50 U.S.C. § 4329 | Return of property

(a)

Conditions precedent

December 18, 1941The President, or such officer or agency as he may designate, may return any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to ), or the net proceeds thereof, whenever the President or such officer or agency shall determine—

(1)

that the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States), or successor in interest by inheritance, devise, bequest, or operation of law, of such owner; and

(2)

that such owner, and legal representative or successor in interest, if any, are not—

(A)

the Government of Germany, Japan, Bulgaria, Hungary, or Rumania; or

(B)

ProvidedProvided further a corporation or association organized under the laws of such nation: , That any property or interest or proceeds which, but for the provisions of this subdivision (B), might be returned under this section to any such corporation or association, may be returned to the owner or owners of all the stock of such corporation or of all the proprietary and beneficial interest in such association, if their ownership of such stock or proprietary and beneficial interest existed immediately prior to vesting in or transfer to the Alien Property Custodian and continuously thereafter to the date of such return (without regard to purported divestments or limitations of such ownership by any government referred to in subdivision (A) hereof) and if such ownership was by one or more citizens of the United States or by one or more corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: , That such owner or owners shall succeed to those obligations limited in aggregate amount to the value of such property or interest or proceeds, which are lawfully assertible against the corporation or association by persons not ineligible to receive a return under this section; or

(C)

December 7, 1941December 7, 1941ProvidedDecember 7, 1941 an individual voluntarily resident at any time since , within the territory of such nation, other than a citizen of the United States or a diplomatic or consular officer of Italy or of any nation with which the United States has not at any time since , been at war: , That an individual who, while in the territory of a nation with which the United States has at any time since , been at war, was deprived of life or substantially deprived of liberty pursuant to any law, decree, or regulation of such nation discriminating against political, racial, or religious groups, shall not be deemed to have voluntarily resided in such territory; or

(D)

December 7, 1941December 7, 1941March 8, 1946ProvidedDecember 7, 1941And provided furtherDecember 7, 1941September 29, 1950December 7, 1941And provided further an individual who was at any time after , a citizen or subject of Germany, Japan, Bulgaria, Hungary, or Rumania, and who on or after , and prior to , was present (other than in the service of the United States) in the territory of such nation or in any territory occupied by the military or naval forces thereof or engaged in any business in any such territory: , That notwithstanding the provisions of this subdivision (D) return may be made to an individual who, as a consequence of any law, decree, or regulation of the nation of which he was then a citizen or subject, discriminating against political, racial, or religious groups, has at no time between , and the time when such law, decree, or regulation was abrogated, enjoyed full rights of citizenship under the law of such nation: , That, notwithstanding the provisions of subdivision (C) hereof and of this subdivision (D), return may be made to an individual who at all times since , was a citizen of the United States, or to an individual who, having lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country, reacquired such citizenship prior to , if such individual would have been a citizen of the United States at all times since , but for such marriage: , That the aggregate book value of returns made pursuant to the foregoing proviso shall not exceed $9,000,000; and any return under such proviso may be made if the book value of any such return, taken together with the aggregate book value of returns already made under such proviso does not exceed $9,000,000; and for the purposes of this proviso the term “book value” means the value, as of the time of vesting, entered on the books of the Alien Property Custodian for the purpose of accounting for the property or interest involved; or

(E)

December 7, 1941ProvidedDecember 7, 1941March 1, 1938March 8, 1946 a foreign corporation or association which at any time after , was controlled or 50 per centum or more of the stock of which was owned by any person or persons ineligible to receive a return under subdivisions (A), (B), (C), or (D) hereof: , That notwithstanding the provisions of this subdivision (E), return may be made to a corporation or association so controlled or owned, if such corporation or association was organized under the laws of a nation any of whose territory was occupied by the military or naval forces of any nation with which the United States has at any time since , been at war, and if such control or ownership arose after , as an incident to such occupation and was terminated prior to ;

and

(3)

September 1, 1939 that the property or interest claimed, or the net proceeds of which are claimed, was not at any time after , held or used, by or with the assent of the person who was the owner thereof immediately prior to vesting in or transfer to the Alien Property Custodian, pursuant to any arrangement to conceal any property or interest within the United States of any person ineligible to receive a return under subsection (a)(2) hereof;

(4)

October 31, 194256 Stat. 1013October 31, 1942 that the Alien Property Custodian has no actual or potential liability under the Renegotiation Act or the Act of (), in respect of the property or interest or proceeds to be returned and that the claimant and his predecessor in interest, if any, have no actual or potential liability of any kind under the Renegotiation Act or the said Act of ; or in the alternative that the claimant has provided security or undertakings adequate to assure satisfaction of all such liabilities or that property or interest or proceeds to be retained by the Alien Property Custodian are adequate therefor; and

(5)

that such return is in the interest of the United States.

(b)

Extension of filing time limitation for redetermination of excessive profits

1 See Change of Name note below.

2 See Transfer of Functions note below.

Notwithstanding the limitation prescribed in the Renegotiation Act upon the time within which petitions may be filed in The Tax Court of the United States, any person to whom any property or interest or proceeds are returned hereunder shall, for a period of ninety days (not counting Sunday or a legal holiday in the District of Columbia as the last day) following return, have the right to file such a petition for a redetermination in respect of any final order of the Renegotiation Board  determining excessive profits, made against the Alien Property Custodian, or of any determination, not embodied in an agreement, of excessive profits, so made by or on behalf of a Secretary.

(c)

Inventions

October 31, 194256 Stat. 1013Any person to whom any invention, whether patented or unpatented, or any right or interest therein is returned hereunder shall be bound by any notice or order issued or agreement made pursuant to the Act of (), in respect of such invention or right or interest, and such person to whom a licensor’s interest is returned shall have all rights assertible by a licensor pursuant to section 2 of the said Act.

(d)

Rights and duties

ProvidedExcept as otherwise provided herein, and except to the extent that the President or such officer or agency as he may designate may otherwise determine, any person to whom return is made hereunder shall have all rights, privileges, and obligations in respect to the property or interest returned or the proceeds of which are returned which would have existed if the property or interest had not vested in the Alien Property Custodian, but no cause of action shall accrue to such person in respect of any deduction or retention of any part of the property or interest or proceeds by the Alien Property Custodian for the purpose of paying taxes, costs, or expenses in connection with such property or interest or proceeds: , That except as provided in subsections (b) and (c) hereof, no person to whom a return is made pursuant to this section, nor the successor in interest of such person, shall acquire or have any claim or right of action against the United States or any department, establishment or agency thereof, or corporation owned thereby, or against any person authorized or licensed by the United States, founded upon the retention, sale, or other disposition, or use, during the period it was vested in the Alien Property Custodian, of the returned property, interest, or proceeds. Any notice to the Alien Property Custodian in respect of any property or interest or proceeds shall constitute notice to the person to whom such property or interest or proceeds is returned and such person shall succeed to all burdens and obligations in respect of such property or interest or proceeds which accrued during the time of retention by the Alien Property Custodian, but the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations to the assertion of any rights by such person in respect of such property or interest or proceeds.

(e)

Legal proceeding unaffected

No return hereunder shall bar the prosecution of any suit at law or in equity against a person to whom return has been made, to establish any right, title, or interest, which may exist or which may have existed at the time of vesting, in or to the property or interest returned, but no such suit may be prosecuted by any person ineligible to receive a return under subsection (a)(2) hereof. With respect to any such suit, the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations.

(f)

Notice of intention

ProvidedAt least thirty days before making any return to any person other than 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, the President or such officer or agency as he may designate shall publish in the Federal Register a notice of intention to make such return, specifying therein the person to whom return is to be made and the place where the property or interest or proceeds to be returned are located. Publication of a notice of intention to return shall confer no right of action upon any person to compel the return of any such property or interest or proceeds, and such notice of intention to return may be revoked by appropriate notice in the Federal Register. After publication of such notice of intention and prior to revocation thereof, the property or interest or proceeds specified shall be subject to attachment at the suit of any citizen or resident of the United States or any corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia, in the same manner as property of the person to whom return is to be made: , That notice of any writ of attachment which may issue prior to return shall be served upon the Alien Property Custodian. Any such attachment proceeding shall be subject to the provisions of law relating to limitation of actions applicable to actions at law in the jurisdiction in which such proceeding is brought, but the period during which the property or interest or proceeds were vested in the Alien Property Custodian shall not be included for the purpose of determining the period of limitation. No officer of any court shall take actual possession, without the consent of the Alien Property Custodian, of any property or interest or proceeds so attached, and publication of a notice of revocation of intention to return shall invalidate any attachment with respect to the specified property or interest or proceeds, but if there is no such revocation, the President or such officer or agency as he may designate shall accord full effect to any such attachment in returning any such property or interest or proceeds.

(g)

Payment of expenses of Custodian

section 4309(a) of this titleWithout limitation by or upon any other existing provision of law with respect to the payment of expenses by the Alien Property Custodian, the Custodian may retain or recover from any property or interest or proceeds returned pursuant to this section or an amount not exceeding that expended or incurred by him for the conservation, preservation, or maintenance of such property or interest or proceeds, or other property or interest or proceeds returned to the same person.

(h)

Designation of successor organizations to receive heirless property; time for application; payment of funds: time, allocation, claims barred by acceptance and conditions

3 So in original. Probably should be “hereof.”

The President may designate one or more organizations as successors in interest to deceased persons who, if alive, would be eligible to receive returns under the provisos of subdivision (C) or (D) of subsection (a)(2) thereof. In the case of any organization not so designated before the date of enactment of this amendment, such organization may be so designated only if it applies for such designation within three months after such date of enactment.

The President, or such officer as he may designate, shall, before the expiration of the one-year period which begins on the date of enactment of this amendment, pay out of the War Claims Fund to organizations designated before or after the date of enactment of this amendment pursuant to this subsection the sum of $500,000. If there is more than one such designated organization, such sum shall be allocated among such organizations in the proportions in which the proceeds of heirless property were distributed, pursuant to agreements to which the United States was a party, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall constitute a full and complete discharge of all claims filed by such organization pursuant to this section, as it existed before the date of enactment of this amendment.

No payment may be made to any organization designated under this section unless it has given firm and responsible assurances approved by the President that (1) the payment will be used on the basis of need in the rehabilitation and settlement of persons in the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship within the meaning of subdivisions (C) and (D) of subsection (a)(2) of this section; (2) it will make to the President, with a copy to be furnished to the Congress, such reports (including a detailed annual report on the use of the payment made to it) and permit such examination of its books as the President, or such officer or agency as he may designate, may from time to time require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative expenses connected with the filing of claims for such payment or for the recovery of any property or interest under this section.

January 1, 1950As used in this subsection, “organization” means only a nonprofit charitable corporation incorporated on or before , under the laws of any State of the United States or of the District of Columbia with the power to sue and be sued.

Oct. 6, 1917, ch. 106, § 32 Dec. 18, 1941, ch. 593 Mar. 8, 1946, ch. 83, § 1 60 Stat. 50 Aug. 8, 1946, ch. 878, § 2 60 Stat. 930 Aug. 5, 1947, ch. 499, § 2 61 Stat. 784 Sept. 29, 1950, ch. 1108, § 1 64 Stat. 1080 Mar. 23, 1951, ch. 15 65 Stat. 23 June 6, 1952, ch. 372 66 Stat. 129 Aug. 23, 1954, ch. 830, § 1 68 Stat. 767 Pub. L. 87–846, title II, § 204(a)Oct. 22, 196276 Stat. 1114( as added , title III, § 304, as added , ; amended , ; , ; , ; , title II, § 201(a), (b), ; , ; , ; , , .)

Editorial Notes

References in Text

act Apr. 28, 1942, ch. 247, title IV, § 403 56 Stat. 245The Renegotiation Act, referred to in subsecs. (a)(4) and (b), is , , which was formerly classified to section 1191 of the former Appendix to this title prior to omission from the Code.

October 31, 194256 Stat. 1013 act Oct. 31, 1942, ch. 634 56 Stat. 1013 act July 19, 1952, ch. 950 66 Stat. 792Act of (), referred to in subsecs. (a)(4) and (c), is , , which was formerly classified to sections 89 to 96 of former Title 35, Patents, prior to the general revision and enactment of Title 35, Patents, by , §1, . Section 2 of the Act was formerly classified to section 90 of former Title 35.

Pub. L. 87–846Oct. 22, 1962Date of enactment of this amendment, referred to in subsec. (h), probably means the date of enactment of , which was approved .

Codification

Section was formerly classified to section 32 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior to classification as section 32, section was formerly classified to section 619 of the former Appendix to this title.

Amendments

Pub. L. 87–846Oct. 22, 1962Oct. 22, 1962Aug. 23, 1954section 4331 of this title1962—Subsec. (h). permitted application for designation as successor organization to be made within three months after , required payments in sum of $500,000 to be made from the War Claims Fund before expiration of one year from , provided for allocation of funds to multiple successor organizations and acceptance of payments as discharge of all claims, and eliminated provisions deeming a successor organization as successor in interest by operation of law, respecting time for making return to such organizations, limiting the return to $3,000,000, requiring filing of notice of claim before expiration of one year from , for transfer of property to eligible persons, and declaring that filing of notice of claim would not bar payment of debt claims under .

Aug. 23, 19541954—Subsec. (h). Act , added subsec. (h).

June 6, 19521952—Subsec. (a)(2)(D). Act , increased from $5,000,000 to $9,000,000 the limitation on amount of property which may be returned to nationals.

Sept. 29, 1950Dec. 7, 1941Sept. 29, 19501950—Subsec. (a)(2)(D). Act , clarified authority of Alien Property Custodian to return vested property to a person who possessed American citizenship at all times since , despite concurrent enemy citizenship and residence in enemy territory, and authorized return of vested property to American women who lost their citizenship solely because of marriage, and who have reacquired their citizenship prior to .

Aug. 5, 1947Dec. 7, 1941Dec. 7, 19411947—Subsec. (a)(2). Act , provided that returns shall not be made to any owner, legal representative, or successor in interest, of the Governments of Germany, Japan, Rumania, Bulgaria, or Hungary; or to corporations or associations organized under the laws of such countries; or to an individual voluntarily resident in such countries at any time since ; or to an individual who was at any time after , a citizen or subject of such country and present in the territory of such nation.

Aug. 8, 19461946—Subsec. (a)(2)(C), (D). Act , inserted provisos in subdivs. (C) and (D).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 91–172, title IX, § 951Dec. 30, 196983 Stat. 730 section 7441 of Title 26Tax Court of the United States redesignated United States Tax Court pursuant to , , . See , Internal Revenue Code.

Transfer of Functions

Mar. 31, 1979Pub. L. 95–431, title V, § 501Oct. 10, 197892 Stat. 1043Renegotiation Board terminated and all property, including records, of Board transferred to Administrator of General Services on , pursuant to , , .

August 5, 1947Purpose of Act

Act Aug. 5, 1947, ch. 499 61 Stat. 784

February 10, 1947“Whereas article 79 of the Treaty of Peace with Italy, signed at Paris on , grants to the Allied and Associated Powers the right to seize and retain ‘all property rights and interests which on the coming into force of the present treaty are within its territory and belong to Italy or to Italian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Italy or Italian nationals, including debts, other than claims fully satisfied under other articles of the present treaty’ and further provides that ‘All Italian property, or the proceeds thereof, in excess of the amount of such claims, shall be returned’; and

“Whereas, pursuant to article 79 of the treaty of peace, negotiations have been entered into between the Governments of the United States and of Italy looking toward an agreement under which, upon the return of property, formerly Italian, in the United States, Italy will place at the disposal of the United States funds to be used in meeting certain claims of nationals of the United States; and

October 6, 191740 Stat. 411 50 U.S.C. 4329“Whereas, for the purpose of carrying out such agreement, it is desirable to authorize, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act of (), as amended [], return to Italy or citizens or subjects of Italy, or corporations or associations organized under the laws of Italy, of property vested in or transferred to the United States or its agencies; and

December 7, 1941September 1, 1939“Whereas, for the purpose of aiding the revival of the Italian economy and establishing it on a self-sustaining basis, it is desirable that there be returned or transferred to Italy those Italian vessels acquired by the United States after , for use in the war effort and now owned by the United States and vessels of a total tonnage approximately equal to the tonnage of those Italian vessels seized by the United States after , and lost while being employed in the United States war effort”.

, , provided in part:

Return of Italian Property

Act Aug. 5, 1947, ch. 499, § 1 61 Stat. 784

50 U.S.C. 4329December 18, 194150 U.S.C. 4301“That the President, or such officer or agency as he may designate, is hereby authorized to return, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act, as amended [], any property or interest, or the net proceeds thereof, which has been, since , vested in or transferred to any officer or agency of the United States pursuant to the Trading With the Enemy Act, as amended [ et seq.], and which immediately prior to such vesting or transfer was the property or interest of Italy or a citizen or subject of Italy, or a corporation or association organized under the laws of Italy.”

, , provided:

Transfer of Vessels to Italian Government

Act Aug. 5, 1947, ch. 499, § 4 61 Stat. 786

September 1, 1939September 1, 1939Provided“The President is authorized upon such terms as he deems necessary (a) to transfer to the Government of Italy all vessels which were under Italian registry and flag on , and were thereafter acquired by the United States and are now owned by the United States; and (b) with respect to any vessel under Italian registry and flag on , and subsequently seized in United States ports and thereafter lost while being employed in the United States war effort, to transfer to the Government of Italy surplus merchant vessels of the United States of a total tonnage approximately equal to the total tonnage of the Italian vessels lost: , That no monetary compensation shall be paid either for the use by the United States or its agencies of former Italian vessels so acquired or seized or for the return or transfer of such vessels or substitute vessels.”

, , provided:

Executive Documents

Transfer of Functions

July 1, 194761 Stat. 951Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. , 12 F.R. 4534, , set out in the Appendix to Title 5, Government Organization and Employees.