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Title 50 — War and National Defense

Chapter 53 — Trading with the Enemy

§ 4336. Retention of properties or interests of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia payment to Switzerland

Statutory text

(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 , 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 , 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 .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Oct. 6, 1917, ch. 106, § 39, as added July 3, 1948, ch. 826, § 12, 62 Stat. 1246 · 62 Stat. 1246

    Enacted · 50 U.S.C. § 4336

    Oct. 6, 1917, ch. 106, § 39, as added July 3, 1948, ch. 826, § 12, 62 Stat. 1246

    Source evidence

    Code source credit
    Oct. 6, 1917, ch. 106, § 39, as added July 3, 1948, ch. 826, § 12, 62 Stat. 1246

  2. Pub. L. 85–884 · 72 Stat. 1708

    Added · 50 U.S.C. § 4336(c)

    Pub. L. 85–884 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–884 added subsec. (c).

  3. Pub. L. 87–846 § 204(c) · 76 Stat. 1107

    Changed · 50 U.S.C. § 4336(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Section 39 of such Act is amended by adding at the end of subsection 50 USC app. 39. (b) the following new sentence: “Immediately upon the enactment of this sentence, the Attorney General shall cover into the Treasury of the United States, for deposit into the War Claims Fund, from property vested in or transferred to him under this Act, the sum of $500,000 to make payments authorized under section 32(h) of this Act.” 50 USC app. 32.

  4. Pub. L. 87–846 § 202 · 76 Stat. 1107

    Added · 50 U.S.C. § 4336(d)

    Pub. L. 87–846, § 202, added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 87–846, § 202, added subsec. (d).

    Enacted provision · exact public law section
    Sec. 202. Section 39 of the Trading With the Enemy Act is 50 USC app. 39. amended by adding at the end thereof the following new subsection: “(d) The Attorney General is authorized and directed to cover into the Treasury from time to time for deposit in the War Claims Fund such sums from property vested in him or transferred to him under this Act as he shall determine in his discretion not to be required to fulfill obligations imposed under this Act or any other provision of law, and not to tie the subject matter of any judicial action or proceeding. There shall be deducted from each such deposit 5 per centum thereof for expenses incurred by the Foreign Claims Settlement Commission and by the Treasury department in the administration of title II of the War Claims Act of 1948. Such deductions shall be Ante, p. 1107. made before any payment is made pursuant to such title. All amounts so deducted shall lie covered into the Treasury to the credit of miscellaneous receipts.”

  5. Pub. L. 87–861 § 1 · 76 Stat. 1139

    Repealed · 50 U.S.C. § 4336(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

    Source evidence

    Code amendment note
    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.

  6. Pub. L. 89–619 · 80 Stat. 871

    Added · 50 U.S.C. § 4336(e)

    Pub. L. 89–619 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–619 added subsec. (e).

  7. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

    Pub. L. 99–93 title VIII § 803 · 99 Stat. 405

    Added · 50 U.S.C. § 4336(f)

    Pub. L. 99–93 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–93 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 803. EX GRATIA PAYMENT TO THE GOVERNMENT OF SWITZERLAND. Section 39 of the Trading With the Enemy Act (62 Stat. 1246; 50 U.S.C. App. 39) is amended by adding at the end thereof the following new subsection: “(f) Notwithstanding any of the provisions of subsections (a) through (d) of this section, the Attorney General is authorized to pay from property vested in or transferred to the Attorney General under this Act, 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.”.

  8. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title II § 2501(a) · 102 Stat. 1107

    1. Added · 50 U.S.C. § 4336(b)(f)

      Pub. L. 100–418 added subsec. (b)

    2. Redesignated · 50 U.S.C. § 4336(b)(f)

      Pub. L. 100–418 redesignated subsec. (f) as (c)

    3. Substituted · 50 U.S.C. § 4336(b)(f)

      Pub. L. 100–418 substituted “and (b)” for “through (d)”

    4. Struck · 50 U.S.C. § 4336(b)(f)

      Pub. L. 100–418 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Termination of Office of Alien Property.— (1) The Trading with the Enemy Act is amended by striking subsections (b) through (e) of section 39 (50 U.S.C. App. 39) and inserting the following new subsection: “(b) 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 Act— “(1) which the Attorney General receives after the date of the enactment of the Export Enhancement Act of 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.”. (2) Subsection (f) of such section is amended— (A) by striking “(f)” and inserting “(c)”; and (B) by striking “through (d)” and inserting “and (b)”.

7 of 11 references resolved to an enrolled provision · 4 partial

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.

Amendments1953–1988 · 6 rounds

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 , designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1917–1988 · 8 acts
  1. 1917Oct. 6, 1917, ch. 106, § 39, as added July 3, 1948, ch. 826, § 12, 62 Stat. 1246
  2. 1953amended Aug. 7, 1953, ch. 344, 67 Stat. 461
  3. 1958Pub. L. 85–884, , 72 Stat. 1708
  4. 1962Pub. L. 87–846, title II, §§ 202, 204(c), , 76 Stat. 1113, 1115
  5. 1962Pub. L. 87–861, § 1, , 76 Stat. 1139
  6. 1966Pub. L. 89–619, , 80 Stat. 871
  7. 1985Pub. L. 99–93, title VIII, § 803, , 99 Stat. 449
  8. 1988Pub. L. 100–418, title II, § 2501(a), , 102 Stat. 1370.
Show as published

(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, , 72 Stat. 1708; Pub. L. 87–846, title II, §§ 202, 204(c), , 76 Stat. 1113, 1115; Pub. L. 87–861, § 1, , 76 Stat. 1139; Pub. L. 89–619, , 80 Stat. 871; Pub. L. 99–93, title VIII, § 803, , 99 Stat. 449; Pub. L. 100–418, title II, § 2501(a), , 102 Stat. 1370.)

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USLM identifier /us/usc/t50/s4336