shall be executed by the person entitled to payment as provided in § 250.4 and returned to the Investments Branch with the relevant information and the appropriate supporting documents required by that section.

§ 250.4 Payment on awards.

Payment will be made only to the person or persons on behalf of whom the award is made, except in the following circumstances:

(a) If such person is incompetent, payment will be made to his guardian, committee, or other equivalent legal representative. The law of the residence of the incompetent will determine whether the legal representative must be courtappointed. If court appointment is required, the legal representative shall submit a certificate of the clerk of the appointing court, under its seal, dated within 6 months of the date of the voucher application for payment, showing that his appointment is in full force and effect. If court appointment is not required, the legal representative shall submit a notarized statement showing (1) his relationship to the incompetent; (2) the name and address of the person having care and custody of the incompetent; (3) that any money received will be applied to the use and benefit of the incompetent, and (4) that there was no appointment of a guardian or committee.

(b) If such person is deceased, payment will be made to his legal representative.

(1) If any payment to be made is not over $1,000 and there is no qualified executor or administrator, the legal representative will be the person found by the Comptroller General to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates, upon execution and submission of Standard Form No. 1055 to the Investments Branch for transmittal to the Comptroller General. That form is available from the Investments Branch.

(2) In all other cases, the term legal represenative shall include court-appointed or statutory administrators or executors, and successors in interest of the decedent, e.g., his legatees or heirs as determined by an appropriate court or by the law of his residence. If administration of the decedent's estate is closed, the legal representative shall submit a

copy of the appropriate court's final order of distribution or other pertinent order, identifying the distributees and their addresses. If administration continues and the legal representative is court-appointed, he shall submit a certificate of the clerk of the appointing court, under its seal, dated within 6 months of the date of the voucher application for payment, showing that such appointment is in full force and effect. If the legal representative is not court-appointed, he shall submit evidence sufficient to prove his interest and authority to apply for payment. If that evidence is a copy of the decedent's will, it shall show on its face or by attachments thereto that it has been offered for probate, and that the appropriate court has affixed its seal and attached its certification of authenticity that the will is in fact the decedent's last will and testament. (c) [Reserved]

(d) [Reserved]

(e) In the case of a partnership or corporation, the existence of which has been terminated, if a receiver or trustee has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment will be made to such receiver or trustee in accordance with the order of the court. In the event a receiver or trustee duly appointed by a court of competent jurisdiction in the United States makes an assignment of the claim or any part thereof with respect to which an award is made, or makes an assignment of such award or any part thereof, payment will be made to the assignee as his interest may appear. In the latter circumstance, certified copies of the court orders showing the authority of the receiver or trustee to make the assignment shall be submitted with the assignment. No particular form of assignment is prescribed, but the original assignment must be submitted to, and will be retained by the Treasury Department.

(f) In the case of a partnership or corporation, the existence of which has been terminated, if no receiver or trustee has been duly appointed by a court of competent jurisdiction in the United States, or if such a receiver or trustee has been discharged prior to the date of payment without having made an assignment, payment may be made to the person or persons found by the Comptroller

General of the United States to be entitled thereto. In this circumstance, the person or persons claiming payment shall submit to the Investments Branch, Bureau of Accounts, Treasury Department, Washington, D.C. 20226, such documentary evidence as is appropriate to show his or their right to the payment.

(g) In the case of an assignment of an award or any part thereof which is made in writing and duly acknowledged and filed after such award is certified to the Secretary of the Treasury, payment may in the discretion of the Secretary of the Treasury be made to the assignee as his interest may appear. No particular from of assignment is prescribed, but the original assignment must be submitted to, and will be retained by the Treasury Department.

[Dept. Circ. 881, Rev., 31 F.R. 9418, July 9, 1966, as amended at 34 F.R. 1897, Feb. 8, 1969]

§ 250.5

Manner of payment.

Payment will be made by check drawn on the Treasurer of the United States. Checks will be mailed to the payee at the address indicated on the voucher application, unless subsequent to the issue of the voucher application the Treasury Department receives a written request from the payee to deliver the check to him at some other address. Where the award has been entered in favor of more than one person, only one check will be drawn in making payment unless the payees specify the share of each and request separate checks. § 250.6

Powers of attorney.

§ 251.2

Payments not applied for.

Where no application form, properly executed by the person(s) entitled to receive an award payment on account of interest, has been received by the Treasury Department for 5 years from the date of the last payment on that award, the current payment due and payments past due but undisbursed shall, in an amount not exceeding the remaining interest-bearing principal of the award, be deemed unclaimed moneys.

§ 251.3 Deposit in trust fund.

Amounts deemed unclaimed moneys under 251.2 shall be transferred from the German Deposit Fund to the trust fund hereby established on the books of the Treasury Department to receive them. Such transfer and deposit shall constitute payment of interest on any award to reduce its interest-bearing principal as provided in section 4(c) (8) of the Settlement of War Claims Act of 1928, as amended. The amounts so deposited shall be held in trust for the awardholder or the successor(s) in interest of the awardholder.

(Sec. 20, 48 Stat. 1233, as amended; 31 U.S.C. 725s)

checks payable in Philippine pesos drawn on a general depositary of the United States Government in the Republic of the Philippines. Purchases of Philippine pesos required for payments shall be made, as claims are certified by the Foreign Claims Settlement Commission, by issuance of U.S. dollar checks to the Central Bank of the Philippines at the interbank rate for pesos on the dates of purchases. Amounts certified in U.S. dollars by the Foreign Claims Settlement Commission shall be converted into Philippine pesos on the basis of the rate at which the pesos to be disbursed were acquired.

(c) U.S. dollar payments. Payments certified by the Foreign Claims Settlement Commission for payment to claimants residing outside the Republic of the Philippines shall be made by U.S. dollar checks.

AMENDMENT, REVISION OR WAIVER OF REGULATIONS

nationals on claims against the Government of Mexico are issued under authority contained in section 161 of the Revised Statutes (5 U.S.C. 22), the act of April 10, 1935 (49 Stat. 149), the Joint Resolution of August 25, 1937 (50 Stat. 783), and the Settlement of Mexican Claims Act of 1942 (56 Stat. 1058; 22 U.S.C. 661-672).

(b) Forms to be used. Form of vouchers, affidavits and certificates prescribed by the Secretary of the Treasury should be used in connection with payments of awards and appraisals hereunder. Copies of such forms may be obtained from the Commissioner of Accounts, Treasury Department, Washington, D.C., 20226.

(c) Authentication of documents. All copies of records and documents submitted in connection with the execution of vouchers must be properly authenticated.

§ 254.2 Execution of vouchers.

(a) Necessity for signature of vouchers. No payment of any part of the amount due in respect of an award or appraisal will be made unless a voucher therefor properly executed (preferably in ink or indelible pencil) is received by the Secretary of the Treasury. A single voucher for each part of an award or appraisal as funds become available for payment must be signed by each person in whose favor the award or appraisal was made. Each such person must sign the voucher and verify it by an affidavit sworn to before an officer authorized by law to adminster oaths. If executed abroad, the affidavit must be sworn to before a diplomatic or consular officer of the United States, or, if such officer is not available, before any officer authorized by the laws of the foreign country to administer oaths, but his official character and jurisdiction must be certified by a United States diplomatic or consular officer under seal of his office. In the case of a corporation, the voucher must be signed by the appropriate officer or officers thereof having authority to do so, which officer or officers shall verify the voucher by affidavit sworn to as above prescribed, and the voucher must also be accompanied by a duly executed certificate, under the seal of the corporation, certifying to the authority of such officer or officers to execute such voucher and affidavit on behalf of the corporation.

(b) Method of signature. (1) The voucher must be signed by each person exactly as his name appears as "payee❞ therein. If any difference occurs between the name of the "payee" in the voucher and the signature to the voucher, appropriate evidence explaining the discrepancy must be furnished. Affidavits of two other persons in position to know the facts, stating of their own knowledge that the person signing the voucher is the person designated therein as "payee," and indicating the reasons for the discrepancy, will ordinarily be sufficient.

(2) A signature by mark (X) must be witnessed by two persons in addition to the officer before whom the affidavit is executed and the signature and address of each such witness should appear on the voucher and the affidavit.

(a) To whom made. Payments shall be made only to the person or persons on behalf of whom the award or appraisal is made except in the following circumstances:

(1) If such person is deceased and if the amount to be disbursed at any one time is in excess of $500.00, or, if such person is under a legal disability, payment shall be made to his legal representative. The voucher shall be executed by such legal representative and he shall verify the voucher by an appropriate affidavit. In addition, such legal representative shall submit with the voucher a copy of the order or letters of his appointment and a certificate of the clerk of the appointing court, dated not more than six months prior to the date of execution of the voucher, to the effect that such legal representative has not been discharged.

(2) If such person is deceased, the amount to be disbursed at any one time is not over $500.00 and there is no qualified executor or administrator, or, if an award or appraisal has been made to the estate of a decreased person and there has been no administration of such person's estate, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto. Evidence should be submitted to establish that administration of the estate of the decedent is not required under the laws of the decedent's domicile, that the debts of the decedent and of his estate have been paid or pro

vided for, and that the person or persons who signed the voucher are entitled to receive payment on the award or appraisal. Such evidence will, in general, include affidavits of the person or persons claiming to be entitled to the award or appraisal setting forth the facts in detail, supported by affidavits of at least two other persons having personal knowledge of such facts, and by the official certificate or other proof of the death of the decedent. Wherever possible such supporting affidavit should be executed by public officers of the United States, or executive officers of incorporated banks or trust companies, and where this is not possible the affidavits of the person or persons claiming to be entitled to payment should so state. Upon request there must also be submitted an affidavit or certificate from a practicing attorney or judicial officer of the State of the decedent's domicile, showing that administration of the estate of the decedent is not required under the laws of the decedent's domicile and that the person or persons signing the voucher are entitled to receive payment on the award or appraisal, and referring specifically to any pertinent statutes and judicial decisions of the courts of such State.

(3) If an award or appraisal has been made to the estate of a decreased person and the administration of such person's estate has been terminated, payment may be made to such person or persons found by the Secretary of the Treasury to be legally entitled thereto. In such case, there should be submitted with the voucher a copy of the order of distribution or any other pertinent orders in administration proceedings sufficient to prove the authority and interest of the person or persons executing the voucher, together with an appropriate affidavit verifying that the person executing the affidavit is the person who signed the voucher and is entitled under such order to receive the payement described in the voucher.

(4) In the case of a partnership or corporation, the existence of which has been terminated, payment shall be made (except as provided in subparagraphs (5) and (6) of this paragraph) to the person or persons found by the Secretary of the Treasury to be entitled thereto. In such case, the voucher should be accompanied by complete evidence of the authority and interest of the person or persons signing it.

(5) If a receiver or trustee for the partnership or corporaton on behalf of which the award or appraisal was made has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to the receiver or trustee or in accordance with the order of the court. In such case, the voucher should be accompanied by a certified copy of the order of the court appointing such receiver or trustee and a certificate of the clerk of such court, dated not more than six months prior to the date of execution of the voucher, to the effect that such receiver or trustee has not been discharged.

(6) In the case of an assignment of an award or appraisal, or any part thereof, or an assignment (prior to the making of the award or the appraisal) of the claim, or any part thereof, in respect of which the award or appraisal was made, by a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, such payment shall be made to the assignee, as his interest may appear. In such case, the voucher should be accompanied by certified copies of the court's orders appointing the receiver or trustee and authorizing or confirming the assignment and by the original instrument of assignment.

(7) In the case of an assignment of an award or appraisal, or any part thereof, after its certification to the Secretary of the Treasury, made in writing and duly acknowledged and filed, payment may, in the discretion of the Secretary of the Treasury, be made to the assignee, as his interests may appear.

(b) Forwarding of vouchers. The voucher and all related papers should be transmitted to the Commissioner of Accounts, Treasury Department, Washington, D.C. 20226.

(c) Manner of payment. Payment will be made by check drawn on the Treasurer of the United States. Checks will be mailed to the payee at the address indicated in the voucher unless subsequent to the execution of the voucher the Treasury Department receives a written request from the person entitled to receive payment to deliver the check to him at some other address. Where the award has been entered in favor of more than one person, only one check will be drawn in making payment, except that if the persons entitled to receive payment specify the share of