claimant may, within the time indicated in the notice, file a statement specifying his objections to dismissal, together with his reasons in support thereof; any evidence or other material in support of the claim which has not previously been filed with this Office shall be filed by the claimant with the statement of objections. Upon application by the Chief of the Claims Section for an Order dismissing the claim, the Director will consider the objections if any which may have been filed. The Director thereafter may remand the application to the Chief of the Claims Section for further proceeding under the rules in this part, or in the case of non-excepted claims if it appears to him that there is no genuine issue may issue an order dismissing the claim. In cases of excepted claims where the Director is of the opinion there is no genuine issue he shall transmit the record together with any objections which have been filed to the dismissal of the claim to the Attorney General, and upon approval by the Attorney General, the Director shall enter an order dismissing the claim.

§ 502.26 Service.

(a) By the Chief Hearing Examiner. Decisions, notices of hearing, and orders shall be served by the Chief Hearing Examiner by registering and mailing a copy thereof to the parties, addressed to the claimant, his agent or attorney. Notices of all other actions may be served by ordinary mail, except where other methods are specifically required by the rules of this part. When service is not made by registered mail, it may be made by anyone duly authorized by the Chief Hearing Examiner by delivering a copy thereof at the principal place of business of the party to be served within reasonable office hours. The return of the person making service shall be proof of such service.

(b) By the Chief of the Claims Setion. Service by the Chief of the Claims Section of a notice of the date and place of hearing of a motion or of a notice pursuant to § 502.25 (i) shall be by registered mail.

(c) By the Director. Any action taken by the Attorney General or the Director in a claim proceeding shall be served by the Director in the manner provided in paragraph (a) of this section.

(d) By parties. Motions, briefs, proposed findings and conclusions, notices and all other papers filed in a claim pro

ceeding, when filed with the Director or Hearing Examiner, shall show service thereof upon the parties to the claim proceeding. Such service shall be made by delivering in person or by mailing except as otherwise provided by the rules of this part.

(e) Service upon attorneys or agents. When any party has appeared by attorney or agent, service upon the attorney or agent shall be deemed service upon the party.

(f) Date of service. The date of service shall be the day when the matter is deposited in the United States mail or delivered in person, as the case may be. § 502.27 Computation of time.

In computing any period of time prescribed or allowed by this part, the last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the last day which is neither a Saturday, Sunday nor legal holiday.

§ 502.28 Continuances and extensions.

Continuance with respect to any claim proceeding or hearing and extension of time for filing, or performing any act required or allowed to be done within a specified time, may be granted by the Attorney General, the Director, Chief Hearing Examiner or the Hearing Examiner upon motion, for good cause shown, except where time for performance or filing is limited by the act.

§ 502.29

Filing of debt claims by depositors of Yokohama Specie Bank, Ltd., Honolulu Branch.

Notices of Claim for Return of Property heretofore filed by depositors of the Yokohama Specie Bank, Ltd., Honolulu Branch, in respect of principal and interest accruing to the date of the closing of said bank on December 7, 1941, shall be considered as including Notices of Claim for Payment of Debt under section 34 of the act covering interest accruing subsequent to the closing of said bank. Releases and receipts executed by such claimants on account of return orders issued in connection with their Notices of Claim for Return of Property shall not be a bar to the allowance of their debt claims for post-closing interest in the event the Director subsequently determines that such post-closing interest is payable. The foregoing shall not be construed as a present de

termination by the Director as to the validity of such debt claims.

(E.O. 9567, June 8, 1945, 10 F.R. 6917; 3 CFR, 1943-1948 Comp.)

§ 502.30 Filing of claim as condition precedent to suit under the Trading With the Enemy Act, as amended. The filing heretofore or hereafter, of a claim under section 32 of the Trading With the Enemy Act, as amended, shall constitute the filing of notice required by section 9 of that act as a condition precedent to the filing of a suit in equity for the return of property vested in or transferred to the Attorney General of the United States pursuant to that act. § 502.31

Effect of disallowance of claim in determining period of limitations for filing suit under the Trading With the Enemy Act, as amended. The final disallowance under the rules of this part of any claim for the return of property filed under the Trading With the Enemy Act, as amended, shall constitute a disallowance for the purpose of determining the period of limitations, prescribed in section 33 of that act, within which a suit pursuant to section 9 of that act may be instituted.

Subpart B-Title Claims

§ 502.100 Definitions.

As used in §§ 502.100 to 502.110, applicable solely to title claims, unless the context otherwise requires:

(a) The term "taxes" refers to taxes as defined under section 36(d) of the Trading With the Enemy Act, as amended, or section 212(d) of the International claims Settlement Act of 1949, as amended.

(b) The term "national interest" means the interest of the United States under section 32(a)(5) of the Trading With the Enemy Act, as amended.

(c) The term "conservatory expenses" means expenses expended or incurred in the conservation, preservation or maintenance of vested property.

§ 502.101 Order of processing.

Except in cases where hardship or other special circumstances exist, claims shall be processed, as nearly as practicable, in the order of their filing.

§ 502.102 Procedure for allowance without hearing.

(a) The Chief of the Claims Section may initiate a proceeding for allowance of a claim, or a separable part thereof,

which he deems entitled to allowance without the necessity of a hearing thereon, by submitting to the Director a recommendation for allowance.

(b) The record in a claim proceeding under this procedure shall include the Notice of Claim, the evidence with respect thereto, and the recommendation for allowance.

(c) In the case of non-excepted claims the Director shall consider the record and may allow the claim. In the case of excepted claims the Director shall transmit the record with his recommendation for allowance to the Attorney General who may approve the recommendation. In such cases the claim shall be returned to the Director for further proceedings in accordance with the rules in this part.

(d) If the Attorney General or the Director shall disagree with a recommendation for allowance, the claim shall be remanded to the Chief of the Claims Section for such action as may be appropriate.

(e) A claim under this procedure may be allowed notwithstanding the fact that the Chief of the Claims Section makes no recommendation with respect to taxes or conservatory expenses. However, no return will be made prior to a determination of such matters and adequate provision made therefor.

§ 502.103 Requirement for hearing.

No claim shall be allowed or disallowed except after hearing, unless the claim has been determined pursuant to § 502.25 (1), § 502.102 or § 502.105. § 502.104 Hearing calendar.

The Chief Hearing Examiner shall maintain a hearing calendar and docket of all docketed claim proceedings.

§ 502.105 National interest under the Trading With the Enemy Act, as amended.

(a) In the case of non-excepted claims where it appears to the satisfaction of the Director that a return of vested property is not in the national interest pursuant to section 32(a) (5) of the Trading With the Enemy Act, as amended, he may (1) by order disallow the claim by citation of this section, or (2) by order suspend, for a fixed or indefinite time, further action by the Office in the claim proceeding by citation of this section. In the case of excepted claims where it appears to the satisfaction of the Director that a return of

vested property is not in the national interest as aforesaid he shall transmit the record to the Attorney General for his consideration and the Attorney General may (i) by order disallow the claim by citation of this section, (ii) by order suspend for a fixed or indefinite time further action by the Office of Alien Property in the claim proceeding by citation of this section, or (iii) return the claim to the Director for such action as the Attorney General deems appropriate.

(b) The Director may direct with respect to any question of fact relating to national interest, that a hearing be held before himself, a Hearing Examiner or such other person or persons as he may designate. In such a hearing the officer or officers shall prepare recommended findings of fact only which shall be submitted to the Director with a transcript of the hearing.

§ 502.106 Publication of notice of intention to return vested property under the Trading With the Enemy Act, as amended.

In compliance with section 32(f) of the Trading With the Enemy Act, as amended, prior to the return of vested property the Director will issue and file for publication with the FEDERAL REGISTER a notice of intention to return vested property, except that no such notice need be published where the return is to be made to a resident of the United States or a corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia.

§ 502.107 Revocation of notice of intention to return vested property under the Trading With the Enemy Act, as amended.

(a) The notice of intention to return vested property may be revoked by the Director at any time prior to return.

(b) Notice of such revocation shall be served on the parties and filed for publication with the FEDERAL REGISTER. § 502.108 Return order.

Where no notice of intention to return vested property has been issued, an order directing return will issue at the time the claim is allowed or as soon thereafter as practicable. Where notice of intention to return vested property has been issued under the Trading With the Enemy Act, as amended, an order directing return will issue as soon as practicable after the expiration of thirty

(30) days following the publication of the notice, except where the notice has been revoked in accordance with § 502.107.

§ 502.109 Final audit.

Prior to making full and final return of property pursuant to return order, a final audit with respect to the property involved will be made. Any transaction occurring in the administration of such property shall be given effect in determining the actual amount of cash and other property to be returned pursuant to the return order.

§ 502.110 Return of vested property.

After issuance of the return order, completion of the final audit and final administrative determination with respect to taxes, fees and conservatory expenses, appropriate instruments and papers will issue returning the property claimed. The claimant receiving such property shall execute papers in such form as the Director shall determine acknowledging receipt of the property returned.

Subpart C-Debt Claims

§ 502.200 Definitions.

As used in §§ 502.200 to 502.205 applicable solely to debt claims, unless the context otherwise requires:

(a) The term "vested property of a debtor" means property of a debtor which he owned immediately prior to its becoming vested property.

(b) The term "money available for payment of claims" means such money included in, or received as net proceeds from the sale, use, or other disposition of vested property of a debtor as shall remain after deduction of expenses and taxes.

(c) The term "expenses" means the amount of the expenses of the Office of Alien Property, the former Office of Alien Property Custodian, and the former Philippine Alien Property Administration, including both expenses in connection with vested property of the debtor involved and such portion as the Director shall fix of the other expenses of these agencies, and such amount, if any, as the Director may establish as a cash reserve for the future payment of such expenses.

(d) The term "taxes" means taxes as defined in section 36(d) of the Trading With the Enemy Act, as amended, or section 212(d) of the International Claims

Settlement Act of 1949, as amended, and includes taxes paid by the Director in respect of vested property of the debtor involved and such amount, if any, as the Director may establish as a cash reserve for the future payment of such taxes.

(e) The term "debtor's solvent estate" means money available for payment of claims which money at the time of computation exceeds the aggregate of claims filed against a particular debtor.

(f) The term "debtor's insolvent esstate" means money available for payment of claims which money at the time of computation is less than the aggregate of claims filed against a particular debtor.

(g) The term "proposed payment" refers to payment proposed to be made to claimants whose claims against a debtor's insolvent estate have been allowed in whole or in part.

§ 502.201 Procedure for allowance and payment without hearing of claims against debtors' solvent estates.

(a) With respect to claims against debtors' solvent estates, the Chief of the Claims Section may initiate a proceeding for allowance of a claim, or a separable part thereof which he deems entitled to allowance, without the necessity of a hearing thereon by submitting to the Director a recommendation for allow

ance.

(b) The record in a claim proceeding under this procedure shall include the Notice of Claim, the evidence with respect thereto and the recommendation for allowance.

(c) In the case of non-excepted claims the Director shall consider the record and may allow the claim. In the case of excepted claims, the Director shall transmit the record with his recommendation for allowance to the Attorney General who may approve the recommendation. In such cases the Attorney General shall return the claim to the Director for further proceeding in accordance with the rules in this part.

(d) If the Attorney General or the Director shall disagree with a recommendation for allowance the claim shall be remanded to the Chief of the Claims Section for such action as may be appropriate.

§ 502.202 Claims against debtors' insolvent estates.

(a) Notices of claims filed with this Office against a particular debtor's in

solvent estate shall be available for inspection by all claimants in respect of such estate in accordance with the provisions of § 503.1(b) of this chapter.

(b) With respect to claims against a particular debtor's insolvent estate the Chief of the Claims Section may submit to the Director a recommendation for allowance of any claim or a separable part thereof which he deems entitled to allowance. The record shall include the Notice of Claim, the evidence with respect thereto and the recommendation for allowance. All such claims submitted to the Director shall be dealt with by him or the Attorney General in accordance with the procedures set forth in § 502.201 (c) and (d).

(c) Where the Chief of the Claims Section concludes for any reason that he cannot recommend allowance of a claim against a particular debtor's insolvent estate, the claim may be docketed for hearing. At such hearing any other claimant against the particular debtor's insolvent estate may file an application to be heard in accordance with the provisions of § 502.5. The recommended decision of a Hearing Examiner with respect to the claim is subject to review in accordance with the provisions of § 502.23.

(d) The Director may issue a tentative schedule showing all debt claims proposed to be allowed by him with the priorities assigned thereto and the payment to be made to each claimant. Notice of the issuance of the tentative schedule shall in the manner provided by § 502.26 be served on all claimants in respect of the particular debtor's estate, whose claims are then pending, together with notice that objections to such tentative schedule may be filed within the period prescribed in the notice, which period shall not be less than thirty (30) days. The tentative schedule shall be made available for inspection at the Office of Alien Property, Washington, D.C. With the consent of all claimants, the tentative schedule may be omitted.

(e) The Director shall consider any objections to the tentative schedule that may have been timely filed, and shall take such action as may be appropriate. As soon thereafter as appropriate, the Director shall as required by section 34 (f) of the Trading With the Enemy Act, as amended, or section 208(f) of the International Claims Settlement Act of 1949, as amended, prepare and serve by

registered mail on all claimants in respect of a particular debtor's insolvent estate, a final schedule of the debt claims allowed, with priorities assigned thereto, and the proposed payment to each claimant.

(f) The Director may issue a tentative schedule and a final schedule limited to claims, payment of which in accordance with the priorities assigned thereto by the Director pursuant to the provisions of section 34(g) of the Trading With the Enemy Act, as amended, or section 208(g) of the International Claims Settlement Act of 1949, as amended, would not adversely affect the payment of any other claim in respect of the particular debtor's insolvent estate.

§ 502.203 Requirement for hearing.

No claim shall be allowed or disallowed except after hearing, unless the claim has been determined pursuant to § 502.25(1), § 502.201 or § 502.202.

§ 502.204 Payment of allowed claims.

As soon as practicable after the allowance of a claim, in whole or in part, the claim will be paid to the extent allowed: Provided, however, That with respect to claims against a debtor's insolvent estate, pending determination of any complaint for review filed under section 34(f) of the Trading With the Enemy Act, as amended, or section 208(f) of the International Claims Settlement Act of 1949, as amended, payment may be made only to an extent, if any, consistent with the contentions of all claimants for review. § 502.205 Future payments.

If additional monies become available for the payment of claims after the first payment on allowed claims in respect of a debtor's insolvent estate, the Director shall order further payments in accordance with the final schedule theretofore issued by him, or as modified on review under section 34(f) of the Trading With the Enemy Act, as amended, or section 208(f) of the International Claims Settlement Act of 1949, as amended.

Subpart D-General Claims

§ 502.300 General claims.

All claims against the Attorney General of the United States relating to the office of Alien Property or against his predecessors, the Alien Property Custodian and the Philippine Alien Property Administrator, other than title and debt

503.1 Official records available to public. 503.17 General rule as to nonavailability of records of the Office of Alien Property.

AUTHORITY: The provisions of this Part 503 issued under sec. 301, 55 Stat. 839, sec. 3, 60 Stat. 418, as amended, secs. 201-318, 69 Stat. 562-575; 50 U.S.C. App. 5, 22 U.S.C. 1382, 1631-1641q, E.O. 9193, July 6, 1942, 7 F.R. 5205, 3 CFR 1943 Cum. Supp.; E.O. 9725, May 16, 1946, 11 F.R. 5381, 3 CFR, 1946 Supp.; E.O. 9788, Oct. 14, 1946, 11 F.R. 11981, 12123, 3 CFR, 1946 Supp; E.O. 9989, Aug. 20, 1948, 13 F.R. 4891, 3 CFR, 1948 Supp.; E.O. 10254, June 15, 1951, 16 F.R. 5829, 3 CFR, 1951 Supp.; E.O. 10644, Nov. 7, 1955, 20 F.R. 8363.

§ 503.1 Official records available to public.

(a) Records available for inspection and distribution. The following documents are available for inspection and, insofar as supply permits, for distribution on application to Records Officer, Office of Alien Property, Washington 25, D.C.:

(1) Annual reports of the Office of Alien Property Custodian and the Office of Alien Property.

(2) Instructions and forms for filing claims, and for reporting information which the Director, Office of Alien Property, requires. See § 501.80 of this chapter.

(3) Final determinations, opinions, and orders in cases heard or reviewed by the Vested Property Claims Committee, the Hearing Examiners, or the Director, Office of Alien Property.

(4) Notices of public sale, prospectuses, and terms and conditions of sale. (5) Rules issued by the Office of Alien Property Custodian and the Office of Alien Property.

(6) Documents which have been published in the FEDERAL REGISTER.

(7) Formal opinions of the General Counsel, Office of Alien Property Custodian, and of the Legal Branch, Office of