(Partial Amendments to the Cabinet Order concerning Restoration, Etc. of United Nations Property)
Article 1. The Cabinet Order concerning Restoration, Etc. of United Nations Property (Cabinet Order No.6 of 1951) shall be partially amended as follows:
In the Contents, "Articles 3-12" shall be amended as "Articles 3-11" , "Articles 12-(2)-18" shall be amended as "Articles 12-18" , and "Articles 26-34" shall be amended as "Articles 25-(2)-34" .
In Article 1, "pursuant to demand of the Supreme Commander for the Allied Powers" shall be amended as "pursuant to provisions of Articles 15 and 17 of the Treaty of Peace with Japan" .
Each item of Article 2 paragraph 2 shall be amended as follows:
(1) United Nations as provided for in Article 25 of the Treaty of Peace with Japan (hereinafter referred to as "United Nations" );
(2) Public corporations of United Nations and other bodies similar thereto in the nature;
(3) Individuals who have nationality of United Nations;
(4) Juridical persons or other entities established under the laws and/or orders of any of United Nations;
(5) Besides such as prescribed in the preceding item, profit-making juridical persons or other entities whose shares of stock or share in business (excluding shares of stock or share in business possessed by the officers of the juridical persons or other entities, in computation of those prescribed in any of the preceding items or this item) are all possessed by those mentioned in any of the preceding items or this item, or nonprofit-making juridical persons or other entities controlled by those mentioned in any of the preceding items or this item.
Each item of Article 2 paragraph 3 shall be amended as follows:
(1) Property which was, at the time when an enemy property custodian provided for in Article 4 paragraph 1 of the abrogated Ordinance for Enforcement of the Enemy Property Custody Law (Imperial Ordinance No.1179 of 1941)(hereinafter referred to as "Former Enemy Property Custodian" ) was appointed, put under his custody (excluding such property of which a decision of capture was made by a Prize Court or Higher Prize Court established under the abrogated Capture Reinvestigation Ordinance (Imperial Ordinance No.149 of 1894)(hereinafter referred to as "property under decision of capture" )) and which was, at that time of custody owned by those who were, at that time United Nations Nationals, etc.(meaning those coming under the items of the preceding paragraph, when "United Nations as provided for in Article 25 of the Treaty of Peace with Japan" in item (1) of the same paragraph reads "The signatories to the Treaty of Peace with Japan and countries provided for in Article 26 of the same Treaty (excluding Japan)" ;hereinafter the same.);
(2) Among the natural fruits produced from the property prescribed in the preceding item other than foreign currency bonds converted in accordance with the provision of Article 2 paragraph 1 of the abrogated Law relating to the Treatment of the Foreign Currency Bonds (Law No.60 of 1943)(hereinafter referred to as "the item 1 property" in this item) or the property acquired due to the item 1 property, property which was produced or acquired after the time when the item 1 property concerned was put under the custody of an enemy property custodian, and which, when it was produced or acquired, was acquired by a person who owned the item 1 property concerned at that time (including those who have acquired the said item 1 property in the cases where the item 1 property has been transferred after the said time only through universal succession);
(3) Natural fruits produced from the property prescribed in the preceding item (hereinafter referred to as "the item 2 property" in this item) or property acquired due to the item 2 property, which a person who acquired the said item 2 property when the said item 2 property was produced or acquired (including those who have acquired the said item 2 property in the cases where the said item 2 property has been transferred only through universal succession) acquired when it was produced or acquired (including what is meant by the present item in the cases where "property prescribed in the preceding item" or "the item 2 property" in the present item reads "property prescribed in the present item" or "the present item property" );
(4) Property under decision of capture of which ownership was restored to United Nations nationals in accordance with the provisions of the Law for Review of Decisions of Prize Courts (Law No.70 of 1952) and which is specified by the competent Minister;
(5) Besides such as prescribed in items (1) to (3) inclusive and property under decision of capture, property which was located in this country at any time during the period from December 8, 1941, till September 2, 1945, and which was recognized by the competent Minister as having been infringed due to wrongful treatment of the Japanese Government or Japanese nationals during the same period in response to the request for recognition under the provision of Article 12 paragraph 2, and which was owned at the time of infringement by a person who was a United Nations national at that time, and which is specified by the competent Minister;
(6) Deposit in the Special Property Administration Account in the Bank of Japan.
In Article 2 paragraph 4 item (1), "to restoree" shall be deleted;item (2), item (5) and item (8) of the same paragraph shall be deleted;in item (7) of the same paragraph, "and property of which a notification under the provision of Article 12-(2) paragraph 5, Article 17 paragraph 3 or Article 17-(2) was made" shall be added next to "Article 16 paragraph 1" and the same item shall be made item (2) of the same paragraph;item (3) of the same paragraph shall be made item (9) of the same paragraph;and in item (4) of the same paragraph "Article 20 paragraph 2 (including the case where the said provision applies mutatis mutandis in Article 20-(2) paragraph 12 or Article 32 paragraph 4 of the same Order)" shall be amended as "Article 18 paragraph 4, Article 19 paragraph 1, or Article 32 paragraph 3" , and "or notification under the provision of Article 32 paragraph 5 of the same Order" shall be added next to "a notice" , and the same item shall be made item (3) of the same paragraph;item (6) of the same paragraph shall be made item (11) of the same paragraph;and the following five items shall be added as item (4) to item (8) inclusive to the same paragraph:
(4) Among property which was put under the custody of a former enemy property custodian when he was appointed and was owned by a profit-making juridical person coming under the provision of paragraph 2 item (5) in the case where "United Nations as provided for in Article 25 of the Treaty of Peace with Japan" in paragraph 2 item (1) is replaced by "the signatories to the Treaty of Peace with Japan and countries prescribed in Article 26 of the same Treaty (excluding Japan)" (hereinafter referred to as "juridical person controlled by United Nations, etc." ) when it was put under the custody, and among property prescribed in item (2) or (3) of ihe preceding paragraph which was acquired by a juridical person controlled by United Nations, etc. when it was produced or acquired the property which was owned by the said juridical person when United Nations nationals, etc. came to control the management of the said juridical person because the shares of stock or shares in business of the said juridical person were restored or returned in accordance with the provisions of Article 18 paragraph 4, Article 19 paragraph 1, Article 20-(2) paragraph 5 or 6, or Article 32 paragraph 3 of the Cabinet Order concerning Restoration of United Nation's Shares, or the provisions of Article 13 paragraph 1 item (1) or (5), or paragraph 4 of the same Article;
(5) Among cash which constitutes the property prescribed in items (1) to (3) inclusive of the preceding paragraph, such cash as is not under custody of a custodian appointed in accordance with the provisions of Article 8 paragraph 1, or as has been paid into the Special Property Administration Account in the Bank of Japan;
(6) Claim to repayment of the fund in the Special Property Administration Account in the Bank of Japan;
(7) Foreign currency bonds and coupons thereof which have been revalidated in connection with payment of principal and interest in accordance with the provisions of Article 3 paragraph 1 or Article 4 of the Law concerning Revalidation of Certain Categories of Certificates of Foreign Currency Bonds Converted under the Old Law Relating to the Treatment of the Foreign Currency Bonds and Other Incidental Matters (Law No.289 of 1951);
(8) Land, building or other structures attached to the said land, or right to these things other than ownership which are being used by such business of public interest as authorized to expropriate land, etc. in accordance with the Land Expropriation Law (Law No.219 of 1951) or other laws, and which are specified by the competent Minister.
Article 2 paragraph 5 shall be amended as follows:
5 In applying the provisions of paragraph 3 items (1) to (3) inclusive and item (5), the property described in these items which have lapsed on account of completion of prescription, passage of period during which the rights can be exercised, renouncement of rights or merger and were located in Japan when they lapsed shall be considered not to lapse and to be located in Japan. The foreign currency bonds which are property mentioned in there items and were converted in accordance with the provisions of Article 2 paragraph 1 of the abrogated Law relating to the Treatment of the Foreign Currency Bonds and with regard to which certificates, perforation, cancellation of what was written in the certificates and other actions to make the certificates null, were effected upon the conversion shall be considered not to lapse and to be located in Japan.
In Article 2 paragraph 6, "item (8)" shall be amended as "item (4) or (5)" ;and paragraph 8 and paragraph 9 of the same Article shall be deleted.
In Article 3 paragraph 1, "property prescribed in paragraph 3 items (5) to (7) inclusive of the preceding Article and" shall be deleted.
Article 6 paragraph 1 shall be deleted;in paragraph 2 of the same Article, "except in the case prescribed in the preceding paragraph" shall be deleted;the same paragraph shall be made paragraph 1 of the same Article;and paragraph 3 of the same Article shall be made paragraph 2 of the same Article.
In Article 7 paragraph 1, "other than the property such as prescribed in Article 2 paragraph 3 items (5) to (7) inclusive" shall be deleted;paragraph 4 item (2) of the same Article shall be deleted;in item (3) of the same paragraph, "item (3) or (4)" shall be amended as "item (2) or (3)" , and "United Nations nationals" shall be amended as "persons" and the same item shall be made item (2) of the same paragraph;in item (4) of the same paragraph, "item (8)" shall be amended as "item (5)" ;and the following one item shall be added as item (3) to the same paragraph:
(3) Property described in Article 2 paragraph 3 item (4) ...... the time when a decision of capture about the property was made as stated in the same item;
In Article 8 paragraph 4, "other than the property as prescribed in Article 2 paragraph 3 items (5) to (7) inclusive" shall be deleted.
Article 12 shall be deleted, and in Chapter III, the following one Article shall be added before Article 12-(2):
(Procedures of Requirement for Investigation of Present Status of Property and Notice of Present Status)
Article 12. A person who owned the property prescribed in Article 7 paragraph 4 items (1) to (3) inclusive at the time described in each item according to the classification of these items or a United Nations national who is a universal successor of the said person may request, in compliance with the procedures determined by competent Ministerial Ordinance, the competent Minister to investigate the present status of the property.
2 In the case where a United Nations national recognizes that a property was infringed due to wrongful treatment by Japanese Government or Japanese nationals during the period from December 8, 1941 to September 2, 1945 and that the property existed in Japan at any time during the said period, if the person who owned the property at the time of infringement was a United Nations national, etc. at that time and the said United Nations national was an owner of the property at the time of infringement or a universal successor of the said person, the United Nations national may request, in compliance with the procedures provided for by competent Ministerial Ordinance, the competent Minister to recognize the said infringement and investigate the present status of the property. This shall not apply, however, in the case where the said property is property specified in Article 2 paragraph 3 items (1) to (3) inclusive or property under decision of capture.
3 The request for investigation of the present status, of such property as prescribed in Article 7 paragraph 4 item (1) or (2) under the provision of paragraph 1 or the request for recognition of infringement and investigation of the present status of property under the provision of paragraph 2 shall be made within nine months from the date of the first coming into force of the Treaty of Peace with Japan in the case where the person who makes the said requests under the provisions of the said paragraphs is a United Nations national when "United Nations as provided for in Article 25 of the Treaty of Peace with Japan" in Article 2 paragraph 2 item (1) reads "countries which are United Nations provided for in Article 25 of the Treaty of Peace with Japan at the date of the first coming into force of the said Treaty" , and within nine months, in the case where the said person has come to be a United Nations national because a country which was not United Nation provided for in Article 25 of the said Treaty at the said time has later become a United Nation provided for in the said Article, from the time when the said country becomes a United Nation provided for in the said Article. The request for investigation of the present status, of such property as prescribed in Article 7 paragraph 4 item (3), under the provision of paragraph 1 shall be made within nine months from the time when the property is specified in accordance with the provision of Article 2 paragraph 3 item (4).
4 The provisions of paragraphs 1 and 2 shall not apply to the property specified in each item of Article 2 paragraph 4, to the property of which a demand for restoration has been made in accordance with the provisions of Article 12-(2) paragraph 1, 2 or 4 and to the shares of which a demand of restoration has been made in accordance with the provisions of Article 4 paragraph 1, 2 or 4 of the Cabinet Order concerning Restoration of United Nation's Shares.
5 The competent Minister shall, when he is required, in accordance with the provision of paragraph 1, to investigate the present status of a property by a person provided for in the same paragraph, inform the said person in writing of the present status of the said property.
6 In case the request for recognition of infringement and investigation of the present status of property has been made in accordance with the provision of paragraph 2 by the person provided for in the same paragraph, the competent Minister shall inform the person in writing of the competent Minister's observation and shall, if he recognize the infringement constituted, inform the present status of the property.
7 The request or the information under the provision of paragraph 1, 2, 5 or the preceding paragraph shall be, in case the requiring person is a public corporation of a United Nation, other body similar thereto in the nature, a person having United Nation's nationality or a juridical person or other entity established under laws and orders of of a United Nation, made through the government of the United Nation concerned, and it shall be made directly in case he is other than the aforesaid.
8 "A universal successor of the said person" in paragraphs 1 and 2 shall mean a successor, a legatee, or a juridical person existing continuously after merger or a juridical person established due to merger in cases where the said person died or was dissolved due to merger, including those persons who come under this paragraph when "the said person" in this paragraph reads "a successor, a legatee, or a juridical person existing continuously after merger or a juridical person established due to merger, provided for in this paragraph" .
Article 12-(2) shall be amended as follows:
(Procedures of Request for Restoration)
Article 12-(2). A person who owned United Nations propery prescribed in each item of Article 7 paragraph 4 at the time described respectively in these items according to the classification of the items (in the case where the person has been dead or extinct, a person who is recognized as a universal successor of the said person provided for in paragraph 6 of the preceding Article and as having a right to claim for restoration of that property, respectively by the Government of the country concerned if the said person was, at the time of his death or extinction, a public corporation or other body similar thereto in nature of a country other than Japan, an individual having nationality of a country other than Japan, or recognized as such by the competent Minister if the said person was not such a prescribed above;hereinafter the same in this paragraph) and who is a United Nations national may, in accordance with the procedures prescribed by competent Ministerial Ordinance, request the competent Minister to restore the said property. That this shall not apply, however, in the case where the person who owned United Nations property prescribed in each item of Article 7 paragraph 4 at the time described respectively in these items according to the classification of the items is a juridical person, if the Government has accepted a written claim for payment of compensation provided for in Article 15 paragraph 1 of Allied Powers Property Compensation Law (Law No.264 of 1951) with regard to damage to shares of stock or shares in business of the said juridical person.
2 A person who is a successor to the claim for restoration of United Nations property under the provision of the preceding paragraph and is a United Nations national, may request, in compliance with the procedures determined by competent Ministerial Ordinance, the competent Minister to restore the property concerned.
3 The provision of paragraph 7 of the preceding Article shall apply mutatis mutandis to request for restoration of property under the provisions of the preceding two paragraphs.
4 In case a person who may request for restoration of United Nations property in accordance with the provision of paragraph 1 or 2 (hereinafter referred to as "restoree" ) is a public corporation of a United Nation, a body similar thereto in the nature, a person having United Nation, the government of the United Nation concerned may, in compliance with the procedures determined by competent Ministerial Ordinance, directly request the competent Minister on behalf of the restoree, to restore the United Nations property.
5 In case there is such a property of which a requirement for restoration may not, in accordance with the provision of the proviso to paragraph 1, be made because a written claim for payment of compensation under the provisions of Article 15 paragraph 1 of Allied Powers Property Compensation Law has been presented, the competent Minister shall make a notification to that effect.
In the portion of Article 13 paragraph 1 other than those mentioned in each item, "or United Nation's government who may request for restoration of United Nations property on behalf of restoree concerned in accordance with the provision of paragraph 4 of the preceding Article" shall be added next to "restoree" , and "in the case of restoration of property which is owned and occupied by the Government in accordance with the provisions of Article 14, in the case of restoration of property prescribed in Article 2 paragraph 3 item (4) in accordance with the provision of Article 14 and" shall be added next to "except" , and "Articles 14 and 15" shall be amended as "Article 15" ;in item (2) of the same paragraph, "To transfer and deliver the property to its restoree" shall be amended as "To transfer the property to its restoree and deliver it to the person who request for the restoration concerned" ;in item (3) of the same paragraph, "other than the Government" shall be added next to "occupant" , and "and/or deliver the property to its restoree" shall be amended as "to its restoree or to deliver it to the person who request for the restoration concerned" ;in item (4) of the same paragraph, "to restoree" shall be amended as "to the person who request for the restoration concerned" ;in item (5) of the same paragraph, "to deliver the securities on the restoration date to the restoree" shall be amended as "to deliver the securities on the restoration date to the person who request for the restoration concerned" ;paragraph 6 of the same Article shall be made paragraph 7 of the same Article;and next to paragraph 5 of the same Article, the following one paragraph shall be added:
6 The competent Minister, in case he has transferred a property in accordance with the provisions of paragraph 1 item (2), shall notify the person who has proposed to transfer the property free to the Government in accordance with the provision of Article 7 paragraph 1 to that effect.
In Article 14 paragraph 1, "by restorees to restore property owned by Government which is United Nations property" shall be amended as "by restorees or by a United Nations Government which may request for restoration of United Nations property on behalf of restoree in accordance with the provision of Article 12-(2) paragraph 4 to restore property owned or occupied by Government which is United Nations property" ;and in paragraph 2 of the same Article "transfer and deliver to the restoree" shall be amended as "transfer to the restoree and/or deliver it to the person who required the restoration concerned" .
In Article 15 paragraph 1, next to "by restorees" shall be added "or by a United Nations Government who may request for restoration of United Nations property on behalf of restoree in accordance with the provision of Article 12-(2) paragraph 4" .
In Article 16 paragraph 1, "by restorees" shall be amended as "by restorees or by a United Nations Government who may request for restoration of United Nations property on behalf of restorees in accordance with the provision of Article 12-(2) paragraph 4" , and "transfer and deliver them to the restoree" shall be amended as "transfer them to the restoree and deliver them to the person who requested for restoration concerned" ;paragraph 4 and paragraph 5 of the same Article shall be deleted;in paragraph 6 of the same Article, "or issued orders in accordance with the provision of paragraph 3" shall be deleted;the same paragraph shall be made paragraph 4;and para-graph 3 of the same Article shall be amended as follows:
3 The provisions of Article 6 paragraphs 1 to 4 inclusive and Article 7 of the Law concerning Revalidation of Certain Categories of Certificates of Foreign Currency Bonds Converted under the Old Law relating to the Treatment of the Foreign Currency Bonds and Other Incidental Matters shall, in accordance with the provision of paragraph 1, apply mutatis mutandis to the case where have been restored the foreign currency bonds which were converted in accordance with the provision of Article 2 paragraph 1 of the abrogated Law relating to the Treatment of the Foreign Currency Bonds and with respect to which Japanese currency bonds were acquired through that conversion by a person who owned the said foreign currency bonds at the time specified in each item of Article 7 paragraph 4 according to the classification of the property stated in items of the same paragraph or by the person's universal successor provided for in Article 12 paragraph 6. In this case, in Articles 6 and 7 of the Law concerning Revalidation of Certain Categories of Certificates of Foreign Currency Bonds converted under the Old Law relating to the Treatment of the Foreign Currency Bonds and Other Incidental Matters, "the foreign currency bonds...... of which certificates are to be revalidated in accordance with the provision of Article 3 paragraph 1" or "the Minister of Finance" shall respectively read "the foreign currency bonds...... which were restored in accordance with the provision of Article 16 paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property" or "the competent Minister provided for in Article 34 paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property" ;in Article 6 paragraph 1 of the same Law "Any person who acquired the Japanese currency bonds (including his successor) as a result of the conversion" or "the Japanese currency bonds concerned" shall read "Any person who has received restoration" or "Japanese currency bonds acquired through the conversion of the said foreign currency bonds concerned" ;in Article 7 of the same Law (excluding paragraph 2 of the same Article), "persons who acquired the Japanese currency bonds in consequence of the conversion (including the person's successor prescribed in paragraph 7 of the preceding paragraph)" or "persons who acquired the Japanese currency bonds" shall read "persons who have received restoration of foreign currency bonds" ;in paragraph 1 item (3) of the same Article, "paid upon orders issued under the old Foreign Exchange Control Law" shall read "paid" ;in paragraph 5 of the same Article "the persons who received payment of interest as prescribed by item (3) of paragraph 1" or "coupons (only the coupons attached to the foreign currency bonds as prescribed in paragraph 1)" or "coupons attached to the foreign currency bonds as prescribed in Article 7 paragraph 1" shall read respectively "persons who received restoration of the said foreign currency bonds" or "persons who received payment prescribed in Article 4 paragraph 2 with regard to coupons which are revalidated in accordance with the provision of the same paragraph (only the coupons attached to the foreign currency bonds as provided for in paragraph 1)(including the person's successor)" or "persons who owned the foreign currency bonds provided for in paragraph 1 at the time specified in each item of Article 7 paragraph 4 of Cabinet Order concerning Restoration, etc. of United Nations Property according to the classification of the property stated in items of the same paragraph or, in the case where the person's universal successor provided for in Article 12 paragraph 8 of the same Cabinet Order has received payment with regard to coupons of the said foreign currency bonds, persons who received restoration of the said foreign currency bonds" .
Article 17 and Article 18 shall be amended as follows:
(Extinction of Claims for Restoration)
Article 17. Claims for restoration of United Nations property specified in Article 2 paragraph 3 items (1) to (3) inclusive shall be nullified if request for restoration of the said property is not made within nine months from the date of the first coming into force of the Treaty of Peace with Japan, in the case where restoree of the said United Nations property is a United Nations national when "United Nations as provided for in Article 25 of the Treaty of Peace with Japan" in Article 2 paragraph 2 item (1) reads "countries which are United Nations provided for in Article 25 of the Treaty of Peace with Japan at the time of the first coming into force of the said Treaty" , and within nine months, in case the said restoree has become a United Nations national because a country which was not a United Nation provided for in Article 25 of the said Treaty at the said time has later become a United Nation provided for in the said Article, from the time when the said country becomes a United Nation provided for in the said Article.
2 In the case where the request for restoration of United Nations property prescribed in Article 2 paragraph 3 item (4) or (5) is not made within nine months from the time when the competent Minister specified the said property in accordance with the provisions of those items, claims for restoration of the said property shall be nullified.
3 In case there is a United Nations property, of which claims for restoration are nullified in accordance with the provisions of the preceding two paragraphs, the competent Minister shall make a notification to that effect.
(Property of which Information of None-Restoration is Made)
Article 17-(2). The competent Minister shall, in case he has received from a restoree an information that he does not request for restoration of United Nations property, make a notification to that effect.
(Property Not Required to be Restored)
Article 18. In the case where the property of which a notification under Article 12-(2) paragraph 5, Article 17 paragraph 3 or the preceding Article has been made, is that which the Government received in accordance with the provision of Article 7 paragraph 2, the competent Minister shall inform the person who proposed the transfer of the property in accordance with the provision of paragraph 1 of the same Article of matters related to the said notifications.
2 Any person who, in accordance with the provision of Article 7 paragraph 1, proposed the transfer of such property of which a notification under the provision of Article 12-(2) paragraph 5, Article 17 paragraph 3 or the preceding Article has been made, may, in case the said notification is made, purchase back the same property within two months from the day of the said notification in accordance with the procedures prescribed by the competent Ministerial Ordinance, by paying to the competent Minister the amount of money corresponding to the aggregate of expenses required for the preservation which the Government has paid on and after the day or which it accepted the property and of the legal interests thereof.
3 In case the property of which a notification under the provision of Article 12-(2) paragraph 5, Article 17 paragraph 3 or the preceding Article has been made, is that which is, on the day of the said notification, under custody of a custodian appointed in accordance with the provision of Article 8 paragraph 1, the said custodian shall be deemed to have been dismissed on the same day.
4 In the case where the property of which a notification under the provision of Article 17 paragraph 3 or the preceding Article has been made, is that which is specified in Article 7 paragraph 4 item (1), (2) or (4) and where the person who owned the said property at the time prescribed in any of these items according to the classification of the property stated in these items (including the person who acquired the property in the case where the property had been transferred only through universal succession after the said time) is one who owns the property on the day of the said notification, the property shall come to be owned by the Government on the same day.
In the heading of Article 19, "Sale Price of Property" shall be amended as "Sale Price, Etc. of Property" ;in paragraph 1 of the same Article, "Article 7 paragraph 4 items (2) to (4) inclusive at the time specified in each item concerned" shall be amended as "Article 7 paragraph 4 item (4) at the time specified in the same item" , and "United Nations nationals" shall be amended as "persons" , and "Article 22 and" shall be deleted;in paragraph 2 of the same Article, next to "paragraph 4 of the same Article" shall be added "or Article 14 paragraph 2" , and next to "those who have proposed the transfer of the property" shall be added "except the Government" .
In Article 20, "Where United Nations property belonging to a Special Account has been restored in accordance with the provision of Article 14 paragraph 2" shall be amended as "Where United Nations property which is owned by the Government and belonging to a Special Account is transferred to a restoree and there exists no right (excluding security right) on the said property at the time of transfer which lapsed in accordance with the provision of Article 23 paragraph 1" , and "is restored" shall be amended as "is transferred" ;and the following one paragraph shall be added to the same Article:
2 Where United Nations property which is owned by the Government and is belonging to a Special Account is in accordance with the provision of Article 14 paragraph 2 transferred to a restoree and rights (excluding security rights) existing on the said property at the time of transfer has lapsed in accordance with the provision of Article 23 paragraph 1, the Government shall transfer from General Account to the said Special Account the amount obtained by multiplying the selling price of the said property by the ratio of the current price of the property, at the time of that transfer, to the aggregate of the said current price and the current price of the extinct right, at the time of that transfer (in the case where there are two or more rights which have lapsed, the aggregate of current prices of the extinct rights at that time of that transfer), by the fiscal year next to the one during which the said United Nations property was transferred.
Article 22 shall be amended as follows:
Article 22. In the case where, through the measure prescribed in Article 13 paragraph 1 item (2) or through the measure taken in accordance with the order prescribed in item (3) of the same paragraph or in accordance with the provision of paragraph 4 of the same Article, there has been transferred to the restoree the property which is United Nations property prescribed in Article 2 paragraph 3 item (5), infringement of which prescribed in the same item was made in an area occupied by the former Japanese armed forces on and after December 8, 1941 and which the Government sold, the person who transferred the property (in case the property is what the competent Minister has accepted in accordance with the provision of Article 7 paragraph 2, those who proposed, in accordance with the provision of paragraph 1 of the same Article, to transfer the property) may, in accordance with procedures provided by competent Ministerial Ordinance, request the competent Minister to pay such an amount of money as corresponding to the amount which the Government received as the price of the property.
Article 22-(2). In the case where a person who owned such a property as prescribed in each item of Article 7 paragraph 4 at the time specified in the same item, according to the classification of the property stated in these items has not been dead or extinct, if the amount of money calculated in accordance with the provisions of Articles 5 to 13 inclusive of the Allied Powers Property Compensation Law with regard to damage to the property owned in Japan by the said person on December 8, 1941 (meaning, in the case any amount of compensation is not paid to the person as a result of application of the provision of Article 14 of the same Law, such an amount as calculated in accordance with provisions of Articles 5, 6, 8, 10 and 12 of the same Law, by taking the terms "the time of compensation (meaning here and hereinafter the time of payment of compensation by the Japanese Government in accordance with the provision of Article 16 paragraph 1 or 4)" or "the time of compensation" in Articles 5, 6, 8, 10 and 12 of the same Law to read "the time when the Peace Treaty comes into force between Japan and the country to which belongs a person who owned such a property as prescribed in each item of Article 7 paragraph 4 of the Cabinet Order concerning Restoration, Etc. of United Nations Property at the time specified in the same item according to the classification of the property specified in these items" ;hereinafter referred to as "the amount of damage" in this Article) is less than the amount prescribed in item (1), the competent Minister may request the said person to pay the amount corresponding to the aggregate of amounts prescribed in the following items minus the said amount of damage, and in case the said amount of damage is equal to to amount prescribed in item (1) or the former is bigger than the latter, the competent Minister may request the said person to pay the amount corresponding to the amount prescribed in item (2):
(1) The aggregate of the amounts prescribed in each item of Article 14 of the Allied Powers Property Compensation Law in the case where the terms "a claimant" or "the time of compensation" in the item of Article 14 of the same Law read "a person who owned such a property as prescribed in each item of Article 7 paragraph 4 of the Cabinet Order concerning Restoration, Etc. of United Nations Property at the time specified in the same item according to the classification of the property specified in these items" or "compensation time (the time when the Peace Treaty comes into force between Japan and the country to which belongs a person who owend such a property as prescribed in each item of Article 7 paragraph 4 of the Cabinet Order concerning Restoration, Etc. of United Nations Property at the time specified in the same item according to the classification of the property specified in these items in case these is no compensation amount of money as a result of application of the provision of this Article which is to be paid to the said person)" ;
(2) The amount of selling price in the case where the property prescribed in each item of Article 7 paragraph 4 owned by the said person at the times specified in the same item according to the classification of the property specified in these items was sold by the former enemy property custodian, the said person or a quasi-enemy property custodian (excluding the amount paid into the Special Property Administration Account in the Bank of Japan).
2 The provisions of the preceding paragraph shall apply mutatis mutandis to the case where a person who owned such a property as prescribed in each item of Article 7 paragraph 4 at the time specified in the same item has been dead or extinct and the person's only universal successor has not been dead or extinct. In this case, the terms "by the said person" , "to the person" , "to which belongs a person............ specified in these items" and "may request the said person" in the portion other than those mentioned in the items of the preceding paragraph shall read respectively "by these persons" , "to these. persons" , "to which belongs a person............ specified in these items or the said person's universal successor" and "may request the said universal successor" , and the terms "a person who owned such a property............ specified in these items" or "to the said person" in item (1) of the same paragraph shall read respectively "a person who owned such a property............ specified in these items or the said person's universal successor" and "to the said person or the said person's universal successor" , and the term "the said person" in item (2) of the same paragraph shall read "the said persons" .
3 The provisions of the preceding two paragraphs shall apply mutatis mutandis to the case where a person who owned such a property as prescribed in each item of Article 7 paragraph 4 at the time specified in the same item according to the classification of the property specified in these items has been dead or extinct and there have been more than two universal successors of the person, and to the case where a person who owned such a property as prescribed in each item of Article 7 paragraph 4 at the time specified in the same item according to the classification of the property specified in these items, has been dead or extinct and there has been the only universal successor of the person, and the said universal successor has been dead or extinct.
4 Necessary matters to execute the provisions of the preceding three paragraphs shall be provided for by Cabinet Order.
In Article 23 paragraph 1, next to "(excluding...... the same Article)" shall be added "or Article 14 paragraph 2" ;and paragraph 4 of the same Article shall be deleted.
Article 24 paragraph 6 shall be deleted.
In Chapter V, the following two Articles shall be added before Article 26:
(Exercise of Right to Demand Reimbursement of Fund belonging to the Special Property Administration Account, Etc.)
Article 25-(2). Any person who has a right to demand reimbursement of fund belonging to the Special Property Administration Account in the Bank of Japan may request the Bank of Japan, in compliance with the procedures stipulated by competent Ministerial Ordinance, to pay the fund, other than such fund as corresponding to foreign currency bonds prescribed in Article 2 paragraph 1 of the Law concerning Revalidation of Certain Categories of Certificates of Foreign Currency Bonds Converted under the Old Law relating to the Treatment of the Foreign Currency Bons and Other Incidental Matters, and amount of redemption and interests of public loan prescribed in Article 5 paragraph 3 of the same Law which have all been paid into the said account (hereinafter referred to "fund for interests of foreign currency bonds, etc." in Article 25-(3)).
2 Upon request for reimbursement under the provision of the preceding paragraph, the Bank of Japan shall pay the requested amount to the person who made the request. In this case, the provisions of Article 4 paragraph 1 and Article 5 shall not apply thereto.
3 A right to demand reimbursement of fund belonging to the Special Property Administration Account in the Bank of Japan shall not be transferred.
4 The provision of Article 17 paragraph 1 shall apply mutatis mutandis to a right to demand reimbursement provided for in the provisions of the preceding paragraph. In this case, the terms "Claims for restoration of United Nations property specified in Article 2 paragraph 3 items (1) to (3) inclusive" , "the said restoree" and "restoration of the said property" in Article 17 paragraph 1 shall read respectively "Claims for reimbursement of fund belonging to the Special Property Administration Account in the Bank of Japan" , "the said person" and "reimbursement of the said fund" .
(Reimbursement to Custodian for Fund belonging to Special Property Administration Account)
Article 25-(3). The custodian for United Nations Property appointed in accordance with the provision of Article 8 paragraph 1 may, in case he considers it necessary for payment of the expenses for the custody of the property concerned, request the Bank of Japan, with a permission of the competent Minister prescribed in Article 4 paragraph 1 to reimburse the fund belonging to the Special Property Administration Account in the Bank of Japan, other than the fund for interest of foreign currency bonds, etc.
2 The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis in the case where the request under the provision of the term the preceding paragraph has been made. In this case, "Article 4 paragraph 1 and Article 5" shall read "Article 5" .
In Article 30 paragraph 1, "investigation of the present status of the property for which the request under the provision of Article 12 paragraph 1 or 2 was made or recognition of infringement of the property for which the request under the provision of paragraph 2 of the same Article was made," shall be added next to "preservation or restoration of United Nations Property," , and "preservers of the property or former preservers of the property" shall be amended as "those who own, preserve or administer the said property or objects of rights which are the said property or those who owned, preserved or administered the said property or objects of rights which are the said property" , and "the preservers or the former preservers" shall be amended as "those persons" .
In Article 31 paragraph 10, "bonds etc" . shall be amended as "registration of bonds, etc."
In Article 32 paragraph 2, "Article 18" shall be amended as "Article 18 paragraph 2" and in paragraph 3 of the same Article, "a United Nations national who...... of the same paragraph" shall be amended as "a person who...... of the same paragraph or the person's universal successor prescribed in Article 16 paragraph 8" ;and paragraph 5 of the same Article shall be amended as follows:
5 With regard to the application of the Income Tax Law and the Assets Revaluation Law (Law No.110 of 1950), the amount of money which has been paid in accordance with the provision of Article 19 paragraph 6 those who have transferred United Nations property through the measure taken in accordance with the order prescribed in Article 13 paragraph 1 item (3) or (5), or in accordance with the provision of paragraph 4 of the same Article and to those who have proposed the transfer of United Nations property in accordance with the provision of Article 7 paragraph 1, shall be considered at the transfer price of the said property;and the amount of money which has been paid in accordance with the provision of Article 19 paragraph 6 to those who owned the right becoming extinct in accordance with the provision of Article 23 paragraph 1, as existed on United Nations property at the time when the property was transferred through the measure prescribed in Article 13 paragraph 1 item (2) or through the measure taken in accordance with the order prescribed in item (3) or (5) of the same paragraph or in accordance with the provision of paragraph 4 of the same Article, and to those who owned the right becoming extinct in accordance with the provision of Article 23 item (2) or (3), as existed on the objects of superficies, emphyteusis, servitude or leasee's right which are all United Nations property at the time when these kinds of right were restored through the measure taken in accordance with the order prescribed in Article 13 paragraph 1 item (4)-or in accordance with the provision of paragraph 4 of the same Article (only for the portion relating to paragraph 1 item (4) of the same Article), shall be considered as the transfer prices of the said right so extinct.
Article 34 paragraph 1 shall be amended as follows:
(Competent Minister and Competent Ministerial Ordinance)
Article 34. In this Cabinet Order, the competent Minister shall be the Minister of Transportation as to matters relating to the properties prescribed in Article 2 paragraph 3 item (4), vessels and their cargo which are property prescribed in item (5) of the same paragraph to which damages prescribed in the same item were inflicted in the areas occupied by the former Japanese armed forces on and after December 8, 1941 or in the open sea, and actions thereon, and the Minister of Finance as to other matters.
2 In this Cabinet Order, the competent Ministerial Ordinance shall be the Ministry of Finance Ordinance as to matters of which Minister of Finance is the competent Minister, and the. Ministry of Transportation Ordinance as to affairs of which Minister of Transportation is the competent Minister.
Article 35 item (7) shall be deleted.
Paragraph 6 of the Supplementary Provisions shall be amended as follows:
6 Out of such properties as were put under the custody of the former enemy property custodian when they were appointed and as were owned by the juridical person controlled by United Nations, etc. at the time of the properties were put under that custody and among such properties as prescribed in Article 2 paragraph 3 item (2) or (3) and as were acquired by the juridical persons controlled by United Nations, etc. at the time when the properties were produced or acquired, the property which was owned by the said juridical persons at the time when United Nations nationals, etc. came to control the said juridical persons owing to the return of shares of stocks or shares in business of the said juridical persons in accordance with the provision of Article 2 paragraph 1 of the Old Imperial Ordinance shall not be included in United Nations property regardless of the provision of Article 2 paragraph 3.
In paragraph 12 of the Supplementary Provisions, "the United Nations nationals" shall be amended as "persons" ;paragraph 14 of the Supplementary Provisions shall be deleted;in paragraph 15 of the Supplementary Provisions, "paragraph 13 of the present Supplementary Provisions" shall be amended as "the preceding paragraph" , and the same paragraph shall be made paragraph 14 of the Supplementary Provisions;and the numbering of paragraph 16 to paragraph 18 inclusive of the Supplementary Provisions shall be moved up by one;in paragraph 19 of the Supplementary Provisions, "Article 13 paragraph 6" shall be amended as "Article 13 paragraph 7 or Article 18 paragraph 3" , and the same paragraph shall be made paragraph 19 of the Supplementary Provisions, and the numbering of the succeeding paragraphs to paragraph 23 inclusive of the Supplementary Provisions shall be moved up by one;and in paragraph 24 of the Supplementary Provisions, "Article 19 paragraph 2" shall be amended as "Article 19 paragraph 6" , and the same paragraph shall be made paragraph 23, and the numbering of the succeeding paragraphs shall be moved up by one.
Annexed Table shall be deleted.
(Transitional Provisions in Consequence of Partial Amendments to the Cabinet Order concerning Restoration, Etc. of United Nations Property)
Article 2. In cases where request for restoration of property was made, prior to the enforcement of this Law, in accordance with the provision of Article 12-(2) paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property before amendments this Law (hereinafter referred to as "the Old Order" in this Article,) and the restoration of the said property has not yet been effected by the time of the enforcement of this Law, if the person who made the said request is, at the time of the enforcement of this Law, a person who may request for restoration of the said property in accordance with the provision of Article 12-(2) paragraph 1 or 2 of the Cabinet Order concerning Restoration, Etc. of United Nations property after amendments (hereinafter referred to as "the New Order" in this Article), the said request for restoration of property shall be deemed, after the enforcement of this Law, respectively to be a request for restoration of property made in accordance with the provision of Article 12-(2) paragraphs or paragraph 2 of the New Order.
2 In the case under the preceding paragraph, if the property under the same paragraph is that which was designated in accordance with the provision of Article 2 paragraph 3 item (8) of the Old Order, the said property shall be deemed, after the enforcement of this Law, to be that which is specified in accordance with the provision of Article 2 paragraph 3 item (5) of the New Order.
3 The request for investigation of the present status of property made, prior to the enforcement of this Law, in accordance with the provision of Article 12-(2) paragraph 2 of the Old Order shall, in case the person who made the requirement is at the time of the enforcement of this Law, a person who may request, for investigation of the present status of the said property in accordance with the provision of Article 12-(2) paragraph 1 of the New Order, be deemed, after the enforcement of this Law, to be a request for investigation of the present status of the said property made in accordance with the provision of the same paragraph.
4 The notification made, prior to the enforcement of this Law, in accordance with the provision of Article 17 paragraph 1 of the Old Order shall be deemed, after the enforcement of this Law, to be a notification made in accordance with the provision of Article 17-(2) of the New Order.
5 The provisions of Article 19 to Article 21 inclusive, Article 23 to Article 25 inclusive, Article 27, Article 29, Article 31 paragraph 3 to paragraph 10 inclusive, and Article 32 of the Old Order shall be still effective as law even after the enforcement of this Law, in the case where the property not included in the United Nations property prescribed in each item of Article 2 paragraph 3 of the New Order has, prior to the enforcement of this Law, been restored through the measures prescribed in Article 13 paragraph 1 item (1) or item (2) of the Old Order, the measures taken in accordance with the order prescribed in item (3) to item (5) inclusive of the same paragraph or in accordance with the provision of paragraph 4 of the same Article, Article 14 paragraph 2, Article 15 paragraph 2 or Article 16 paragraph 1 of the Old Order.
6 The provisions of the Old Order shall be still effective as law even after the enforcement of this Law, in the case where request for restoration of property has been made, prior to the enforcement of this Law, in accordance with the provision of Article 12-(2) paragraph 1 of the Old Order and where the person who made the said request is not, at the time of the enforcement of this Law, a person who may request restoration of the said property in accordance with the provision of Article 12 paragraph 1 or paragraph 2 of the Lew Order and further where the said restoration of property has not yet been made by the time of enforcement of this Law.
7 In cases where there is such property which is not included in United Nations property prescribed in Article 2 paragraph 3 of the New Order out of the property of which request for restoration has been made, prior to the enforcement of this Law, in accordance with the provision of Article 12-(2) paragraph 1 of the Old Order and restoration of which has not been made by the time of the enforcement of this Law, the competent Minister shall, immediately after the enforcement of this Law, made a ministerial notification to that effect.
8 The provisions of Article 11 paragraph 1, Article 26 paragraph 1 and paragraph 2, Article 31 paragraph 2 and Article 33 of the Old Order shall be still effective as law even after the enforcement of this Law, in the case where property not included, at the time of the enforcement of this Law, in the United Nations property provided for in Article 2 paragraph 3 of the New Order, has been transferred, prior to the enforcement of this Law, to the competent Minister in accordance with the provision of Article 7 paragraph 2 of the Old Order.
9 In cases where the property transferred, prior to the enforcement of this Law, to the competent Minister in accordance with the provision of Article 7 paragraph 2 of the Old Order is not included in the United Nations proerpty provided for in Article 2 paragraph 3 of the New, Order, of request for restoration under the provision of Article 12-(2) paragraph 1 of the Old Order, has not been required, by the time of enforcement of this Law, those who have proposed the transfer of the said property in accordance with the provision of Article 7 paragraph 1 of the Old Order may purchase back the said property within two months from the date of enforcement of this Law in accordance with the procedures prescribed by the competent Ministerial Ordinance, by paying to the competent Minister the amount of money corresponding to the total sum of expenses for preservation which Government has paid on and after the date on which it accepted the property and of legally determined interests.
10 The provisions of Article 26 paragraph 1 and paragraph 2 of the Old Order which are still effective in accordance with the provision of paragraph 8 shall not apply after the period provided for in the preceding paragraph lapses, to the property prescribed in the preceding paragraph and not purchased back in accordance with the same paragraph within the said period.
11 In the case where the juridical persons or other entities specified in Article 2 paragraph 2 item (5) of the Old Order who owned the property prescribed in each item of Article 7 paragraph 4 of the Old Order at the time specified in the same item according to the classification of the property specified in those items and who were not included at the said time in United Nations nationals, etc. provided for in Article 2 paragraph 3 item (1) of the New Order or their universal successors provided for in Article 12 paragraph 8 of the New Order have received, prior to the enforcement of this Law, restoration of the United Nations property provided for in Article 2 paragraph 3 of the Old Order in reply to request for restoration presented in accordance with the provision of Article 12-(2) paragraph 1 of the Old Order, or in the case where those juridical persons or other entities mentioned above have received, prior to the enforcement of this Law, through the measures taken in accordance with the order prescribed in Article 2 paragraph 1 of the Old Imperial Ordinance on Returning, etc. of Allied Nations Property (Imperial Ordinance No.294 of 1946), restoration of the United Nations Property provided for in Article 1 paragraph 1 of the same Order, or in the case where those juridical persons or other entities mentioned above have received, prior to the enforcement of this Law, restoration of telephone subscriber's right which is the United Nations property provided for in the same paragraph, the competent Minister may claim against the said juridical persons or other entities or their universal successors for payment of the amount of money corresponding to the price at which the said property was sold by enemy property custodian provided for in Article 4 paragraph 1 of the Imperial Ordinance relative to the Enforcement of the Enemy Property Custody Law (Law No.1179 of 1941), the said juridical persons or other entities or their universal successors, or quasi-enemy property custodian provided for in Article 19 paragraph 1 of the Old Order (in case the proceeds have been paid into the Special Property Administration Account in the Bank of Japan, only such the amount corresponding to the portion as reimbursed to the said juridical persons or other entities or their universal successors out of the fund in the said account corresponding to the said proceeds is referred to).
12 The provisions of Article 12 paragraph 1 and paragraph 2 of the New Order shall not apply to the property not included, in accordance with the provisions of paragraph 5, paragraph 6 and paragraph 9, of the Supplementary Provisions of the New Order, in the United Nations property and to the property confiscated, prior to the enforcement of this Law, in accordance with the provision of Article 4 paragraph 1 of the Ordinance concerning the Impounding and Reporting of Looted Articles (Ministry of Home Affairs Ordinance No.25 of 1946).
13 The provision of Article 32 paragraph 5 of the New Order shall apply mutatis mutandis to the amount of money paid in accordance with the provision of Article 19 paragraph 6 of the Old Order which applies mutatis mutandis in paragraph 10 of the Supplementary Provisions of the Cabinet Order for Partial Amendments to the Cabinet Order concerning Restoration, Etc. of United Nations Property (Cabinet Order No.355 of 1951).
(Partial Amendments to the Cabinet Order for Partial Amendments to the Cabinet Order concerning Restoration, Etc. of United Nations Property)
Article 3. The Cabinet Order for Partial Amendments to the Cabinet Order concerning Restoration, Etc. of United Nations Property (Cabinet Order No.355 of 1951) shall be partially amended as follows:
In the first clause of paragraph 6 of the Supplementary Provisions, "United Nations nationals who had been" shall be amended as "former" .
(Partial Amendments to the Cabinet Order regarding a Transfer, Etc. of Houses, Etc. on Allied Nations Property)
Article 4. The Cabinet Order regarding a Transfer, Etc. of House, Etc. on Allied Nations Property (Cabinet Order No.298 of 1948) shall be partially amended as follows:
In Article 1, next to "transfer to restorees of the property or" shall be added "Governments of United Nations or for" ; "the requirement of restorees" shall be amended as "the requirement of restorees or of Governments of United Nations who may require for restoration of the said property on behalf of the said restorees (hereinafter referred to as" restorees, etc. ")" ;next to "their shares of stock" and "the shares of stock" shall be, respectively, added "shares in business" .
In Article 1-(2) paragraph 1, "restorees" shall be amended as "restorees, etc." , and next to "Article 12-(2) paragraph 1" shall be added "2 or 4" ;and in paragraph 2 of the same Article, "Article 12-(2) paragraph 4" shall be amended as "Article 12 paragraph 7 and Article 12-(2) paragraph 4" .
In Article 2 paragraph 1 and Article 5 paragraph 1, "restorees" shall be amended respectively as "restorees, etc." .
In Article 9 paragraph 1, "Upon the requirement of restorees" shall be amended as "Upon the requirement of restorees, etc." , "to the restorees" shall be amended as "to the restorees of the land provided for in Article 1, on which the said houses, etc. exist" .
In Article 10 paragraph 1, "restorees" shall be amended as "restorees, etc." .
The following one Article shall be added next to Article 13:
(Delegation of Authority)
Article 13-(2). The competent Minister may delegate to the governor of To, Do, Fu or prefecture a portion of his authority provided for in Article 8 paragraph 1, Article 10-(2) paragraph 1, and paragraph 1 of the preceding Article. In this case, the provision of Article 153 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947) shall not apply thereto.
(Partial Amendments to the Cabinet Order concerning Restoration of United Nation's Shares)
Article 5. The Cabinet Order concerning Restoration of United Nation's Shares (Cabinet Order No.310 of 1949) shall be partially amended as follows:
Article 1 and Article 1-(2) shall be amended as follows:
(Purpose)
Article 1. The purpose of this Cabinet Order is, in accordance with the provisions of Article 15 of the Treaty of Peace with Japan, to provide for matters necessary to restore rights in shares which are United Nations property to United Nations nationals.
(Relations with the Cabinet Order concerning Restoration, Etc. of United Nations Property)
Article 1-(2). The provisions of the Cabinet Order concerning Restoration, Etc. of United Nations Property (Cabinet Order No.6 of 1951) shall not apply to the shares subject to the application of this Cabinet Order, except the provisions of Article 2, Article 8, Article 9, Article 12, Article 13 paragraph 1 item (1) and item (5), Article 22-(2), Article 35 item (3) and item (4) and Article 38 of the same Order, and the provisions of paragraph 8 and paragraph 17 to paragraph 20 inclusive of the Supplementary Provisions of the said Order.
(Definition of United Nations, United Nations Nationals, and United Nations Nationals, etc.)
Article 1-(3). The term "United Nations" as used in this Cabinet Order shall mean such countries as prescribed in Article 2 paragraph 2 item (1) of the Cabinet Order concerning Restoration, Etc. of United Nations Property.
2 The term "United Nations Nationals" as used in this Cabinet Order shall mean such United Nations nationals as prescribed in Article 2 paragraph 2 of the Cabinet Order concerning Restoration, Etc. of United Nations Property.
3 The term "United Nations Nationals, etc." as used in this Cabinet Order shall mean such United Nations Nationals, etc. as prescribed in Article 2 paragraph 3 item (1) of the Cabinet Order concerning Restoration, Etc. of United Nations Property.
In Article 2 paragraph 1, "Article 4 item (1)" shall be amended as "Article 4 paragraph 1" , "who has been dismissed by the Minister of Finance under...... to restore to the restoree," shall be amended as "the old custodian of which has been dismissed in accordance with...... to restore the said shares of stock," , ", Article 19 paragraph 1 or Article 20 paragraph 5" shall be amended as "or Article 19 paragraph 1" , "in order to be restored to the restoree" and "because it had become clear that there is no need of restoring the shares" shall be respectively deleted;and each item of the same paragraph shall be amended as follows:
(1) Shares which have been placed under custody of the old enemy property custodian and owned by a person who was United Nations nationals, etc. when it was put under the said custody and/or other shares substituted therefore;
(2) Shares other than those as prescribed in the preceding item, recognized, by the Minister of Finance in reply to requirement for recognition under the provision of Article 12 paragraph 2 of the Cabinet Order concerning Restoration, Etc. of United Nations Property, as the rights related thereto which had been infringed due to wrongful treatment of Japanese Government or nationals during the period of December 8, 1941, to September 2, 1945, and owned at the time of the said infringement by anyone who was United Nations nationals, etc. at the time of the said infringement and designated by the Minister of Finance, and/or any other shares substituted therefor.
In Article 2 paragraph 3, "in the preceding two paragraphs" shall be amended as "in this Cabinet Order" .
Article 4 and Article 5 inclusive shall be amended as follows:
(Procedures of Requirement for Restoration)
Article 4. Any person who owned United Nation's Shares or shares of companies outside Japan, etc. prescribed in the following items (excluding those shares about which the Minister of Finance has ordered restoration or other necessary measures in accordance with the provision of Article 2 paragraph 1 of the abrogated Imperial Ordinance on Returning, etc. of Allied Nations Property, those shares which had been placed under former Enemy Property Custodian, who were dismissed in accordance with the provision of Article 4 paragraph 2 of the abrogated Enforcement Ordinance of the Enemy Property Custody Law in order to restore the said shares, those shares about which measures for restoration have been taken in accordance with the provision of Article 32 paragraph 2 and shares about which the public notice was made in accordance with the provision of paragraph 5 of the same Article;hereinafter the same) at the time prescribed in each of the following items according to the classification of the shares specified in the same item (in the case where the person is dead or extinct, those who are regarded as universal successor of the person having claims to restoration of the said shares either by the nations, if they were, at the time of their death or extinction, public corporations or other bodies similar thereto in the nature of nations other than Japan, those having nationality of nations other than Japan or are juridical persons or other entities organized under laws and/or orders of nations other than Japan, or by the competent Minister, if they are not such as mentioned above at the time of their death or extinction;hereinafter the same in this paragraph) and who is a United Nations national may, in accordance with the procedures prescribed by Ministry of Finance Ordinance, require the Minister of Finance to restore the said shares or other shares substituting therefor (in cases where there are child stocks concerning the said shares or other shares substituting therefor, the said Shares or other shares substituting therefor, and the child stocks thereof);provided, however, that this shall not apply to the case where the said person who owned United Nation's Shares or shares of companies outside Japan, etc. prescribed in the following items at the time prescribed in each of the following items according to the classification of the shares specified in the same item is a juridical person, if the Government has accepted a written claim for payment of compensation in accordance with the provision of Article 15 paragraph 1 of the Allied Powers Property Compensation Law (Law No.264 of 1951) with regard to damages to shares of stock or shares in business of the said juridical person:
(1) Shares prescribed in Article 2 paragraph 1 item (1) ...... the time when the said shares were put under custody of former Enemy Property Custodian;
(2) Shares prescribed in Article 2 paragraph 1 item (2) ...... the time when the said shares were infringed as prescribed in the same item.
2 United Nations nationals who are successors of the claim for restoration of United Nation's shares or shares of companies outside Japan, etc. under the provision of the preceding paragraph, may, in accordance with the procedures provided for by Ministry of Finance Ordinance, require the Minister of Finance to restore the said shares (in cases where there are child stocks concerning the said shares, the said shares and child stocks thereof).
3 The requirement for restoration of shares under the provisions of the preceding two paragraphs shall be made either through a government of United Nation if the persons who may require the restoration of shares in accordance with the provision of paragraph 1 or 2 (hereinafter referred to as "restorees" ) are public corporations or other bodies similar thereto in the nature of that nation, persons having nationality of that nation, or juridical persons or other entities organized under laws and/or orders of that nation, or directly if the restorees are not such as mentioned above.
4 In cases where restorees are public corporations or other entities similar thereto in the nature of a United Nation, persons having nationality of United Nation, or juridical persons or other entities established under laws and/or orders of United Nation, the Government of that nation may, directly require the Minister of Finance, on behalf of the said restorees, to restore the shares restoration of which the said restorees may require in accordance with the provision of paragraph 1 or 2.
5 The term "universal successor of the person" as used in paragraph 1 shall mean heirs, legatees, juridical persons continuing to exist after merger or juridical persons established due to merger respectively of the person in the cases where the person has been dead or dissolved through merger. and include what is meant by this paragraph in the case where "the person" as used in this paragraph read "heirs, legatees, juridical persons continuing to exist after merger or juridical persons established due to merger respectively as provided for in this paragraph" .
(Expiration of Claims for Restoration)
Article 5. In case the requirements for the restoration of shares are not made, within nine months from the day of the first coming into force of the Treaty of Peace with Japan, by the restorees of the shares prescribed in Article 2 paragraph 1 item (1) who are United Nations nationals in the case where "United Nations provided for in Article 25 of the Treaty of Peace with Japan" in Article 2 paragraph 2 item (1) of the Cabinet Order concerning Restoration, Etc. of United Nations Property read "nations which are, at the date of the first coming into force of the Treaty of Peace with Japan, United Nations provided for in Article 25 of the Treaty" or are not made, within nine months after the date of the nation becoming United Nation provided for in Article 25 of the Treaty of Peace with Japan by the restorees who have become United Nations national due to the fact the nation which was not at that time United Nation provided for in the same Article has become later United Nation prescribed by the same Article, claim for restoration of the said shares (in case there are child stocks concerning the said shares, the said shares and child stocks thereof) shall lapse.
2 In cases where requirements for the restoration of shares designated by the Minister of Finance in accordance with the provision of Article 2 paragraph 1 item (2) or of other shares substituted therefor are not made within nine months from the date of the said designation, claims for restoration of the said shares (in case there are child stocks concerning the said shares, the said shares and child stocks thereof) shall lapse.
In Article 18 paragraph 1, "is required to restore United Nation's shares and/or child stocks under the provision of Article 5 paragraph 1" shall be amended as "is required to restore United Nation's shares and/or child stocks by the restoree or the government of United Nation which may, on behalf of the restorees, require for the restoration of United Nation's shares and/or child stocks in accordance with the provision of Article 4 paragraph 4" , and "Article 4 item (1) and (2)" shall be amended as "each item of Article 4 paragraph 1" , and next to "their previous holder or holders" shall be added ", by the time specified in each of items of Article 4 paragraph 1 according to the classification of the shares specified in the same item," , and "notify the restorees" shall be amended as "notify the person who has required for the restoration" ;in paragraph 2 of the same Article, "the restoree has" shall be amended as "the person who has required for the restoration as provided for in the preceding paragraph has" and "the preceding paragraph" shall be amended as "the same paragraph" , and "the restoree notifies" shall be amended as "the person who has required for the restoration notifies" , and next to "their previous holder or holders" shall be added ", by the time specified in each of items of Article 4 paragraph 1 according to the classification of the shares specified in the same item," ;in paragraph 3 of the same Article, next to "their previous holder or holders" shall be added ", by the time specified in each of items of Article 4 paragraph 1 according to the classification of the shares specified in the same item," , and "the restoree notified" shall be amended as "the person who has required for the restoration provided for in paragraph 1 notified" , in paragraph 4 of the same Article, "from restorees" shall be amended as "from restorees or United Nation's government who may require for the restoration of shares on behalf of the restorees in accordance with the provision of Article 4 paragraph 4" , and "the said certificates of share to the restoree" shall be amended as "the said certificates of share to the person who has required for the restoration" .
In Article 19 paragraph 1, "from restoree" shall be amended as "from restorees or United Nation's government who may require for restoration of shares on behalf of the restorees in accordance with the provision of Article 4 paragraph 4" , and "the said certificates of shares to restoree" shall be amended as "the said certificate of shares to the person who has required for the restoration" .
In Article 20 paragraph 1, "The restoree" shall be amended as "The person who has required for the restoration of United Nation's shares or child stocks thereof" ;in paragraph 2 of the same Article, "delivered the restoree" shall be amended as "delivered to the person who has required for the restoration of United Nation's shares or child stocks thereof" ;in paragraph 3 of the same Article, "Article 4 item (1) or (2)" shall be amended as "each item of Article 4 paragraph 1" , and next to "their previous holder or holders" shall be added ", by the time specified in each of items of Article 4 paragraph 1 according to the classification of shares specified in the same item," .
In Article 20-(2) paragraph 1, "a requirement to restore United Nation's shares or child stocks under the provision of Article 5 paragraph 1 is made" shall be amended as "A requirement to restore United Nation's shares or child stocks is made by restorees or United Nation's government who may require for the restoration of United Nation's shares or child stocks on behalf of the restorees in accordance with the provision of Article 4 paragraph 4" ;in paragraph 2 of the same Article, "notify the restoree" shall be amended as "notify the person who has required for the restoration" ;in paragraph 3 of the same Article, "The restoree," shall be amended as "The person who has, required for the restoration provided for in the preceding paragraph" , "the preceding paragraph" shall be amended as "the same paragraph" , and "the restoree notifies" shall be amended as "the person who has required for the restoration notifies" ;in paragraph 4 of the same Article, "the restoree has notified" shall be amended as "the person who has required for the restoration of the said shares has notified that be would pay" ;in paragraph 5 and paragraph 6 of the same Article, "from the restoree" shall be amended as "from the restorees or United Nation's government who may require restoration of United Nation's shares or child stocks on behalf of restorees under the provision of Article 4 paragraph 4" and "share to the restoree" shall be amended as "share to the person who has required for the restoration" ;in paragraph 12 of the same Article, "in the case where share certificates are delivered to the restoree" shall be amended as "in the case where share certificates are delivered to the person who has required restoration of United Nation's shares or child stocks" and "to shares expressed by the share certificates delivered to the restoree in accordance with the provision of paragraph 5 or 6" shall be amended as "to shares expressed by share certificates delivered, in accordance with the provision of paragraph 5 or 6, to the person who has required the said restoration" .
In Article 20-(3) paragraph 1, "the restoree does not pay" shall be amended as "the person who has required for the restoration of United Nation's shares or child stocks does not pay" ;in paragraph 4 of the same Article, "The restoree who" shall be amended as "The person who has required for the restoration of United Nation's shares or child stocks" and "the restoree's" shall be amended as "the person's" .
In Article 23 paragraph 1, "due to the fact that it has become clear that there is not made a requirement for the restoree as to the restoration of United Nation's shares or child stocks, or due to the fact that the restoree" shall be amended as "due to the fact that the restorees informed to the effect that he does not require for the restoration, of United Nation's shares or child stocks, the fact that requirement for restoration of United Nation's shares or child stocks has become impossible in accordance with the provision of proviso to Article 4 paragraph 1 because a written claim for payment of compensation provided for in Article 15 paragraph 1 of the Allied Powers Property Compensation Law was filed, the fact that the claim for the restoration of United Nation's shares or child stocks has lapsed in accordance with the provision of Article 5 paragraph 1 or 2, or the fact that the person who has required for the restoration of United Nation's shares or child stocks" ;paragraph 2 of the same Article shall be deleted;in paragraph 3 of the same Article, "prescribed in the preceding paragraph" shall be amended as "through the measures prescribed in paragraph 4 item (5) or (7)" , and the same paragraph shall be made paragraph 7 of the same Article;in paragraph 4 of the same Article, "prescribed in paragraph 2" shall be amended as through measures prescribed in paragraph 4 item (7) ", and the same paragraph shall be made paragraph 8 of the same Article;in paragraph 5 of the same Article," , under the provision of paragraph 2, "shall be amended as" , through measures prescribed in paragraph 4 item (4) or (5) ", and the same paragraph shall be made paragraph 9 of the same Article;in paragraph 6 of the same Article," in accordance with the provision of paragraph 2 or 3 "shall be amended as" through measures prescribed in paragraph 4 item (2), (3) or (6) ", or in accordance with the provision of paragraph 7, and the same paragraph shall be made paragraph 10 of the same Article;in paragraph 7 of the same Article, next to" to such cases where "shall be added" shareholders of shares which were identical shares specified in Article 3 paragraph 1 item (1) or (2) and of which requirement for restoration has become impossible in accordance with the provision of proviso to Article 4 paragraph 1 or ", and" pursuant to the provision of paragraph 2 "shall be amended as" through measures prescribed in paragraph 4 item (4).", and the same paragraph shall be made paragraph 11;and next to paragraph 1 of the same Article shall be added the following five paragraphs:
2 In cases where the notice under the provision of the preceding paragraph is made, as to the identical shares if the said shares are, on the day when the notice is made, under custody of the custodian appointed in accordance with the provision of Article 8 paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property, the custodian shall be regarded as having been dismissed on the same day.
3 In the cases where it has become clear that the identical shares prescribed in Article 3 paragraph 1 item (1) or (2) are not required to be restored to restorees due to the fact that the restorees in formed to the effect that they do not require for the restoration, or the fact that the claim for the restoration has lapsed in accordance with the provision of Article 5 paragraph 1 or 2, and where all amount which had been called with respect to the shares prior to the date of the notice under the provision of paragraph 1 has been paid in prior to the said date, the said identical shares shall become owned by the government.
4 In cases where the company provided for in paragraph 1 has received the notice under the provision of the same paragraph, it shall without delay take the measures prescribed in the following items with respect to the shares which, it has become clear, are not required to be restored to restorees:
(1) In cases where the said shares are the shares vested in the Government in accordance with the provision of the preceding paragraph, the company shall, pursuant to the order of the Minister of Finance, deliver certificates of the said shares to the officials concerned;
(2) In cases where the said shares are share which were, at the time of the said notice, the identical shares prescribed in Article 3 paragraph 1 item (1) or (2) and which, it has become clear, are not required to be restored to restorees due to the fact that the restorees in formed to the effect that they do not require for the restoration, or the fact that the claim for the restoration has lapsed in accordance with the provision of Article 5 paragraph 1 or 2, and are such shares of which amount paid in prior to the date of the notice in accordance with the provision of paragraph 1 is less than the amount called prior to the said date, the company shall sell the said shares;
(3) In cases where the said shares are shares which were, at the time of the said notice, the identical shares prescribed in Article 3 paragraph 1 item (1) or (2), and which, it has become clear, are not required to be restored to a restoree due to the failure of the person, who has required for the restoration of the said shares, of payment of the whole or a part of the amount specified in the notice under the provision of Article 18 paragraph 1, by the Minister of Finance, the company shall cancel or sell the said shares;
(4) In cases where the said shares are those which were identical shares prescribed in Article 3 paragraph 1 item (1) or (2) and of which requirement for restoration has become impossible in accordance with the provision of proviso to Article 4 paragraph 1, the company shall deliver the share certificates to shareholders of the said shares;
(5) In cases where the said shares are shares which were the identical shares other than the identical shares prescribed in Article 3 paragraph 1 item (1) or (2) at the time of the said notice, the company shall deliver such share certificates to the person who presented them in accordance with the provision of Article 7 paragraph 1;
(6) In cases where the said shares are the self-acquired or self-reserved shares, the company shall cancel or sell such shares;
(7) In cases where the said shares are the kept shares, the company shall sell the said shares;
(8) In cases where the said shares are the self-kept-shares, the company shall sell the said shares.
5 The provision of Article 21 paragraph 3 shall apply mutatis mutandis to the case of the delivery of share certificates under item (1) of the preceding paragraph.
6 In cases where the issuing company of the shares related to the notice under the provision of paragraph 1 has taken measures prescribed in paragraph 4 item (2), it shall, without delay, pay to the government the amount of the difference between the selling price of the said shares and the amount obtained by deducting the amount paid in prior to the date of the notice concerning the said shares from the amount called prior to the same date. In this case, if the selling price of the said shares is less than the amount obtained by deducting the amount paid in prior to the date of the notice concerning the said shares from the amount called prior to the same date, the company may claim the deficit amount from persons who were share-holders on the date of the said notice.
Article 25 shall be amended as follows:
In Article 32 paragraph 1 next to "the Minister of Finance under paragraph 3" shall be added "or the date of public notification under paragraph 5" ;in paragraph 3 of the same Article, "under the provision of Article 5 paragraph 1" shall be amended as "prescribed in paragraph 1 by the restorees or United Nation's government who may, on behalf of the restorees require in accordance with Article 4 paragraph 4, for the restoration of the shares of companies outside Japan, etc. provided for in paragraph 1" , and "thereof to restorees" shall be amended as "thereof to the person who has required for the said restoration" ;paragraph 5 of the same Article shall be made paragraph 7 of the same Article;and next to paragraph 4 of the same Article shall be added the following two paragraphs:
5 The Minister of Finance shall, when he has been in formed from a restoree to the effect that the restoree does not require for the restoration of shares of companies outside Japan, etc. provided for in paragraph 1, or there are shares of companies outside Japan, etc. provided for in paragraph 1 of which requirement for restoration has become impossible under the proviso to Article 4 paragraph 1 of there are any shares of companies outside Japan, etc. provided for in paragraph 1 of which the claim for the restoration has lapsed in accordance with the provision of Article 5 paragraph 1 or 2, make notification to that effect;
6 In cases where the shares, of which the notification under the provision of the preceding paragraph is made, are placed under custody of the custodian appointed in accordance with the provision of Article 8 paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property on the date of the notification, the said custodian shall be deemed to be dismissed on the same date, and such shares (excluding shares of which requirement for restoration has become impossible in accordance with the provision of proviso to Article 4 paragraph 1) shall be vested in the Government on the said date
In Article 39 item (7), "Article 23 paragraph 4" shall be amended as "Article 23 paragraph 8" .
In Article 40 item (3), "Article 23 paragraph 3 or 4" shall be amended as "Article 23 paragraph 7 or 8" ;and the following one item shall be added to the same paragraph:
(4) In case of failure of paying to the Treasury in violation of the provision of Article 23 paragraph 6.
In Article 43 item (2), "Article 23, paragraph 2" shall be amended as "Article 23 paragraph 4" .
(Transitional Provisions in Consequence of Partial Amendments to the Cabinet Order concerning Restoration of United Nation's Shares)
Article 6. In the case where requirements for restoration of shares have been made, prior to enforcement of this Law, in accordance with the provision of Article 5 paragraph 1 of the Cabinet Order concerning Restoration of United Nation's Shares before amendments (hereinafter referred to as the "Old Order" in this Article) and the restoration of the said shares has not been made by the time of the enforcement of this Law, if the person who made the said requirement is one who may, at the time of the enforcement of this Law, require for restoration of the said shares in accordance with the provision of Article 4 paragraph 1 or 2 of the Cabinet Order concerning Restoration of United Nation's Shares after amendments (hereinafter referred to as "the New Order" in this Article), the requirement for restoration of the said shares shall be respectively regarded, after the enforcement of this Law, as the requirement made in accordance with the provision of Article 4 paragraph 1 or 2 of the New Order.
2 In the case under the preceding paragraph, if shares under the same paragraph are, shares which were designated in accordance with the provision of Article 2 paragraph 1 item (2) of the Old Order, the said shares shall, after the enforcement of this Law, be regarded as shares designated in accordance with the provision of Article 2 paragraph 1 item (2) of the New Order.
3 Requirements for investigation of present status of shares made, prior to the enforcement of this Law, in accordance with the provision of Article 5 paragraph 2 of the Old Order shall, in cases where the person who made the requirements is one who may, at the time of the enforcement of this Law, require for the investigation of present status of the said shares in accordance with the provision of Article 12 paragraph 1 of the Cabinet Order concerning Restoration, Etc. of United Nations Property after amendments, be regarded, after the enforcement of this Law, as the requirement for the investigation of present status of shares made in accordance with the provision of the same paragraph.
4 The provisions of Article 22 paragraph 1, Article 24, Article 26 to Article 28 inclusive, Article 30, Article 31, Article 32 paragraph 5, and Article 35 to Article 37 inclusive, of the Old Order shall be still effective as law, even after the enforcement of this Law, in the case where shares have been restored, prior to the enforcement of this Law, in accordance with the provision of Article 18 paragraph 4, Article 19 paragraph 1, Article 20-(2) paragraph 5, or Article 32 paragraph 3 of the Old Order, and where the said share were, at the time of the restoration, shares which are not included in the United Nation's shares or child stocks provided for in the New Order, or shares of companies outside Japan, etc. provided for in Article 32 paragraph 1 of the New Order.
5 The provisions of Article 23 (including the penal provisions relating thereto) of the Old Order shall be still effective as law, even after the enforcement of this Law, in the case where the Minister of Finance has made, in accordance with the provision of Article 23 paragraph 1 of the Old Order, notice, prior to the enforcement of this Law, of the shares which are not included in the United Nation's Shares or child stocks provided for in the New Order.
6 The provisions of the Old Order shall be still effective as law even after the enforcement of this Law in the case where requirements for restoration of shares have been made, prior to the enforcement of this Law, in accordance with the provision of Article 5 paragraph 1 of the Old Order and where the person who made the requirements is, at the time of the enforcement of this Law, not one who may require for restoration of the shares in accordance with the provision of Article 4 paragraph 1 or 2 of the New Order and where the restoration of the said shares has not been made by the time of the enforcement of this Law.
7 In cases where, among shares of which requirement for restoration has been made, prior to the enforcement of this Law, in accordance with the provision of Article 5 paragraph 1 of the Old Order and restoration of which has not been made by the time of the enforcement of this Law, there are such shares as not included in shares prescribed in the items of Article 2 paragraph 1, of the New Order, the Minister of Finance shall make a notification to that effect immediately after the enforcement of this Law.
8 With respect to United Nation'shares or child stocks provided for in the Old Order (excluding those prescribed in Article 3 paragraph 1 item (1) or (2) of the Old Order) which are not included, in consequence of the enforcement of this Law, in the United Nation's shares or child stocks provided for in the New Order and of which requirement for restoration under the provision of Article 5 paragraph 1 of the Old Order, has not been made, by the time of the enforcement of this Law, they shall be regarded that there has been made, on the date of enforcement of this Law, the notice under the provision of Article 23 paragraph 1 of the New Order, to the effect that it has become clear that the said shares are not required to be restored to a restoree due to the fact that the restoree in formed to the effect that he does not require for the restoration of the said shares.
9 In the case where juridical persons or other entities specified in Article 2 paragraph 2 item (5) of the Cabinet Order concerning Restoration, Etc. of United Nations Property before amendments which owned shares provided for in Article 4 item (1) or (2) of the Old Order at the time specified in the same item according to the classification of the shares prescribed in these items which were, at the said time, not United Nations nationals, etc. provided for in Article 1-(3) paragraph 3, or their universal successors provided for in Article 4 paragraph 5 of the New Order, have got restoration of the said shares or other shares substituted therefor provided for in Article 2 paragraph 3 of the Old Order in reply to requirement for restoration made, prior to enforcement of this Law, in accordance with the provision of Article 5 paragraph 1 of the Old Order, or have received restoration of the said shares or other shares substituted therefor through the measure taken in accordance with the order prescribed in Article 2 paragraph 1 of the abrogated Imperial Ordinance on Returning, etc. of Allied Nations Property, if the amount corresponding to the price at which enemy property custodians provided for in Article 4 paragraph 1 of the abrogated Imperial Ordinance relative to the Enforcement of the Enemy Property Custody Law, the said juridical persons or other entities, their universal successors or quasi-enemy property custodians provided for in Article 3 paragraph 1 item (5) of the Old Order sold the said shares or other shares substituted therefor (in the case where the proceeds have been paid into the Special Property Administration Account in the Bank of Japan, only such portion as reimbursed to the said juridical persons or other entities or their universal successors out of the fund in the said account corresponding to the said proceeds is referred to.) exceeds the amount paid in with regard to the said shares or other shares substituted therefor from the time specified in Article 4 item (1) or (2) of the Old Order according to the classification of the shares stated in the item of the same Article to the time of the said sale, the Minister of Finance may require the said juridical persons or other entities or their universal successors to pay the difference of money in excess.
(Partial Amendments to the German Property Custody Order)
Article 7. The German Property Custody Order (Cabinet Order No.252 of 1950) shall be partially amended as follows:
Article 1 shall be amended as follows:
(Purpose)
Article 1. The purpose of this Cabinet Order is to provide for, in accordance with the provisions of Article 20 of the Treaty of Peace with Japan, necessary matters to administer German Property and to dispose of German Property in accordance with the decisions of the United States of America, United Kingdom of Great Britain and North Ireland and France which are entitled under the a Protocol of the proceedings of the Berlin Conference of 1945 to dispose of, German property (horeinafter referred to as "Three Countries" ).
In Article 2 paragraph 8, "demand of the Supreme Commander for the Allied Powers" shall be amended as "request of the Three Countries" .
In Article 4 paragraph 1, "United States of America, United Kingdom and France (hereinafter referred to as" Three Countries ")" shall be amended as "Three Countries" .
In Article 12, "transferred by the Supreme Commander for the Allied Powers," shall be deleted.
In Article 14-(2) paragraphs 1 and 3, "Supreme Commander for the Allied Powers" shall be amended as "Three Countries" .
In Article 16-(2) paragraph 1, "the Supreme Commander for the Allied Powers" shall be amended as "Three Countries" .
In Article 22 paragraph 1, paragraph 3 and paragraph 4, Article 22-(2) paragraph 1 to paragraph 3 inclusive and Article 24 paragraph 1, "the Supreme Commander for the Allied Powers" shall be amended as "Three Countries" , and "demand" shall be amended as "request" ;and in paragraph 2 of the same Article, "demand" shall be amended as "request" .
In Article 28-(2), "under the instructions of the Supreme Commander for the Allied Powers" shall be amended as "with a recognition of Three Countries" .
In the heading of Article 30, "Registration" shall be amended as "Registration and Record" ;and in paragraph 1 of the same Article, "rights relating to immovables which are property of German Nationals, have" shall amended as "German property has" , and "registrations" shall be amended as "registration or record" ;in paragraph 3 of the same Article, "In the case where rights relating to immovables which are German property have been disposed of by Supreme Commandes for the Allied Powers" , shall be amended as "In the case where disposition of German property has been made" , and "registrations" shall be amended as "registration or record" ;in paragraph 4 of the same Article, "rights concerning immovable property which is" shall be deleted, and "registrations" shall be amended as "registration or record" ;in paragraph 5 of the same Article, "registration" shall be amended as "registration or recod" ;in paragraph 6 of the same Article, "as obligee of registration" shall be amended as "as obligee of registration or record" , and "registration" shall be amended as "registration or record" ;in paragraph 7 of the same Article, "registrations" shall be amended as "registration or record" ;in paragraph 14 and paragraph 15 of the same Article, "the Supreme Commander for the Allied Powers" shall be amended as "Three Countries"
In Article 31 paragraph 3, "or the registration of closing of business places" shall be deleted.
Article 33 shall be amended as follows:
(Detailed Provisions for Registration and Record)
Article 33. Necessary matters for the procedures of registration and record under the provisions of Article 30 and Article 31 shall be provided for by Attorney-General's Office Ordinance with respect to registration;by Attorney-General's Office Ordinance and Ministry of Finance Ordinance with respect to record of debentures, public bonds, bonds issued by juridical persons under special laws and public bonds or debentures issued by foreign countries or foreign juridical persons;by Ministry of Finance Ordinance with respect to record of national bonds, by Ministry of Education Ordinance with respect to record of copy rights, by Ministry of Agriculture and Forestry Ordinance with respect to record of fishing rights;by Ministry of International Trade and Industry Ordinance with respect to mining rights, patent, utility model, design, and trade marks, and by Ministry of Transportation Ordinance with respect to record of vessels.
In Article 34, "registration" shall be amended as "registration or record" .
Article 36 shall be amended as follows:
(Competent Minister and Competent Ministerial Ordinance)
Article 36. The competent Minister in this Cabinet Order shall be the Minister of Finance.
2 The competent Ministerial Ordinance in this Cabinet Order shall be Ministry of Finance Ordinance.
(Transitional Provisions in Consequence of Partial Amendments to the German Property Custody Order)
Article 8. Designation by the competent Minister, made prior to enforcement of this Law in accordance with the provision of Article 2 paragraph 8 of the German Property Custody Order before amendments (hereinafter referred to as the "Old Order" in this Article), shall be deemed, after the enforcement of this Law, to be designation made by the competent Minister in accordance with the provision of Article 2 paragraph 8 of the German Property Custody Order after amendments (hereinafter referred to as the "New Order" in this Article).
2 Demand, requirement or request by the Supreme Commander for the Allied Powers, made prior to the enforcement of this Law in accordance with the provisions of Article 2 paragraph 8, Article 14-(2) paragraph 1 and paragraph 3, Article 16-(2) paragraph 1, Article 22 paragraph 1, paragraph 3 and paragraph 4, Article 22-(2) paragraph 1 and paragraph 2, and Article 30 paragraph 14 and paragraph 15 of the Old Order, shall be deemed, after the enforcement of this Law, to be requirement or request by Three Countries as provided for in Article 2 paragraph 8, Article 14-(2) paragraph 1 and paragraph 3, Article 16-(2) paragraph 1, Article 22 paragraph 1, paragraph 3 and paragraph 4, Article 22-(2) paragraph 1 and paragraph 2, and Article 30 paragraph 14 and paragraph 15 of the New Order respectively.
3 The provision of Article 12 of the Old Order shall be still effective even after the enforcement of this Law with respect to the property which has been transferred by the Supreme Commander for the Allied the Powers prior to the enforcement of this Law.
4 The provisions of Article 24 of the Old Order shall be still effective even after the enforcement of this Law with respect to the case where it has become clear, prior to the enforcement of this Law, that there is no demand concerning child stocks by the Supreme Commander for the Allied Powers as provided for in paragraph 1 of the said Article.
5 The provisions of Article 28-(2) of the Old Order shall be still effective even after the enforcement of this Law with respect to the acts done in connection with commodities of which permission of importation provided for in paragraph 1 of the said Article has been given prior to the enforcement of this Law.
6 Instructions by the Supreme Commander for the Allied Powers given, prior to the enforcement of this Law, in accordance with Article 28-(2) paragraph 1 of the Old Order shall be deemed, after the enforcement of this Law, to be recognition made by the Three Countries provided for in Article 28-(2) paragraph 1 of the New Order.
7 The provisions of Article 30 paragraph 3, paragraph 7 to paragraph 9 inclusive, and Article 34 of the Old Order shall be still effective even after the enforcement of this Law with respect to registration of transfer of rights effected in the case where the Supreme Commander for the Allied Powers, prior to the enforcement of this Law, disposed of rights relating to immovables which are German properties.
(Cabinet Orders to Be Effective in Future)
Article 9. The provisions of the Cabinet Orders provided for in Article 1, Article 4, Article 5 and Article 7 shall be effective as laws on and after the day of the first coming into force of the Treaty of Peace with Japan.
(Abolishment of the Ordinance concerning the Impounding and Reporting of Looted Property)
Article 10. The Ordinance concerning the Impounding and Reporting of Looted Articles (Ministry of Home Affairs Ordinance No.25 of 1946) shall be abolished.
(Transitional Provisions in Consequence of Abolition of the Ordinance concerning the Impounding and Reporting of Looted Articles)
Article 11. The provisions of Article 4 to Article 6 inclusive of the abrogated Ordinance concerning the Impounding and Reporting of Looted Property (hereinafter referred to as the"Old Ordinance in this Article) shall be still effective even after the enforcement of this Law with regard to the property presentation of which was ordered, prior to enforcement of this Law, by governor of To, Do, Fu or prefecture in accordance with the provision of Article 4 paragraph 1 of the Old Ordinance.
2 Properties, which governor of To, Do, Fu or prefecture confiscated in accordance with the provision of Article 4 paragraph 1 of the Old Ordinance prior to enforcement of this Law and which he was ordered, by the Supreme Commander for the Allied Powers, prior to the enforcement of this Law, to deliver to United Nations mission appointed or approved by the Supreme Commander for the Allied Powers (meaning United Nations provided for in Article 25 of the Treaty of Peace with Japan) and which have not been delivered, and properties which, after the enforcement of this Law, he confiscated in accordance with the provision of Article 4 paragraph 1 of the Old Ordinance which is still effective in accordance with the provision of the preceding paragraph and which he was ordered, by the Supreme Commander for the Allied Powers prior to the enforcement of this Law, to deliver to the said United Nations mission concerned, shall be delivered by Governor of To, Do, Fu or Prefecture to United Nations Government concerned.
(Transitional Provisions concerning Penal Provisions)
Article 12. Except in the cases provided for in Article 6 paragraph 3 and paragraph 1 of the preceding Article, the old provisions shall still prevail with regard to the application of penal provisions to actions committed prior to the enforcement of this Law.
(Delegation of Transitional Measures to Cabinet Order)
Article 13. Other than those prescribed in Article 2, Article 6, Article 8, Article 11 and the preceding Article, transitional necessary measures in consequence of the enforcement of this Law shall be provided for by Cabinet Orders.