22 U.S.C. § 1631a

Property owned by Bulgaria, Hungary, and Rumania or any national thereof

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(a) Vesting of property; liquidation; disposition of net proceeds

In accordance with article 25 of the treaty of peace with Bulgaria, article 29 of the treaty of peace with Hungary, and article 27 of the treaty of peace with Rumania, any property which was blocked in accordance with Executive Order 8389 of April 10, 1940, as amended, and remains blocked on August 9, 1955, and which, as of September 15, 1947, was owned directly or indirectly by Bulgaria, Hungary, and Rumania or by any national thereof as defined in such Executive order, shall vest in such officer or agency as the President may from time to time designate and shall vest when, as, and upon such terms as the President or his designee shall direct. Such property shall be sold or otherwise liquidated as expeditiously as possible after vesting under such rules and regulations as the President or his designee may prescribe. The net proceeds remaining upon completion of the administration and liquidation thereof, including the adjudication of any suits or claims with respect thereto under sections 1631f and 1631g of this title, shall be covered into the Treasury. Notwithstanding the preceding provisions of this subsection, any such property determined by the President or his designee to be owned directly by a natural person shall not be vested under this subsection but shall remain blocked subject to release when, as, and upon such terms as the President or his designee may prescribe. If, at any time within one year from the date of the vesting of any property under this subsection, the President or his designee shall determine that it was directly owned at the date of vesting by a natural person, then the President or his designee shall divest such property and restore it to its blocked status prior to vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe, or if such property has been liquidated, shall divest the net proceeds thereof and carry them in blocked accounts with the Treasury, bearing no interest, in the name of the owner thereof at the date of vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe.

(b) Net proceeds of property vested in Alien Property Custodian or Attorney General

The net proceeds of any property which was vested in the Alien Property Custodian or the Attorney General after December 17, 1941, pursuant to the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], and which at the date of vesting was owned directly or indirectly by Bulgaria, Hungary, or Rumania, or any national thereof, shall after completion of the administration, liquidation, and disposition of such property pursuant to such Act, including the adjudication of any suits or claims with respect thereto under such Act, be covered into the Treasury, except that the net proceeds of any such property which the President or his designee shall determine was directly owned by a natural person at the date of vesting shall be divested by the President or such officer or agency as he may designate and carried in blocked accounts with the Treasury, bearing no interest, in the name of the owner thereof at the date of vesting, subject to release when, as, and upon such terms as the President or his designee may prescribe.

The determination under this section that any vested property was not directly owned by a natural person at the date of vesting shall be within the sole discretion of the President or his designee and shall not be subject to review by any court.

(d) Furnishing of information; production of books and records

The President or his designee may require any person to furnish, in the form of reports or otherwise, complete information, including information with regard to past transactions, relative to any property blocked under Executive Order 8389 of April 10, 1940, as amended, or as may be otherwise necessary to enforce the provisions of this section; and the President or his designee may require of any person the production of any books of account, records, contracts, letters, memoranda, or other papers relative to such property or as may be otherwise necessary to enforce the provisions of this section.

(Mar. 10, 1950, ch. 54, title II, § 202, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 562.)Editorial NotesReferences in Text

Executive Order 8389 of April 10, 1940, referred to in subsecs. (a) and (d), is Ex. Ord. 8389, Apr. 10, 1940, 5 F.R. 1400, which is set out under section 4305 of Title 50, War and National Defense.

The Trading With the Enemy Act, as amended, and such Act, referred to in subsec. (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Executive DocumentsExecutive Order No. 10644

Ex. Ord. No. 10644, Nov. 8, 1955, 20 F.R. 8363, as amended by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, which designated the Attorney General to perform functions of the President under this subchapter and the Secretary of the Treasury to perform functions under this section with respect to the release of blocked property and accounts, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

Notes of Decisions

Cited in 10 cases, 1958–2018 · leading case: Intl. Refugee Assistance v. Donald J. Trump, 883 F.3d 233 (4th Cir. 2018).

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Intl. Refugee Assistance v. Donald J. Trump, 883 F.3d 233 (4th Cir. 2018). · cites it 2× “§ 485 (f)(1), (g)(1) (“at the sole discretion of the President”); 22 U.S.C. § 1631a(c) (“within the sole discretion of the President”).”

Juan Rigores Sardino v. The Fed. Reserve Bank of New York & the Sec'y of the Treasury of the United States, 361 F.2d 106 (2d Cir. 1966). “22 U.S.C. §§ 1631a, 1641a. While these had been enemy countries, it is not clear that this was crucial.”

Ghitescu v. United States, 201 Ct. Cl. 823 (Ct. Cl. 1973). · cites it 4× “Section 202(a) (22 U.S.C. § 1631a(a) (1970)) provided: “* * * any property which was blocked in accordance with Executive Order 8389 of April 10, 1940, as amended, and remains blocked on August 9,1955, and which, as of September 1,5, 1947, was owned directly or indirectly by * *…”

Nielsen v. Sec'y of the Treasury, 424 F.2d 833 (D.C. Cir. 1970). “Different statutory-authority has been provided for the vesting of blocked property of Bulgaria, Hungary and Rumania, and nationals thereof, see 22 U.S.C. § 1631a, and for the vesting of the proceeds of the blocked Czechoslovakian steel mill equipment, see 22 U.”

Elizabeth Lilly Schrager-Singer v. Attorney Gen. of United States, 271 F.2d 841 (D.C. Cir. 1959). · cites it 2× “8363, November 9, 1955), 22 U.S.C.A. § 1631a note, the President designated the Attorney General and any Assistant Attorney General named by him to perform the functions imposed upon the President by the Act.”

Chem. Bank New York Trust Co. v. Kennedy, 199 F. Supp. 256 (D.D.C. 1961). “Certain property of the National Bank of Hungary was sequestered by the Attorney General on May 28, 1956, pursuant to the provisions of the above-mentioned statute, 22 U.S.C.A. § 1631a. In brief, this provision of law authorized the seizure of any property belonging to Bulgaria,…”

Intl. Refugee Assistance v. Donald J. Trump (4th Cir. 2018). “§ 485 (f)(1), (g)(1) (“at the sole discretion of the President”); 22 U.S.C. § 1631a(c) (“within the sole discretion of the President”).”

Robert F. Kennedy, Attorney Gen. of the United States v. Chem. Bank New York Trust Co., 319 F.2d 720 (D.C. Cir. 1963). “562 , 22 U.S.C. § 1631a et seq. On May 28, 1956, the Attorney General, acting under the authority of Executive Order No.”

Brownell v. New York Trust Co., 159 F. Supp. 95 (S.D.N.Y. 1958). · cites it 2× “On February 7, 1957, the plaintiff revoked the license previously issued and pursuant to Section 202 (22 U.S.C.A. § 1631a) vested the account in question.”

Avramova v. United States, 354 F. Supp. 420 (S.D.N.Y. 1973). “Funds to compensate these claimants were derived from the liquidation of blocked assets in the United States belonging to the governments of Bulgaria, Hungary and Rumania and their nationals and sold pursuant to 22 U.S.C. § 1631a. Title III of the Act as amended dealt…”

— 22 U.S.C. § 1631a(a) — 2 cases

Ghitescu v. United States, 201 Ct. Cl. 823 (Ct. Cl. 1973). “Section 202(a) (22 U.S.C. § 1631a(a) (1970)) provided: “* * * any property which was blocked in accordance with Executive Order 8389 of April 10, 1940, as amended, and remains blocked on August 9,1955, and which, as of September 1,5, 1947, was owned directly or indirectly by * *…”

Elizabeth Lilly Schrager-Singer v. Attorney Gen. of United States, 271 F.2d 841 (D.C. Cir. 1959). “8363, November 9, 1955), 22 U.S.C.A. § 1631a note, the President designated the Attorney General and any Assistant Attorney General named by him to perform the functions imposed upon the President by the Act.”

— 22 U.S.C. § 1631a(c) — 3 cases

Intl. Refugee Assistance v. Donald J. Trump, 883 F.3d 233 (4th Cir. 2018). “§ 485 (f)(1), (g)(1) (“at the sole discretion of the President”); 22 U.S.C. § 1631a(c) (“within the sole discretion of the President”).”

— 22 U.S.C. § 1631a(e) — 1 case

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