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sides or transacts business. Such court, notices and other papers, is received by pursuant to the provisions of Public Law the Commission. 696, 81st Congress, approved August 16, (f) Service by telegraph. Service by 1950, 50 U.S.C. App. 2001 (d), may issue telegraph shall be regarded as complete an order requiring such person to appear when deposited with a telegraph comat the designated place of hearing, ex pany properly addressed and with amination or investigation, then and charges prepaid. there to give or produce testimony or (g) Service by publication. Service by documentary evidence concerning the publication is complete when due notice matter in question. Any failure to obey shall have been given in the publication such an order may be punished by the for the time and in the manner provided court as a contempt thereof. All proc by law or rule. esses in any such case may be served in (h) Date of service. The date of serythe judicial district wherein such person ice shall be the day upon which the docuresides or transacts business or wher ment is deposited in the United States ever such person may be found.

mail or delivered in person, as the case

may be. $ 501.3 Service of process.

(i) Filing with Commission. Papers (a) By whom served. The Commis required to be filed with the agency shall sion shall serve all orders, notices and be deemed filed upon actual receipt by other papers issued by it, together with the Commission accompanied by proof any other papers which it is required by of service upon parties required to be law to serve.

served. Upon such actual receipt the (b) Kinds of service. Subpoenas, or filing shall be deemed complete as of the ders, rulings, and other processes of the date of deposit in the mail or with the Commission, may be served by delivering telegraph company as provided in parain person, by first class or registered graphs (e) and (f) of this section. mail, or by telegraph or by publications.

$ 501.4 Witnesses. (c) Personal service. Service by delivering in person may be accomplished

(a) Examination of witnesses. Witby:

nesses shall appear in person and be (1) Delivering a copy of the document

examined orally under oath, except that to the person to be served, to a member

for good cause shown, testimony may be of the partnership to be served, to an

taken by deposition. executive officer, or a director of the

(b) Witness fees and mileage. Witcorporation to be served or to a person

nesses summoned by the Commission on competent to accept service; or

its own behalf or on behalf of a claim(2) By leaving a copy thereof at the

ant or interested party shall be paid the residence, principal office or place of busi

same fees and mileage that are allowed ness of such person, partnership, or cor

and paid witnesses in the District Courts poration.

of the United States. Witness fees and (3) Proof of service. The return re

mileage shall be paid by the Commisceipt for said order, other process or sup

sion or by the party at whose request

the witness appears. porting papers, or the verification by the person serving, setting forth the manner

(c) Transcript of testimony. Every of said service, shall be proof of the

person required to attend and testify or service of the document.

to submit documents or other evidence (4) Service upon attorney or agent.

shall be entitled to retain or, on pay

ment of prescribed costs, procure a copy When any party has appeared by an authorized attorney or agent, service

of transcript of his testimony or the

documents produced. upon such attorney or agent shall be deemed service upon the party.

$ 501.5 Depositions. (d) Service by first class mail. Service

(a) Application to take. (1) An apby first class mail shall be regarded as plication to take a deposition shall be in complete, upon deposit in the United writing setting forth the reason why States mall properly stamped and ad such deposition should be taken, the dressed.

name and address of the witness, the (e) Service by registered mail. Sery matters concerning which it is expected ice by registered mail shall be regarded the witness will testify, and the time as complete on the date the return post and place proposed for the taking of the office registered receipt for said orders, deposition, together with the name and

address of the person before whom it is given by the witness and that said officer desired that the deposition be taken. If is not counsel or attorney to any of the such deposition is being offered in con interested parties. The officer shall imnection with a hearing or examination, mediately seal and deliver an original the application for deposition shall be and two copies of said transcript, tomade to the Commission at least 15 days gether with his certificate, by registered prior to the proposed date of such hear mail to the Foreign Claims Settlement ing or examination.

Commission, Washington, D.C., or to the (2) Application to take a deposition field office designated. may be made during a hearing or exami (d) Admissibility in evidence. The nation, or subsequent to a hearing or deposition shall be admissible in eviexamination only where it is shown for dence, subject to such objections to the good cause that such testimony is essen questions and answers as were noted at tial and that the facts as set forth in the time of taking the deposition, or the application to take the deposition within ten (10) days after the return were not within the knowledge of the thereof, and would be valid were the witperson signing the application prior to ness personally present at the hearing. the time of the hearing or examination. (e) Errors and irregularities. All er

(3) The Commission or its represent rors or irregularities occurring shall be ative shall, upon receipt of the applica deemed waived unless a motion to suption and a showing of good cause, make press the deposition or some part thereof and cause to be served upon the parties is made with reasonable promptness after an order which will specify the name of such defect is, or with due diligence the witness whose deposition is to be might have been, ascertained. taken, the time, the place, and where (f) Scope of use. The deposition of practicable the designation of the officer a witness, if relevant, may be used if the before whom the witness is to testify. Commission finds: (1) That the witness Such officer may or may not be the one has died since the deposition was taken; specified in the application. The order or (2) that the witness is beyond a disshall be served upon all parties at least tance greater than 100 miles radius of 10 days prior to the date of the taking Washington, D.C., the designated field of the deposition.

office or the designated place of the (b) Who may take. Such deposition hearing; or (3) that the witness is unmay be taken before the designated of able to attend because of other good ficer or, if none is designated, before cause shown. any officer authorized to administer (g) Interrogatories and cross-interoaths by the laws of the United States. rogatories. Depositions may also be If the examination is held in a foreign taken and submitted on written intercountry, it may be taken before a secre rogatories in substantially the same tary of an embassy or legation, consul manner as depositions taken by oral exgeneral, consul, vice consul, or consular aminations. When a deposition is taken agent of the United States.

upon interrogatories and cross-inter(c) Examination and certification of rogatories, none of the parties shall be testimony. At the time and place speci present or represented, and no person, fied in said order the officer taking such other than the witness, and his repredeposition shall permit the witness to sentative or attorney, a stenographic rebe examined and cross-examined under porter and the presiding officer, shall be oath by all parties appearing, and his present at the examination of the wittestimony shall be reduced to writing ness, which fact shall be certified by such by, or under the direction of, the presid officer, who shall propound the intering officer. All objections to questions rogatories and cross-interrogatories to or evidence shall be deemed waived un the witness in their order and reduce the less made in accordance with paragraph testimony to writing in the witness' own (d) of this section. The officer shall not words. have power to rule upon any objections (h) Fees. A witness whose deposition but he shall note them upon the deposi is taken pursuant to the regulations in tion. The testimony shall be subscribed this part and the officer taking the by the witness in the presence of the deposition, shall be entitled to the same officer who shall attach his certificate fees and mileage allowed and paid for stating that the witness was duly sworn like service in the United States District by him, that the deposition is a true Court for the district in which the deprecord of the testimony and exhibits osition is taken. Such fees shall be paid

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sides or transacts business. Such court, pursuant to the provisions of Public Law 696, 81st Congress, approved August 16, 1950. 50 U.S.C. App. 2001 (d), may issue an order requiring such person to appear at the designated place of hearing, examination or investigation, then and there to give or produce testimony or documentary evidence concerning the matter in question. Any failure to obey such an order may be punished by the court as a contempt thereof. Al drocesses in any such case may be served in the judicial district wherein such person resides or transacts business or wherever such person may be found. $ 501.3 Service of process.

(a) By whom served. The Commission shall serve all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve.

(b) Kinds of service. Subpoenas, orders, rulings, and other processes of the Commission, may be served by delivering in person, by first class or registered mail, or by telegraph or by publications.

(c) Personal service. Service by delivering in person may be accomplished

by:

notices and other papers, is received by the Commission.

(f) Service by telegraph. Service by telegraph shall be regarded as complete when deposited with a telegraph company properly addressed and with charges prepaid.

(g) Service by publication. Service by publication is complete when due notice shall have been given in the publication for the time and in the manner provided by law or rule.

(h) Date of service. The date of seryice shall be the day upon which the document is deposited in the United States mail or delivered in person, as the case may be.

(i) Filing with Commission. Papers required to be filed with the agency shall be deemed filed upon actual receipt by the Commission accompanied by proof of service upon parties required to be served. Upon such actual receipt the filing shall be deemed complete as of the date of deposit in the mail or with the telegraph company as provided in paragraphs (e) and (f) of this section. $ 501.4 Witnesses.

(a) Examination of witnesses. Witnesses shall appear in person and be examined orally under oath, except that for good cause shown, testimony may be taken by deposition.

(b) Witness fees and mileage. Witnesses summoned by the Commission on its own behalf or on behalf of a claimant or interested party shall be paid the same fees and mileage that are allowed and paid witnesses in the District Courts of the United States. Witness fees and mileage shall be paid by the Commission or by the party at whose request the witness appears.

(C) Transcript of testimony. Every person required to attend and testify or to submit documents or other evidence shall be entitled to retain or, on payment of prescribed costs, procure a copy of transcript of his testimony or the documents produced. $ 501.5 Depositions.

(a) Application to take. (1) An application to take a deposition shall be in writing setting forth the reason why such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition, together with the name and

(1) Delivering a copy of the document to the person to be served, to a member of the partnership to be served, to an executive officer, or a director of the corporation to be served or to a person competent to accept service; or

(2) By leaving a copy thereof at the residence, principal office or place of business of such person, partnership, or corporation.

(3) Proof of service. The return receipt for said order, other process or supporting papers, or the verification by the person serving, setting forth the manner of said service, shall be proof of the service of the document.

(4) Service upon attorney or agent. When any party has appeared by an authorized attorney or agent, service upon such attorney or agent shall be deemed service upon the party.

(d) Service by first class mail. Service by first class mail shall be regarded as complete, upon deposit in the United States mall properly stamped and addressed.

(e) Service by registered mail. Service by registered mail shall be regarded as complete on the date the return post office registered receipt for said orders,

address of the person before whom it is desired that the deposition be taken. It such deposition is being offered in connection with a hearing or examination, the application for deposition shall be made to the Commission at least 15 days prior to the proposed date of such hearing or examination.

(2) Application to take a deposition may be made during a hearing or examination, or subsequent to a hearing or examination only where it is shown for good cause that such testimony is essential and that the facts as set forth in the application to take the deposition were not within the knowledge of the person signing the application prior to the time of the hearing or examination.

(3) The Commission or its representative shall, upon receipt of the application and a showing of good cause, make and cause to be served upon the parties an order which will specify the name of the witness whose deposition is to be taken, the time, the place, and where practicable the designation of the officer before whom the witness is to testify. Such officer may or may not be the one specified in the application. The order shall be served upon all parties at least 10 days prior to the date of the taking of the deposition.

(b) Who may take. Such deposition may be taken before the designated officer or, if none is designated, before any officer authorized to administer oaths by the laws of the United States. If the examination is held in a foreign country, it may be taken before a secretary of an embassy or legation, consulgeneral, consul, vice consul, or consular agent of the United States.

(c) Examination and certification of testimony. At the time and place specified in said order the officer taking such deposition shall permit the witness to be examined and cross-examined under oath by all parties appearing, and his testimony shall be reduced to writing by, or under the direction of, the presiding officer. All objections to questions or evidence shall be deemed waived unless made in accordance with paragraph (d) of this section. The officer shall not have power to rule upon any objections but he shall note them upon the deposition. The testimony shall be subscribed by the witness in the presence of the officer who shall attach his certificate stating that the witness was duly sworn by him, that the deposition is a true record of the testimony and exhibits

given by the witness and that said officer is not counsel or attorney to any of the interested parties. The officer shall immediately seal and deliver an original and two copies of said transcript, together with his certificate, by registered mail to the Foreign Claims Settlement Commission, Washington, D.C., or to the field office designated

(d) Admissibility in evidence. The deposition shall be admissible in evidence, subject to such objections to the questions and answers as were noted at the time of taking the deposition, or within ten (10) days after the return thereof, and would be valid were the witness personally present at the hearing.

(e) Errors and irregularities. All errors or irregularities occurring shall be deemed waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

(f) Scope of use. The deposition of a witness, if relevant, may be used if the Commission finds: (1) That the witness has died since the deposition was taken; or (2) that the witness is beyond a distance greater than 100 miles radius of Washington, D.C., the designated field office or the designated place of the hearing; or (3) that the witness is unable to attend because of other good cause shown.

(g) Interrogatories and cross-interrogatories. Depositions may also be taken and submitted on written interrogatories in substantially the same manner as depositions taken by oral examinations. When a deposition is taken upon interrogatories and cross-interrogatories, none of the parties shall be present or represented, and no person, other than the witness, and his representative or attorney, a stenographic reporter and the presiding officer, shall be present at the examination of the witness, which fact shall be certified by such officer, who shall propound the interrogatories and cross-interrogatories to the witness in their order and reduce the testimony to writing in the witness' own words.

(h) Fees. A witness whose deposition is taken pursuant to the regulations in this part and the officer taking the deposition, shall be entitled to the same fees and mileage allowed and paid for like service in the United States District Court for the district in which the deposition is taken. Such fees shall be paid

independent agency of the Federal Gov 8 503.2 Material to be published in the ernment created by Reorganization Plan Federal Register pursuant to Public No. 1 of 1954 (68 Stat. 1279), effective Law 89-487. July 1, 1954. Its duties and authority are The Commission shall separately state defined in the International Claims Set

and concurrently publish the following tlement Act of 1949, as amended (64

materials in the FEDERAL REGISTER for Stat. 12; 22 U.S.C. 1621-1642) and the

the guidance of the public: War Claims Act of 1948 (62 Stat. 1240;

(a) Descriptions of its central and 50 U.S.C. 2001-2016).

field organization and the established (b) The Commission has jurisdiction places at which, the officers from whom, to determine claims of U.S. nationals

and the methods whereby, the public against foreign governments for com

may secure information, make submitpensation for losses and injuries sus tals or requests, or obtain decisions. tained by such nationals, pursuant to (b) Statements of the general course programs which may be authorized and method by which its functions are under either of said Acts. Available funds

channeled and determined, including have their sources in international set

the nature and requirements of all formal tlements or liquidation of foreign assets and informal procedures available. in this country by the Department of

(c) Rules of procedure, descriptions of Justice or Treasury, and from public forms available or the places at which funds when provided by the Congress. forms may be obtained, and instruc(c) The three members of the Com

tions as to the scope and contents of all mission are appointed by the President

papers, reports, or examinations. with the advice and consent of the Sen

(d) Substantive rules of general apate to serve for 3-year terms of office as

plicability adopted as authorized by law, provided by the Act of October 22, 1962

and statements of general policy or in(76 Stat. 1107; 50 U.S.C. 2001). The Pres

terpretations of general applicability ident designates the Chairman.

formulated and adopted by the agency. (d) All functions of the Commission

(e) Every amendment, revision, or are vested in the Chairman with respect

repeal of the foregoing. to the internal management of the affairs of the Commission, including but

$ 503.3 Effect of nonpublication. not limited to: (1) The appointment of Except to the extent that a person personnel employed under the Commis has actual and timely notice of the terms sion; (2) the direction of employees of thereof, no person shall in any manner the Commission and the supervision of be required to resort to, or be adversely their official duties; (3) the distribution affected by, any matter required to be of business among employees and orga published in the FEDERAL REGISTER and nizational units under the Commission; not so published. (4) the preparation of budget estimates;

$ 503.4 Incorporation by reference. and (5) the use and expenditures of funds of the Commission available for For purposes of this part, matter which expenses of administration.

is reasonably available to the class of (e) The Chairman pursuant to his persons affected thereby shall be deemed responsibility hereby directs that every

published in the FEDERAL REGISTER when effort be expended to facilitate the max

incorporated by reference therein with imum service to the public with respect

the approval of the Director of the Fedto the obtaining of information and

eral Register. records in the spirit and the letter of the $ 503.5 Public records. provisions of Public Law 87-487 amending section 3 of the Administrative Pro

The Commission shall, in accordance cedures Act, effective July 4, 1967.

with this part, make the following ma(f) Requests for information, deci

terials available for public inspection sions, or records may be made in person

and copying: or in writing to the Clerk, Foreign

(a) Proposed and Final Decisions (inClaims Settlement Commission.

cluding dissenting opinions) and all

orders made with respect thereto. (g) The offices of the Commission are located at 1111 20th Street NW. (Van

(b) Those statements of policy and guard Building), Washington, D.C. An

interpretations which have been adopted information center for the convenience

by the Commission. of the public is located on the fourth To prevent unwarranted invasion of floor.

personal privacy, the Commission may

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