Page 65

PROP>ERTY CONTROL
B
ANNWE It
ULITANYGOVERNMENT - GERMANY
UNTE      STAM      ZONE
LAW NO. 52
Amed (M)
Blockingand Control of Property
ARTCLEX I
CATEGORIES OF PROPET
1. Anl prop   y within the occupied territory owned or con-
trolled, directly or Indirectly, In whole or in part, by any of the
SoUwln is hereby declared to be subject to seizure of possession
or title- direion, management, supervision or otherwise being
taken ito control by Military Governmbit: -
(a) Tbe German Reich, or any of the Lander, Gaue, or Prov-
Incae, or other similar political subdivisions or any agency
or Instrumentality thereof, including all utilities, under-
n, public corporations or monopolies under the con-
to o any of the above;
(b) Government, nationals or residents of nations, other than
Germany which have been at war with any of the Unied
Natoam at ay time since September 1, 1939, and joveenments,
natlonis or residents of territories which have been occupied
sinc th  date by snch nations or by Germany:
() The NSDAP, all offices, departments, agencies and ori
(c) dons forming  part  ofattached  to, or  conroled  by  i.;  thir
ofe and sch- of their lendig members or supprters as
may be speified by Military Government;
(d) AU persons white held under detention or any other type o
cusody by Military Government;1
(0) AU o         n   clubs or other asctns pobite or
dsolved by Mitry Government;
(I) Abtwee owners of non-Germ'n Natonality, Including Unitd
Nafle   and nedurl governments, and   Oermans outside of
Germany;5I
(g) All otherperso    pecifed by  Mltary Government by In-
elusion In li  or oth   e.
I1    S  smeaid at of  5 April  136  hanged  original text.  Ot an
%Mt read:
"(b) Goytenmanin, inatonals or residents of other nations. including
those of terstorie occupied by them  at war with an of the united
Natiosm at ay tm  dal  1 September 133;
(d) "h  IMD, au office  department  agencies and organisations
orming par oS it, attched to, or controlled by Its officials and such
of ike leading members or supporters specified by Military Government
(:d All peon hld und1r detention or any tp of custody by WI-
Diar Government
UsWr amendment above became effective 14 July IN. Thts is tiha
eond amendent for thi sub-pagaph. The firet by aliW, s Apri
136 changed the wording of subpar ( fo  "Absent owner, including
United Nations governments and nationals.thereof;" -to 'Owners absent
frmth do   ufpre  Commanders Area of Control and National and
GovnmetsoS United Nations and Neutral Nations". Ed
2. Property which has been the subject of tranfer under duress,
wrongful  cis of confiscation, dispossession or spoilation whether
pursuad  _o kfslin oo by procedures purporting to follow forms
of law or otherwise, is hereby declared to be equally subject to seizure
of possession or Utle, dircition, management, supervisionjr otherwise
bein( taken into control by Military Government.3
ARILE II
PROhIBITED TRANSACTIONS
3 Except as hereinafter provided, or when licensed or other-
wise authorized or directed by Military Government, no person
shall import acquire or receive, deal in, sell, lease, transer, ex-
port, hypothecate or otherwise dispose of, destroy or surrender
possession, custody or control of any property: -
(a) Enumerated in Article I hereof:
(b) Owned or controlled by any Krels municipality, or other
similar political subdivision'
(c) Owned or controlled by any institution dedicated to public
worsbip, charity, education, the arts and sciences;
(d) Which is a work of art or cultural material of value or im-
portance, regardless of the ownership or-control thereof.
ARTCLZ m
RESPONSIBILITIES FOR PROPERTY
4. AR custodlans curators, officials, or other persons having
possession, custodyor control of property enumerated in Articles
I or II hereof are required: -
(a)  (I) To hold the same, subject to the directions of the Military
Government and, pending such direction, not to transfer,
deliver or otherwise dispose of the same;
CmI) To prserve, maintain and safeguard, and not to cause or
permit any action which will impair the value or utility
of such property;
(III) To maintain accurate records and accounts with respect
thereto4 and the income thereof.
(b) When and as directed by Military Government: -
(I) T$ file reports furnishing such data as may be required
with repect to such property and all receipts and ex-
penditures received or made in connection therewith;
(TI) To' transfer and deliver custody, possession or control of
such property and all books, records and accounts relating
thereto; and
(II) To account for the property and all income and products
thereof
.- No person shall do, cause or permit to be done any act of
onmisslon or omission which results in damage to or conceal-
ment of any of the properties covered by this law.
5 Amended effective 14 July 16. Original text read "2. Property which
ha been subject of duress. wrongful ects of confiscation, dMspo on
or apcrtlon from terrrtorles outside GERMANY, whether pursuant to
legalatlon or by procedures purporting to follow forms of law or other-
wle is therebyr declared to be equally subject to seizure of possession or
tite, direction, mangement, uervion or otherwise being taken into
co ntro l by  Ifliltary  Governm ent.' e d.
4 Orlsl text read "therenf'. Ed.
& Adde by SHAZ? amendment of 1 April 196. Ed.
ARTICLE IV
OPERATION OF BUSINESSS NTERPRSS AND
GOVERNMENT PROPERITY
6. Unless otherwise directed and subject to such further limita-
tion as may be imposed by Mlitary Government:
(a) Any business enterprise subject to control under this law
may engage In all transactions ordiuiarily  ncidental to the
normal conduct of its business acti'ities- within occuoted
Germany provided that such business enterprise shall not
engage in any transaction which, directly or indietly, sub-
stantially diminishes or imperils the assets of such eter-
prise or otherwfse prejudicially affects its financial -position
Pand provided   further that this does not authorize aan
transaction which is- prohibited for any reason other than
the issuance of this law,,_
(b) Property describqd In Article I, 1 (a) shall be used for its
normal puoe except as otherwise prohibited        by  M    ry
CGovernmeni.5
ARLTICLE V
VOID TRANSACTIONS
7. Any prohibited   transaction effected  without a duly issued
license or authorization- from  Military Government, and any trang-
fer, contract or other arrangements made, whether efore or after as
effecive dale of this law, with the intent to defeat or- evade ths law
or the powers or objects of Military Government or the restitution of
any property to its rightful owner, is null and void.
ARTICL VIn
CONFLICTING LAWS
&  In ease of any inonsistency between     is law or any order
made under It and any German law the former prevail. ll German
laws, decrees and regulations providing for the seizare, -confiscaton
or forced purchase of property eunmerated in Articls I or 11 hereof,
are hereby suspended
ARM=CL VI
DEFNITIO1S
9. For the purpose of this law:
(a) "Person" shall mean any natural person, collective persn ad
any junistic person unr  public or private law, and any govern
ment Incldue; alU politcal sub-divisions, public cororatios,
agencies and mnstramentailties thereof;
(b) $Business Enterprise" shall mean any person as above defined
engaged in commercal, business or public wefare activitis.:
(c)  aPropty shall mea    all movable and immovable property   d
allrights and itersts in or claims to such proporty whether
present or fr, n       s       inclde, bd s  Jhat be. Hlmted
to, land and buings, money, stcsshares, pat           tghis or
licenses thereunder, or other evideices of ownershp, C    bonds,
banh balances, cam, obgations and -other' evideest of in-
debtedness, and works of art and other cultural materaLs ;
(d) A "National" of a st       or government s     mean a  ubjet,
citizen or partnership and any corporation or other Jaristic
perso  existing under the laws of, or havun  a principal offIce
in the territory of, sch stale or government; -
S-    MF amendment of 5 Api 4W added thi clawe.     L.
(e) -GERtMANY" Sh            the w  amsot            "Deatche,
Reich" us i *exsted on 31 Decmber iS.e
ARTICLE VM
PENALTIES-
10. Any person violating any of the     provisAons of   thI low
shall, upon conviction by a Military Governie        Cout be liable
to any lawful, pnsm      tIncluding death, the Count may deter-
mine.
AICL= IX
EFTECTIVE DATE
11. This law sal beom       effective uo    the date of Its irAst
promulgatioLn
By ORDR OF IT                   O            .
SH5AM amnmen        of 3 April 156 chand original lext. Origasi
*Qt road
"IT. Any-prohlle tranIei    withous a d*lyIssued liann  or *uho .
rfsation fromMlitry Goverment end any tranfer, contraet uaragement
ae, whethw befoer ar         th* data OS ttl, witw thl    latent to
daeat or evade the power   or objeta of Military Goverument rt the
restitltion of ay property to ts rigtful oWnr, a null sad vow
0, la ea    of Any 0n1n41Pa  betwee  this law and any order maaA
under It end any Germn= law     former prevais  Al laws, dee      en
regations providin  for the seizure, confisaton or orce'purebsee of
property enumeratd In Artioe I and -I  o       a       by the mintary
Government are herey suspnded.
S. For the lpurpaoeefO this Law, the following terms are dedeed as
(a) 'eon" shal mea      and lnCiude any naftua  -p  n   cectIve
peos and any entity under public or p   ata law   vias legl capaclty
to acquir  occupy, contrl or dispose oS property or Inters thrin;
(it) "Busdaee Ete~rprs" sh  allmea  any hidluiwdua  pahtierabtp,
ema-
eation, corporation or other organistion engaged In comAmercal or otr
businees or puble WeLiug fativiUs;
(c) "Froperty- shal mean end Include al  Movab sad i
property and al lal, equitable or economIC right and intes    In or
elaima to snu  propty whether present or futre, and sa  laid      hut
shl not b& limted to, land en  builings, money, eees,   uhres patent
igt* or licensee theretnder, or Other evidences of ownsthf  ad bonds,
bank balances calas, obligations end ote   evldan"ej Sldhee
and works Of art and other -cutus   obtjec':
(4d A "Nationl" of a ate or government Dsa   mean and bltifd  
a
subject or citize end an -preahIp. cotporatie6 or other Juridical
peson mdating under the laws of, or havin   a principaofe       tie
territory of. such state or government;
(a) -RMANY"       shl   mean    th   area _enattUt      "Des beutach
Reich" " on 51 December 131." Md
AJtJt, 1949   -
- 65 -
qA