79TH CONG., 2D SESS.-CH. 83-MAR. 8 , 1946 Custodian, or is the legal representative (whether or not appointed by a court in the United States), or successor in inter- est by inheritance, devise, bequest, or operation of law, of such owner; and "'(2) that such owner, and legal representative or successor in interest, if any, are not- "'(A) the government of a nation with which the United States has at any time since December 7,1941, been at war; or "'(B) a corporation or association organized under the laws of such nation: Provided, That any property or inter- est or proceeds which, but for the provisions of this subdivi- sion (B), might be returned under this section to any such corporation or association, may be returned to the owner or owners of all the stock of such corporation or of all the proprietary and beneficial interest in such association, if their ownership of such stock or proprietary and beneficial interest existed immediately prior to vesting in or transfer to the Alien Property Custodian and continuously thereafter to the date of such return (without regard to purported divestments or limitations of such ownership by any govern- ment referred to in subdivision (A) hereof) and if such ownership was by one or more citizens of the United States or by one or more corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: Providedfurther, That such owner or owners shall succeed to those obligations, limited in aggregate amount to the value of such property or interest or proceeds, which are lawfully assertible against the corporation or association by persons not ineligible to receive a return under this section; or "'(C) an individual voluntarily resident at any time since December 7, 1941, within the territory of such nation, other than a citizen of the United States or a diplomatic or con- sular officer of a nation with which the United States has not at any time since December 7, 1941, been at war; or "'(D) an individual who was at any time after December 7, 1941, a citizen or subject of a nation with which the United States has at any time since December 7, 1941, been at war, and who on or after December 7, 1941, and prior to the date of the enactment of this section, was present (other than in the service of the United States) in the territory of such nation or in any territory occupied by the military or naval forces thereof or engaged in any business in any such territory; or "'(E) a foreign corporation or association which at any time after December 7, 1941, was controlled or 50 per centum or more of the stock of which was owned by any person or persons ineligible to receive a return under subdivisions (A), (B), (C), or (D) hereof: Provided, That notwith- standing the provisions of this subdivision (E), return may be made to a corporation or association so controlled or owned, if such corporation or association was organized under the laws of a nation any of whose territory was occu- pied by the military or naval forces of any nation with which the United States has at any time since December 7, 1941, been at war, and if such control or ownership arose Enemy govern- ment. Corporation, etc., organized under laws of enemy nation. Person voluntarily resident in enemy ter- ritory. Post, p. 930. Citizen or subject of enemy nation. Post, p. 930. Foreign corpora- tion, etc., controlled by ineligible persons. 51 60 STAT.]
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