PRIA, Government Policy, Made Personal

Summary

Any property that belonged to Germany, Japan, or their citizens and that came into the hands of a U.S. government officer or agency after December 17, 1941 under this law will not be returned to the former owners. The United States will not pay for such property. Any money left after the government finishes handling, selling, or settling those properties must be put into the U.S. Treasury as soon as practicable. This does not change the operation of sections 4329, 4337, 4338, 4339, 4340, or the Philippine Property Act of 1946. The Attorney General must deposit into the Treasury all sums from property given to the Attorney General under this law that are received after August 23, 1988, and those received before that date that were not already sent to the War Claims Fund on that date, unless the Attorney General decides the money is tied up in a court case. The Attorney General may also pay $20,000 from such property to the Government of Switzerland under the March 12, 1980 agreement.

Title 50, §4336

War and National Defense, Source: USLM XML via OLRC

(a)Retention of properties or interests of Germany 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 chapter, 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 administration, liquidation, and disposition pursuant to the provisions of this chapter of any such property or interest therein shall be covered into the Treasury at the earliest practicable date. Nothing in this section shall be construed to repeal or otherwise affect the operation of the provisions 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 Attorney General

The Attorney General shall cover into the Treasury, to the credit of miscellaneous receipts, 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 before 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 the subject matter of any judicial action or proceeding.

(c)Ex gratia payment to Government of Switzerland

Notwithstanding any of the provisions of subsections (a) and (b) of this section, the Attorney General is authorized to pay from property vested in or transferred to the Attorney General under this chapter, the sum of $20,000 as an ex gratia payment to the Government of Switzerland in accordance with the terms of the agreement entered into by that Government and the Government of the United States on March 12, 1980.

Notes & Related Subsidiaries

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 Intercourse. 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 reclassification 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 organizations 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).

§4336 Retention of Properties or Interests of Germany and Japan and Their Nationals; Proceeds Covered Into Treasury; Ex Gratia Payment to Switzerland