ADMINISTRATION OF ALIEN PROPERTY MONDAY, JULY 1, 1946 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met at 10 a. m., pursuant to call, the Honorable James W. Huffman, presiding. Present: Senator Huffman. Senator HUFFMAN. The committee will be in order. This is a subcommittee hearing of the Committee on the Judiciary, on S. 2039 and S. 2378. Copies of the bills referred to will be included in the record at this point. (The bills are as follows:) [S. 2039, 79th Cong., 2d sess.] A BILL To amend section 32 (a) of the Trading With the Enemy Act of October 6, 1917, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That_(a) subdivision (C) of subsection (a) (2) of section 32 of the Trading With the Enemy Act of October 6, 1917, as amended (Public Law 322, Seventy-ninth Congress), is amended by inserting before the semicolon at the end of such subdivision the following: "or a person who was a victim of religious or racial persecution in the country of his origin or residence." (b) Subdivision (D) of such subsection is amended by inserting after the word "war" the following: "(other than a person who was a victim of religious or racial persecution in the country of his origin or residence).” [S. 2378, 79th Cong., 2d sess.] A BILL To amend the First War Powers Act, 1941 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the First War Powers Act, 1941 (55 Stat. 838), as amended, is hereby further amended by adding at the end of title III thereof the following: "SEC. 305. The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended, is hereby further amended by inserting after section 32 thereof, and before the section added by Public Law 382, Seventy-ninth Congress, the following sections: "SEC. 33. (a) A foreign country or national thereof as defined pursuant to section 5 (b) hereof may not institute, prosecute, or further maintain a suit pursuant to section 9 (a) hereof in respect of any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof: Provided, That neither the Philippine Government nor any Philippine national shall, solely by reason of being, or having at any time been, domiciled in or a citizen or resident of the Philippines, be deemed a foreign national for purposes of any such suit. (b) (1) Notwithstanding the provisions of section 7 (c) hereof, any person, other than a person who (A) would be barred by virtue of section 32 (a) (1) or (2) hereof from receiving a return of property; or 1 CONTENTS Statement of— Arnold, Elting, acting chief counsel, Foreign Funds Control, United Page Boskey, Bennett, adviser on enemy property problems, United States Carroll, Charles R., National Foreign Trade Council_. Connor, Richard J., representing Uebersee Finanz-Korporation, A.G.- 7,91 Isenbergh, M. S., special assistant to the Attorney General- 14, 98 Kulze, Richard, international-trade section, New York Board of Maurer, Ely, Acting Assistant Chief, Division of Economic Security Murphy, Charles E., international trade committee of Advertising Polier, Shad, member, national advisory board, American Jewish Schwieters, John, international section, New York Board of Trade___ Turlington, Edgar, international comparative law section, American Letter of Otto C. Sommerich, chairman, special committee on custody Memorandum of Claude M. Terrell, law firm of Willkie, Owen, Otis, Memorandum of associate general counsel, Office of Alien Property 34 36 100 102 104 106 108 Statement of George Eric Rosden, attorney at law, Washington, D. C. 87 63 ADMINISTRATION OF ALIEN PROPERTY MONDAY, JULY 1, 1946 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met at 10 a. m., pursuant to call, the Honorable James W. Huffman, presiding. Present: Senator Huffman. Senator HUFFMAN. The committee will be in order. This is a subcommittee hearing of the Committee on the Judiciary, on S. 2039 and S. 2378. Copies of the bills referred to will be included in the record at this point. (The bills are as follows:) [S. 2039, 79th Cong., 2d sess.] A BILL To amend section 32 (a) of the Trading With the Enemy Act of October 6, 1917, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That_(a) subdivision (C) of subsection (a) (2) of section 32 of the Trading With the Enemy Act of October 6, 1917, as amended (Public Law 322, Seventy-ninth Congress), is amended by inserting before the semicolon at the end of such subdivision the following: "or a person who was a victim of religious or racial persecution in the country of his origin or residence." (b) Subdivision (D) of such subsection is amended by inserting after the word "war" the following: "(other than a person who was a victim of religious or racial persecution in the country of his origin or residence)." [S. 2378, 79th Cong., 2d sess.] A BILL To amend the First War Powers Act, 1941 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the First War Powers Act, 1941 (55 Stat. 838), as amended, is hereby further amended by adding at the end of title III thereof the following: "SEC. 305. The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended, is hereby further amended by inserting after section 32 thereof, and before the section added by Public Law 382, Seventy-ninth Congress, the following sections: "SEC. 33. (a) A foreign country or national thereof as defined pursuant to section 5 (b) hereof may not institute, prosecute, or further maintain a suit pursuant to section 9 (a) hereof in respect of any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof: Provided, That neither the Philippine Government nor any Philippine national shall, solely by reason of being, or having at any time been, domiciled in or a citizen or resident of the Philippines, be deemed a foreign national for purposes of any such suit. (b) (1) Notwithstanding the provisions of section 7 (c) hereof, any person, other than a person who "(A) would be barred by virtue of section 32 (a) (1) or (2) hereof from receiving a return of property; or 1 |