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Military government weekly information bulletin
No. 35 (April 1946)
General, pp. 11-16
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Page 11
enera( IS LAW NO. 52 EFFECTIVE? HERE IS MO'S ANSWER TO THE OUESTION Some faulty intrepretations of Military Government Law No. 52 indicates that the full force of its intent, might fail to accomplish 'the object iof its implemen- tation. To illustrate this point, the follow- ing extract of a letter from a Landkreis detachment is quoted: ".... In the course of seven months experience with property control and finance, this office has come to the conclusion that Law No. 5 2 is merely a temporary expedient measure and in no way tends to prevent former active National Socialists and Mili- tarists from regaining strength and reaccumulating wealth on a long-range basis, thereby reestablishing themselves in positions of influence and power. The loopholes contained in Law No. 5 2, which will allow for the above conditions, are seen as follows: "There is nothing in Law No. 52, for instance, which prevents a parent, who retained his property on the basis of political cleanliness, from willing his estate to a descendant or other person who was an active Nazi of the type whose property would normally come under property control. Also, should a parent pass away without leaving a will, his Nazi heir, if this be the case, would, according to German law, automatically inherit the parent's estate. "Regarding persons with blocked accounts, there are no provisions prohibiting such people from receiving debts owed to them prior to the time their accounts were blocked. In this area there are instances where just this took place. In many cases the debts collected amounted to many thousands of marks. "If certain of the above mentioned conditions and circumventions of Law No. 52 exist at the present time, what will occur in the future when Military Government has in part or completely relinquished control?" For the information and guidance of Military Government field agencies ex- tract of reply by the Office of Military Government (US Zone) to the above letter is printed below: In your paragraph 2 you have. claimed in effect that the law has no lasting ef- fect. Military Government Law No. 52 is an expeditious method of blocking (freezing). the property of all persons coming within its provisions, even though it is of a temporary character. By its very terms it applies not only to property in possession of the individual at the time the blocking becomes effective, but also to all property which may be acquired by the individual at a later date. Property so blocked is held within the custody of, or is operated by, Military Government; but the policy for the ultimate disposition of such property still remains undeter- mined. Your prophesy, that under a long- range control of property the blocked owner occupies a position enabling him to accumulate wealth and thereby regain the "strength" which was intended to be denied him, cannot be supported by any of the provisions of Military Government La'w No. 52 or the policies which are now in force to implement its provisions. Let us AIssume that either one or both situations stated in your paragraph 4 should come into actual existence. Under such conditions the property acquired by the beneficiary of the will of the owner, or as the heir-at-law of the 'owner, would be blocked a'nd controlled under Law No. 52 in the same manner as any other pro.- perty subject to its provisions. The title of, 'or interests in, property acquired in ;Jis manner are not excepted from the provisions of Law No. 52. Inyourparagraph 5 you have suggested a situation in which a blocked owner receives money due atid owing to him. This ,situation is not prohibited under the provisions of Law No. 52 but, immediately upon the a~cquisition of any such funds or property, the latter become blocked by La'w No. 52. In fact, Article II provides for the expressed prohibition forbidding a~ny of the persons enumerated in Article I from alcquiring or receiving, dealing in,- etc., any property referred to in Article I. Should an individual's property be blocked 11
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