763.72113 Au 7/24
The Secretary of State to the Austrian Minister ( Prochnik )
Sir: I have the honor to refer to your note of April 19, 1928, in relation to the possible effect of the provisions of Subsection d, Section 10, of the “Settlement of War Claims Act of 1928”, upon Austrian owned property and to inform you that the Department has just received a letter from the Alien Property Custodian18 in which he expresses the opinion that the provisions of Section 25 of the Trading With The Enemy Act as amended by the legislation in question, has reference to German owned property and does not relate to Austrian property. He observes that Austrian owned property may be credited where the citizenship of the persons is not stated or shown. The specific questions raised by you in your letter of April 19, are answered by the Alien Property Custodian as follows:
- (1)
- If the claimant had described all of his property in the old notice of claim no new claim would be required of an Austrian citizen. However, if the claimant has failed to describe his property it would be better that he file a new claim or an amended claim.
- (2)
- Question number one answers question number two, with the exception of that part relating to forms for filing claims and instructions relative thereto. Since there is no deduction of 20% to be made on Austrian property new forms will not be required where the claimant is a citizen of Austria. We shall be glad to furnish any new forms you may desire but since there has been no change in the form for an Austrian claimant I take it that no new blanks will be desired.
- (3)
- With reference to interest which accrued prior to March 4, 1923, interest will be returned on the claim which has heretofore been filed.
- (4)
- If an Austrian citizen has property in more than one trust and has filed claim under the Winslow Act for $10,000, but has failed to describe all of his property held in the various trusts it will be necessary for him to file an amended claim describing all of the property.
The Alien Property Custodian states that his office is not in a position at this time to furnish a list of Austrian owners of property, but that he will be glad in due course to cooperate in the matter.
Accept [etc.]
- Letter not printed.↩