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I. Legal Circumstances

3. The Hakeburg as a special asset of the German Reich continues to be sequestered by the USA

Reasons:

A. Law No. 52 of the Military Government Germany,
American Zone (hereafter called SHAEF Law No. 52)
«Amended
Blocking and Control of Property
ARTICLE I
Categories of Property
1. All property within the occupied territory owned or controlled, directly or indirectly, in whole or in part, by any of the following is hereby declared to be subject to seizure of possession or title, direction, management, supervision or, otherwise being taken into Control by Military Government:
(a) The German Reich, or any of the Länder, Gaue or Provinces, or other similar political subdivisions or any agency or instrumentality thereof, including all utilities, undertakings, public corporations or monopolies under the control of any of the above;

2. Property which has been the subject of transfer under duress, wrongful acts of confiscation, dispossession or spoliation, whether pursuant to legislation or by procedures purporting to follow forms of law or otherwise, is hereby declared to be equally subject to seizure of possession or title, direction, management, supervision or otherwise being taken into control by Military Government.

ARTICLE II
Prohibited Transactions
3. Except as hereinafter provided, or when licensed or otherwise authorized or directed by Military Government, no person shall import, acquire or receive, deal in, sell, lease, transfer, export, hypothecate or otherwise dispose of, destroy or surrender possession, custody or control of any property.»
pdfklein Original document

B. Convention about the regulation of certain questions in relation to Berlin of September 25, 1990, Bundesgesetzblatt 1990, Part II, Page 1274, Article 2:

“All rights and obligations that are based on and recognised by legislative, judicial or administrative measures of the Allied Administration in or in respect of Berlin or based on and recognised by such measures are and will remain in all respects in force according to German law, even if they have been based on or recognised in accordance with other legal requirements. These rights and obligations are subject without discrimination to the same legal, judicial and administrative measures as do similar rights and obligations based on and recognised under German law.”
pdfklein Original document

Further evidence can be supplied anytime.

last modified: Thursday, December 19, 2002

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