50 U.S.C. § 4326 — Waiver by Custodian of demand for prop-

Page 1086 TITLE 50—WAR AND NATIONAL DEFENSE § 4324 tion, including the expenses of making the allo- cation. (Oct. 6, 1917, ch. 106, § 26, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 273; amended June 11, 1929, ch. 14, 46 Stat. 6.) Editorial Notes REFERENCES IN TEXT Section 4 of the Settlement of War Claims Act of 1928, referred to in subsec. (c), is section 4 of act Mar. 10, 1928, ch. 167, 45 Stat. 260, which is not classified to the Code. CODIFICATION Section was formerly classified to section 26 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1929—Subsec. (a). Act June 11, 1929, struck out ‘‘aver- age rate of’’ before ‘‘earnings’’ in second sentence. Executive Documents TRANSFER OF FUNCTIONS Functions 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. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4324. Return by Custodian, to United States, of payments under licenses, assignments or sales of patents The Alien Property Custodian is authorized and directed to return to the United States any consideration paid to him by the United States under any license, assignment, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an application therefor and any patent issued pursuant to any such ap- plication). (Oct. 6, 1917, ch. 106, § 27, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 274.) Editorial Notes CODIFICATION Section was formerly classified to section 27 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents TRANSFER OF FUNCTIONS Functions 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. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4325. ‘‘Unallocated interest fund’’ defined As used in this chapter, the term ‘‘unallocated interest fund’’ means the sum of (1) the earnings and profits accumulated prior to March 4, 1923, and attributable to investments and reinvest- ments under section 4312 of this title by the Sec- retary of the Treasury, plus (2) the earnings and profits accumulated on or after March 4, 1923, in respect of the earnings and profits referred to in clause (1) of this section. (Oct. 6, 1917, ch. 106, § 28, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 274.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 28 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4326. Waiver by Custodian of demand for prop- erty; acceptance of less amount; approval of Attorney General (a) Waiver of demand for conveyance of prop- erty; acceptance of less amount Where the Alien Property Custodian has made demand or requirement for the conveyance, transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforcement thereof has been begun and whether or not any judgment or de- cree in respect thereof has been made or en- tered) and where the whole or any part of such money or other property would, if conveyed, transferred, assigned, delivered, or paid to him, be returnable under any provision of this chap- ter, the Alien Property Custodian may, in his discretion, and on such terms and conditions as he may prescribe, waive such demand or require- ment, or accept in full satisfaction of such de- mand, requirement, judgment, or decree, a less amount than that demanded or required by him. (b) Approval of Attorney General; holding of amount for investment The Alien Property Custodian shall not make any such waiver or compromise except with the approval of the Attorney General; nor (if any part of such money or property would be return- able only upon the filing of the written consent required by subsection (m) of section 4309 of this title) unless, after compliance with the terms and conditions of such waiver or compromise, the Alien Property Custodian or the Treasurer of the United States will hold (in respect of such enemy or ally of enemy) for investment as pro- vided in section 4322 of this title, an amount equal to 20 per centum of the sum of (1) the value of the money or other property held by the Alien Property Custodian or the Treasurer of the United States at the time of such waiver or compromise, plus (2) the value of the money or other property to which the Alien Property Cus- todian would be entitled under such demand or requirement if the waiver or compromise had not been made. (c) Waiver of demand where property interest not vested prior to March 10, 1928 Where the Alien Property Custodian has made demand or requirement for the conveyance, Page 1087 TITLE 50—WAR AND NATIONAL DEFENSE § 4329 transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforcement thereof has been begun and whether or not any judgment or de- cree in respect thereof has been made or en- tered) and where the interest or right of such enemy or ally of enemy in such money or prop- erty has not, prior to March 10, 1928, vested in enjoyment, the Alien Property Custodian may, in his discretion, and on such terms and condi- tions as he may prescribe, waive such demand and requirement, without compliance with the requirements of subsection (b) of this section, but only with the approval of the Attorney Gen- eral. (d) Construction Nothing in this section shall be construed as requiring the Alien Property Custodian to make any waiver or compromise authorized by this section, and the Alien Property Custodian may proceed in respect of any demand or require- ment referred to in subsection (a) or (c) as if this section had not been enacted. (e) Received property considered part of trust All money or other property received by the Alien Property Custodian as a result of any ac- tion or proceeding (whether begun before or after March 10, 1928, and whether or not for the enforcement of a demand or requirement as above specified) shall for the purposes of this chapter be considered as forming a part of the trust in respect of which such action or pro- ceeding was brought, and shall be subject to re- turn in the same manner and upon the same conditions as any other money or property in such trust, except as otherwise provided in sub- section (b) of this section. (Oct. 6, 1917, ch. 106, § 29, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 274.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (e), was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 29 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents TRANSFER OF FUNCTIONS Functions 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. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4327. Attachment or garnishment of funds or property held by Custodian Any money or other property returnable under subsection (b) or (n) of section 4309 of this title shall, at any time prior to such return, be sub- ject to attachment in accordance with the provi- sions of the code of law for the District of Co- lumbia, as amended, relating to attachments in suits at law and to attachments for the enforce- ment of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this section shall be construed as authorizing the taking of actual possession, by any officer of any court, of any money or other property held by the Alien Property Custodian or by the Treasurer of the United States. (Oct. 6, 1917, ch. 106, § 30, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 275.) Editorial Notes CODIFICATION Section was formerly classified to section 30 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents TRANSFER OF FUNCTIONS Functions 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. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4328. ‘‘Member of the former ruling family’’ de- fined As used in this chapter, the term ‘‘member of the former ruling family’’ means (1) any person who was at any time between April 6, 1917, and July 2, 1921, the German Emperor or the ruler of any constituent kingdom of the German Empire, or (2) the wife or any child of such person. (Oct. 6, 1917, ch. 106, § 31, as added Mar. 10, 1928, ch. 167, § 15, 45 Stat. 275.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 31 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4329. Return of property (a) Conditions precedent The President, or such officer or agency as he may designate, may return any property or in- terest vested in or transferred to the Alien Prop-