
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC1631f]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
             CHAPTER 21--SETTLEMENT OF INTERNATIONAL CLAIMS
 
  SUBCHAPTER II--VESTING AND LIQUIDATION OF BULGARIAN, HUNGARIAN, AND 
                            RUMANIAN PROPERTY
 
Sec. 1631f. Claims to vested property


(a) Action for return of property; jurisdiction; complaint; custody of 
        property until final determination

    Any person who has not filed a notice of claim under subsection (b) 
of this section may institute a suit in equity for the return of any 
property, or the net proceeds thereof, vested in a designee of the 
President pursuant to section 1631a(a) of this title and held by such 
designee. Such suit, to which said designee shall be made a party 
defendant, shall be instituted in the District Court of the United 
States for the District of Columbia or in the district court of the 
United States for the district in which the claimant resides, or, if a 
corporation, where it has its principal place of business, by the filing 
of a complaint which alleges--
        (1) that the claimant is a person other than Bulgaria, Hungary, 
    or Rumania, or a national thereof as defined in Executive Order 8389 
    of April 10, 1940, as amended; and
        (2) that the claimant was the owner of such property immediately 
    prior to its vesting, or is the successor in interest of such owner 
    by inheritance, devise, or bequest.

If the court finds in favor of the claimant, it shall order the payment, 
conveyance, transfer, assignment, or delivery to said claimant of such 
property, or the net proceeds thereof, held by said designee or the 
portion thereof to which the court shall determine said claimant is 
entitled. If suit shall be so instituted, then such property, or, if 
liquidated, the net proceeds thereof, shall be retained in the custody 
of said designee until any final judgment or decree which shall be 
entered in favor of the claimant shall be fully satisfied, or until 
final judgment or decree shall be entered against the claimant or suit 
otherwise terminated.

(b) Notice of claim; review of denial

    Any person who has not instituted a suit under the provisions of 
subsection (a) of this section may file a notice of claim under oath for 
the return of any property, or the net proceeds thereof, vested in a 
designee of the President pursuant to section 1631a(a) of this title and 
held by such designee. Such notice of claim shall be filed with said 
designee and in such form and containing such particulars as said 
designee shall require. Said designee may return any property so 
claimed, or the net proceeds thereof, whenever he shall determine--
        (1) that the claimant is a person other than Bulgaria, Hungary, 
    or Rumania, or a national thereof as defined in Executive Order 8389 
    of April 10, 1940, as amended; and
        (2) that the claimant was the owner of such property immediately 
    prior to its vesting, or is the successor in interest of such owner 
    by inheritance, devise, or bequest.

Any person whose claim is finally denied in whole or in part by said 
designee may obtain review of such denial by filing a petition therefor 
in the United States Court of Appeals for the District of Columbia 
Circuit. Such petition for review must be filed within sixty days after 
the date of mailing of the final order of denial by said designee and a 
copy shall forthwith be transmitted to the said designee by the clerk of 
the court. Within forty-five days after receipt of such petition for 
review, or within such further time as the court may grant for good 
cause shown, said designee shall file an answer thereto, and shall file 
with the court the record of the proceedings with respect to such claim, 
as provided in section 2112 of title 28. The court may enter judgment 
affirming the order of the designee; or, upon finding that such order is 
not in accordance with law or that any material findings upon which such 
order is based are unsupported by substantial evidence, may enter 
judgment modifying or setting aside the order in whole or in part, and 
(1) directing a return of all or part of the property claimed, or (2) 
remanding the claim for further administrative proceedings thereon. If a 
notice of claim is filed under this subsection, the property which is 
the subject of such claim, or, if liquidated, the net proceeds thereof, 
shall be retained in the custody of said designee until any final order 
of said designee or any final judgment or decree which shall be entered 
in favor of the claimant shall be fully satisfied, or until a final 
order of said designee or a final judgment or decree shall be entered 
against the claimant, or the claim or suit otherwise terminated.

(c) Exclusiveness of relief

    The sole relief and remedy of any person having any claim to any 
property vested pursuant to section 1631a(a) of this title, except a 
person claiming under section 1631o of this title, shall be that 
provided by the terms of subsection (a) or (b) of this section, and in 
the event of the liquidation by sale or otherwise of such property, 
shall be limited to and enforced against the net proceeds received 
therefrom and held by the designee of the President. The claim of any 
person based on his ownership of shares of stock or other proprietary 
interest in a corporation which was the owner of property at the date of 
vesting thereof under section 1631a(a) of this title shall be allowable 
under subsection (a) or (b) of this section if 25 per centum or more of 
the outstanding capital stock or other proprietary interest in the 
corporation was owned at such date by nationals of countries other than 
Bulgaria, Hungary, Rumania, Germany, or Japan. But no such claim of a 
national of a foreign country shall be satisfied except after 
certification by the Department of State that the country of the 
national accords protection to nationals of the United States in similar 
types of cases.

(d) Recovery for conservation, preservation or maintenance of property

    The designee of the President may retain or recover from any 
property, or the net proceeds thereof, returned pursuant to subsection 
(a) or (b) of this section an amount not exceeding that expended or 
incurred by him for the conservation, preservation, or maintenance of 
such property or proceeds.

(Mar. 10, 1950, ch. 54, title II, Sec. 207, as added Aug. 9, 1955, ch. 
645, Sec. 3, 69 Stat. 564; amended Pub. L. 85-791, Sec. 33, Aug. 28, 
1958, 72 Stat. 951; Pub. L. 90-421, Sec. 1(6), July 24, 1968, 82 Stat. 
421.)

                       References in Text

    Executive Order 8389 of April 10, 1940, referred to in subsecs. 
(a)(1) and (b)(1), is Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R. 1400, 
which is set out under section 95a of Title 12, Banks and Banking.


                               Amendments

    1968--Subsec. (c). Pub. L. 90-421 inserted ``, except a person 
claiming under section 1631o of this title,'' after ``pursuant to 
section 1631a(a) of this title''.
    1958--Subsec. (b). Pub. L. 85-791, in fifth sentence, substituted 
``shall forthwith be transmitted to the said designee by the clerk of 
the court'' for ``must be served on the said designee'', and in sixth 
sentence, substituted ``receipt'' for ``service'' and substituted ``file 
with the court the record of the proceedings with respect to such claim, 
as provided in section 2112 of title 28'' for ``certify and file with 
the court a transcript of the entire record of the proceedings with 
respect to such claim''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1631a, 1631h, 1631i, 1631k, 
1631l, 1631o of this title.
