50 U.S.C. § 4337 — Intercustodial conflicts involving enemy

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- Page 1098 TITLE 50—WAR AND NATIONAL DEFENSE § 4338 ers incident thereto which are conferred by such act, including, without limitation, the powers to receive, transfer, release or return property, interests therein, or proceeds thereof. 2. It is the policy of this order that the Secretary of State, with the concurrence of the Attorney General, shall perform all functions necessary or appropriate to give effect to any agreement made pursuant to the said act of September 28, 1950, with relation to the protec- tion of American interests in property outside the United States, and that the Attorney General, with the concurrence of the Secretary of State, shall perform all functions necessary or appropriate to give effect to any such agreement with relation to property subject to the jurisdiction of the United States, and that all other functions relating to the effectuation of any such agreement shall be performed as may be agreed by the Secretary of State and the Attorney General. However, no action taken hereunder by either the Secretary of State or the Attorney General shall be considered to be invalid on the ground that under the provisions of this order such action was within the jurisdiction of the Secretary of State rather than the Attorney General, or vice versa, or that concurrence was not obtained, or that such action was not joint. 3. The Secretary of State and the Attorney General may each delegate to the other or to any other officer, person, or agency within his respective department such of his functions under this order as he may deem necessary. 4. Any money, property, or interest received as reim- bursement by the United States by virtue of any agree- ment made pursuant to the said act of September 28, 1950, shall be administered and disposed of by the At- torney General as vested property pursuant to the said Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.]. Any other money, property, or interest re- ceived by the Secretary of State or the Attorney Gen- eral pursuant to any such agreement shall be adminis- tered and disposed of pursuant to the provisions of such agreement. HARRY S. TRUMAN. § 4338. Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ bene- fits; exceptions; notice of divestment (a) In general Subject to the provisions of subsection (b) hereof, all rights and interests of individuals in estates, trusts, insurance policies, annuities, re- mainders, pensions, workmen’s compensation and veterans’ benefits vested under this chapter after December 17, 1941, which have not become payable or deliverable to or have not vested in possession in the Attorney General prior to De- cember 31, 1961, are divested: Provided, That the provisions of this section shall not affect the right of the Attorney General to retain all such property rights and interests and to collect all income which is payable to or vested in posses- sion in him prior to December 31, 1961. (b) Exception to requirement where beneficial owner convicted of certain crimes Nothing contained in this section shall divest or require the divestment of any portion of any such interest the beneficial owner of which is a natural person who has been convicted person- ally and by name by a court of competent juris- diction of murder, ill treatment, or deportation for slave labor of prisoners of war, political op- ponents, hostages, or civilian population in oc- cupied territories, or of murder or ill treatment of military or naval persons, or of plunder or wanton destruction without justified military necessity. (c) Notice of divestment At the earliest practicable time after the ef- fective date of this Act, the Attorney General shall transmit to the lawful owner or custodian of any interest divested by this section written notice of such divestment. (Oct. 6, 1917, ch. 106, § 40, as added Pub. L. 87–846, title II, § 205, Oct. 22, 1962, 76 Stat. 1115.) 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 effective date of this Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 87–846, which added this section and was approved Oct. 22, 1962. CODIFICATION Section was formerly classified to section 41 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4339. Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divest- ment of copyrights: ‘‘copyrights’’ defined, rights of licensees and assignees, reproduc- tion rights of United States, transfer of inter- ests, payment of royalties to Attorney Gen- eral, suits for infringement (a) Jurisdiction Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, deter- mine, and render judgment upon the claims against the United States for the proceeds re- ceived by the United States from the sale of the property vested under the provisions of this chapter by vesting order numbered 33 relating to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than two years after October 22, 1962. (b) ‘‘Copyrights’’ defined As used in this section the word ‘‘copyrights’’ includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals. (c) Divestment of copyrights; limitations; trans- fer of remaining rights and interests All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to Decem- ber 17, 1941, which have not been returned or otherwise disposed of under this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and