22 U.S.C. § 1631o — Eligibility for return of interest in prop-

Page 417 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1631o ticable, as though the property had not been vested, and shall be paid only out of the prop- erty, or earnings, increment, or proceeds there- of, to which they are incident or out of other property acquired from the same former owner, or earnings, increment, or proceeds thereof. No tax liability may be enforced from any property or the earnings, increment, or proceeds thereof while held by the designee except with his con- sent. Where any property is transferred, other- wise than pursuant to section 1631f(a) or 1631f(b) of this title, the designee may transfer the prop- erty free and clear of any tax, except to the ex- tent of any lien for a tax existing and perfected at the date of vesting, and the proceeds of such transfer shall, for tax purposes, replace the property in the hands of the designee. (c) Computation; suspension of limitations Subject to the provisions of subsection (b) of this section, the manner of computing any Fed- eral taxes, including without limitation by rea- son of this enumeration, the applicability in such computation of credits, deductions, and ex- emptions to which the former owner is or would be entitled, and the time and manner of any payment of such taxes and the extent of any compliance by the designee with provisions of Federal law and regulations applicable with re- spect to Federal taxes, shall be in accordance with regulations prescribed by the Secretary of the Treasury to effectuate this section. Statutes of limitations on assessments, collection, re- fund, or credit of Federal taxes shall be sus- pended with respect to any vested property or the earnings, increment, or proceeds thereof, while vested and for six months thereafter; but no interest shall be paid upon any refund with respect to any period during which the statute of limitations is so suspended. (d) ‘‘Tax’’ defined The word ‘‘tax’’ as used in this section shall include, without limitation by reason of this enumeration, any property, income, excess-prof- its, war-profits, excise, estate, and employment tax, import duty, and special assessment; and also any interest, penalty, additional amount, or addition thereto not arising from any act, omission, neglect, failure, or delay on the part of the designee. (Mar. 10, 1950, ch. 54, title II, § 212, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 569.) § 1631l. Determination of expenses and time for filing suit, notice of claim and debt claim Prior to covering the net proceeds of liquida- tion of any property into the Treasury pursuant to section 1631a(a) of this title, the designee of the President under this subchapter shall deter- mine— (1) the amount of his administrative ex- penses attributable to the performance of his functions under this subchapter with respect to such property and the proceeds thereof. The amount so determined, together with an amount not exceeding that expended or in- curred for the conservation, preservation, or maintenance of such property and the pro- ceeds thereof, and for taxes in respect of same, shall be deducted and retained by the designee from the proceeds otherwise covered into the Treasury; and (2) that the time for the institution of a suit under section 1631f(a) of this title, for the fil- ing of a notice of claim under section 1631f(b) of this title, and for the filing of debt claims under section 1631g of this title has elapsed. The determinations of the designee under this section shall be final and conclusive. (Mar. 10, 1950, ch. 54, title II, § 213, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.) § 1631m. Lien, attachment, garnishment, etc., of transferred property No property conveyed, transferred, assigned, delivered, or paid to the designee of the Presi- dent under this subchapter, or the net proceeds thereof, shall be liable to lien, attachment, gar- nishment, trustee process, or execution, or sub- ject to any order or decree of any court, except as provided in this subchapter. (Mar. 10, 1950, ch. 54, title II, § 214, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.) § 1631n. Penalties Whoever shall willfully violate any provision of this subchapter or any rule or regulation issued hereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President or of a designee of the President under this subchapter, issued in com- pliance with the provisions of this subchapter shall be fined not more than $5,000, or, if a nat- ural person, imprisoned for not more than five years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both. (Mar. 10, 1950, ch. 54, title II, § 215, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.) § 1631o. Eligibility for return of interest in prop- erty (a) Persons eligible; determination; prerequisites Notwithstanding any other provision of this chapter or any provision of the Trading With the Enemy Act, as amended, any person (1) who was formerly a national of Bulgaria, Hungary, or Ru- mania, and (2) who, as a consequence of any law, decree, or regulation of the nation of which he was a national discriminating against political, racial or religious groups, at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated enjoyed full rights of citizenship under the law of such na- tion, shall be eligible hereunder to receive the return of his interest in property which was vested under section 1631a(a) of this title or under the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania if 25 per centum or more of the outstanding capital stock of such corporation was owned at the date of vesting by such persons and nationals of countries other than Bulgaria, Hungary, Rumania, Germany, or Japan, or if such corporation was subjected after December 7, 1941, under the laws of its country, Page 418 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641 to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the De- partment of State as provided under section 1631f(c) of this title shall be required for such persons. (b) Notice of claim; time of claim; fund for pay- ment An interest in property vested under the Trad- ing With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania shall be subject to return under subsection (a) of this section only if a notice of claim for the return of any such interest has been timely filed under the provisions of section 4330 of Title 50, pro- vided that application may be made therefore within six months after July 24, 1968. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bul- garian Claims Fund, Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of any other interest representing vested property held in the United States Treasury may be used for the purpose of making the return hereunder. (c) Finality of determination Determinations by the designee of the Presi- dent or any other officer or agency with respect to claims under this section, including the al- lowance or disallowance thereof, shall be final and shall not be subject to review by any court. (Mar. 10, 1950, ch. 54, title II, § 216, as added Pub. L. 90–421, § 1(7), July 24, 1968, 82 Stat. 421.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, as amended, re- ferred to in subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. SUBCHAPTER III—CLAIMS AGAINST BUL- GARIA, HUNGARY, RUMANIA, ITALY, AND THE SOVIET UNION § 1641. Definitions As used in this subchapter the term— (1) ‘‘Person’’ means a natural person, part- nership, association, other unincorporated body, corporation, or body politic. (2) ‘‘National of the United States’’ means (A) a natural person who is a citizen of the United States, or who owes permanent alle- giance to the United States, and (B) a corpora- tion or other legal entity which is organized under the laws of the United States, any State or Territory thereof, or the District of Colum- bia, if natural persons who are nationals of the United States own, directly or indirectly, more than 50 per centum of the outstanding capital stock or other beneficial interest in such legal entity. It does not include aliens. (3) ‘‘Treaty of peace’’, with respect to a country, means the treaty of peace with that country signed at Paris, France, February 10, 1947, which came into force between that coun- try and the United States on September 15, 1947. (4) ‘‘Memorandum of Understanding’’ means the Memorandum of Understanding between the United States and Italy regarding Italian assets in the United States and certain claims of nationals of the United States, signed at Washington, District of Columbia, August 14, 1947 (61 Stat. 3962). (5) ‘‘Soviet Government’’ means the Union of Soviet Socialist Republics, including any of its present or former constituent republics, other political subdivisions, and any terri- tories thereof, as constituted on or prior to November 16, 1933. (6) ‘‘Litvinov Assignment’’ means (A) the communication dated November 16, 1933, from Maxim Litvinov to President Franklin D. Roo- sevelt, wherein the Soviet Government as- signed to the Government of the United States amounts admitted or found to be due it as the successor of prior governments of Russia, or otherwise, preparatory to a final settlement of the claims outstanding between the two Gov- ernments and the claims of their nationals; (B) the communication dated November 16, 1933, from President Franklin D. Roosevelt to Maxim Litvinov, accepting such assignment; and (C) the assignments executed by Serge Ughet on August 25, 1933, and November 15, 1933, assigning certain assets to the Govern- ment of the United States. (7) ‘‘Russian national’’ includes any corpora- tion or business association organized under the laws, decrees, ordinances, or acts of the former Empire of Russia or of any government successor thereto, and subsequently national- ized or dissolved or whose assets were taken over by the Soviet Government or which was merged with any other corporation or organi- zation by the Soviet Government. (8) ‘‘Commission’’ means the Foreign Claims Settlement Commission of the United States, established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279). (9) ‘‘Property’’ means any property, right, or interest. (Mar. 10, 1950, ch. 54, title III, § 301, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 570.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 1 of 1954, referred to in par. (8), is Reorg. Plan No. 1 of 1954, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMIS- SION OF THE UNITED STATES AS SEPARATE AGENCY WITHIN DEPARTMENT OF JUSTICE For provisions transferring Foreign Claims Settle- ment Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title. § 1641a. Claims funds (a) Establishment; coverage into Treasury; de- duction There are created in the Treasury of the United States five funds to be known as the Bul-