50 U.S.C. § 4336 — Retention of properties or interests of

Page 1096 TITLE 50—WAR AND NATIONAL DEFENSE § 4334 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 36 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Prior to classification as section 36, section was for- merly classified to section 620 of the former Appendix to this title. 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. § 4334. Insurance of property The Alien Property Custodian may procure in- surance in such amounts, and from such insur- ers, as he believes will adequately protect him against loss in connection with property or in- terest or proceeds held by him. (Oct. 6, 1917, ch. 106, § 37, as added Dec. 18, 1941, ch. 593, title III, § 305, as added Aug. 8, 1946, ch. 878, § 1, 60 Stat. 930.) Editorial Notes CODIFICATION Section was formerly classified to section 37 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Prior to classification as section 37, section was for- merly classified to section 620 of the former Appendix to this title. 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. § 4335. Shipment of relief supplies; definitions (a) Notwithstanding any other provision of this chapter, it shall be lawful, at any time after the date of cessation of hostilities with any country with which the United States is at war, for any person in the United States to donate, or otherwise dispose of to, and to transport or de- liver to, any person in such country any article or articles (including food, clothing, and medi- cine) intended to be used solely to relieve human suffering. (b) As used in this section— (1) the term ‘‘person’’ means any individual, partnership, association, company, or other unincorporated body of individuals, or cor- poration or body politic; (2) with respect to any country with which the United States was at war on January 1, 1946, the term ‘‘date of cessation of hos- tilities’’ shall mean the date of enactment of this Act; (3) with respect to any other war the term ‘‘date of cessation of hostilities’’ shall mean the date specified by proclamation of the President or by a concurrent resolution of the two Houses of Congress whichever is the ear- lier. (Oct. 6, 1917, ch. 106, § 38, formerly § —, as added May 16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878, § 3, 60 Stat. 930.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. The date of enactment of this Act, referred to in sub- sec. (b)(2), probably means the date of enactment of act May 16, 1946, ch. 260, which was approved May 16, 1946. CODIFICATION Section was formerly classified to section 38 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4336. Retention of properties or interests of Germany and Japan and their nationals; pro- ceeds covered into Treasury; ex gratia pay- ment to Switzerland (a) Retention of properties or interests of Ger- many and Japan and their nationals No property or interest therein of Germany, Japan, or any national of either such country vested in or transferred to any officer or agency of the Government at any time after December 17, 1941, pursuant to the provisions of this chap- ter, shall be returned to former owners thereof or their successors in interest, and the United States shall not pay compensation for any such property or interest therein. The net proceeds remaining upon the completion of administra- tion, liquidation, and disposition pursuant to the provisions of this chapter of any such prop- erty or interest therein shall be covered into the Treasury at the earliest practicable date. Noth- ing in this section shall be construed to repeal or otherwise affect the operation of the provi- sions of section 4329, 4337, 4338, 4339 or 4340 of this title or of the Philippine Property Act of 1946 [22 U.S.C. 1381 et seq.]. (b) Cover into Treasury of sums received by At- torney General The Attorney General shall cover into the Treasury, to the credit of miscellaneous re- ceipts, all sums from property vested in or transferred to the Attorney General under this chapter— (1) which the Attorney General receives after August 23, 1988, or (2) which the Attorney General received be- fore that date and which, as of that date, the Attorney General had not covered into the Treasury for deposit in the War Claims Fund, other than any such sums which the Attorney General determines in his or her discretion are Page 1097 TITLE 50—WAR AND NATIONAL DEFENSE § 4337 the subject matter of any judicial action or proceeding. (c) Ex gratia payment to Government of Switzer- land Notwithstanding any of the provisions of sub- sections (a) and (b) of this section, the Attorney General is authorized to pay from property vest- ed in or transferred to the Attorney General under this chapter, the sum of $20,000 as an ex gratia payment to the Government of Switzer- land in accordance with the terms of the agree- ment entered into by that Government and the Government of the United States on March 12, 1980. (Oct. 6, 1917, ch. 106, § 39, as added July 3, 1948, ch. 826, § 12, 62 Stat. 1246; amended Aug. 7, 1953, ch. 344, 67 Stat. 461; Pub. L. 85–884, Sept. 2, 1958, 72 Stat. 1708; Pub. L. 87–846, title II, §§ 202, 204(c), Oct. 22, 1962, 76 Stat. 1113, 1115; Pub. L. 87–861, § 1, Oct. 23, 1962, 76 Stat. 1139; Pub. L. 89–619, Oct. 4, 1966, 80 Stat. 871; Pub. L. 99–93, title VIII, § 803, Aug. 16, 1985, 99 Stat. 449; Pub. L. 100–418, title II, § 2501(a), Aug. 23, 1988, 102 Stat. 1370.) 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. The Philippine Property Act of 1946, referred to in subsec. (a), is act July 3, 1946, ch. 536, 60 Stat. 418, which is classified generally to subchapter V (§ 1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Inter- course. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 22 and Tables. CODIFICATION Section was formerly classified to section 39 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1988—Subsecs. (b) to (f). Pub. L. 100–418 added subsec. (b), redesignated subsec. (f) as (c) and substituted ‘‘and (b)’’ for ‘‘through (d)’’, and struck out former subsecs. (b) to (e) which related to authorizations for certain transfers of funds into the Treasury by the Attorney General for deposit into the War Claims Fund and transfer of certain paintings to the Federal Republic of Germany. 1985—Subsec. (f). Pub. L. 99–93 added subsec. (f). 1966—Subsec. (e). Pub. L. 89–619 added subsec. (e). 1962—Subsec. (a). Pub. L. 87–861 provided that nothing in this section shall be construed to repeal or otherwise affect the operation of section 4337, 4338, 4339, or 4340 of this title. Subsec. (b). Pub. L. 87–846, § 204(c), required Attorney General to cover $500,000 into Treasury for deposit into War Claims Fund for payments to successor organiza- tions receiving heirless property. Subsec. (d). Pub. L. 87–846, § 202, added subsec. (d). 1958—Subsec. (c). Pub. L. 85–884 added subsec. (c). 1953—Act Aug. 7, 1953, designated existing provisions as subsec. (a) and added subsec. (b). § 4337. Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority The President, or such officer or agency as he may designate, is authorized to conclude and give effect to agreements to further the amica- ble and expeditious settlement of intercustodial conflicts involving enemy property, subject to the following: (1) The authority granted in this section shall extend only to agreements with governments with which the United States was not at war in World War II. (2) Such agreements shall be in accordance with the policy of protecting and making avail- able for utilization the American and nonenemy interests in such property and further the elimi- nation of enemy interests in such property and the efficient administration and liquidation of enemy property in the United States. (3) For the purposes of this section, the United States as to any intergovernmental agreements hereafter negotiated shall seek treatment equal to that accorded United States nationals for persons who, although citizens or residents of any enemy country before or during World War II, were deprived of full rights of citizenship or substantially deprived of liberty by laws, de- crees, or regulations of such enemy country dis- criminating against racial, religious, or polit- ical groups: Provided, That on September 28, 1950, such persons were (1) permanent residents of the United States and (2) had declared their intention to become citizens of the United States in conformity with the provisions of the Nationality Act of 1940, as amended; and that such persons shall have acquired citizenship of the United States prior to the effective date of any intergovernmental agreement hereafter ne- gotiated. (4) Reimbursement to the United States by other governments pursuant to such agreements shall be administered as vested property: Pro- vided, That nothing contained in this section shall hinder, restrict or limit the payment of claims from the War Claims Fund established by section 4110 of this title, as amended. (Sept. 28, 1950, ch. 1094, 64 Stat. 1079.) Editorial Notes REFERENCES IN TEXT The Nationality Act of 1940, referred to in par. (3), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, which was classi- fied principally to chapter 11 (§ 501 et seq.) of Title 8, Aliens and Nationality, prior to repeal by act June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280. See sec- tion 1101 et seq. of Title 8. CODIFICATION Section was formerly classified to section 40 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section was not enacted as part of the Trading with the enemy Act which comprises this chapter. Executive Documents EX. ORD. NO. 10244. AUTHORIZATION OF SECRETARY OF STATE AND ATTORNEY GENERAL TO PERFORM CERTAIN FUNCTIONS Ex. Ord. No. 10244, May 17, 1951, 16 F.R. 4639, provided: 1. The Secretary of State and the Attorney General are hereby jointly designated as the officers authorized to conclude and give effect to agreements relating to the settlement of intercustodial conflicts involving enemy property made pursuant to the said act of Sep- tember 28, 1950 [50 U.S.C. 4337], and to exercise all pow-