Page:United States Statutes at Large Volume 61 Part 4.djvu/654

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INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. Government of Italy regarding Italian assets in the United States of Ante, p. 388 . America and certain claims of United States nationals", signed this date. Questions have been raised by you concerning: (1) the scope of paragraph (a) (ii) of Annex I to the memorandum Ante, p. 3991. referred to above; Ante, p. 3992. Ante, p. 3991. 60 Stat. 925. O5U. S. C. app. II 34, 620. 50U. s.c. I191- 194;18U.S.C. *502. Ante, p. 3992. Alt, p. 3988 . (2) the meaning of the final (unnumbered) paragraph of Annex I; and (3) whether, with respect to the revocable, royalty-free, non- exclusive licenses granted by the United States of America, the Government of the United States of America will object if, after the return of such properties, the owners may negotiate with the licensees with a view to altering the terms of the licenses granted to them by the Government of the United States of America. I am in receipt of the following letter from Mr. David L. Bazelon, Assistant Attorney General, Director of Alien Property, dated August 12, 1947: "My advisors have informed me that during the July 2, 1947 conference on the documents implementing and/or supplementing the Treaty of Peace with Italy, members of the Italian delegation raised several questions regarding the meaning and scope of certain sections of Annex I of the Memorandum of Understanding between the Government of the United States of America and the Govern- ment of Italy regarding Italian assets in the United States and certain claims of United States nationals. Since the questions raised relate to vested property, representatives of the Department of State have asked for my comments and observations. "The members of the Italian delegation have inquired as to the scope of paragraph (a) (2) of Annex I mentioned above. The paragraph under reference provides that the United States does not intend to assume any obligation to make returns to any person, firm, or organization convicted of violation of any of the statutes set forth in Section 34 (a) of the Trading with the Enemy Act, as amended. The statutes (Title II and III of the Act of June 15, 1917, 40 Stat. 217, 220, 221, as amended) prohibiting commission of injury to vessels on the high seas or within the jurisdiction of the United States are not among the statutes enumerated in Section 34 (a) of the Trading with the Enemy Act, as amended. Hence, acts of sabotage committed on Italian vessels which were subsequently vested by the United States Alien Property Custodian will not in themselves be grounds for refusal to return the interest acquired in such vessels by vesting action. "The members of the Italian delegation have also raised questions with respect to the meaning of the final (unnumbered) paragraph of Annex I. The paragraph under reference provides that the United States intends to return, pursuant to the provisions of Article I, paragraph 1 (a) of the Memorandum of Understanding mentioned above, literary, artistic or industrial property vested 4002