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11.18.3 Property Control Measures. Public and private property within occupied territorymay be controlled by the Occupying Power to the degree necessary to prevent its use by or forthe benefit of hostile forces, or in a manner harmful to the Occupying Power. 310 For example, inthe case of persons who have acted against the security of the Occupying Power, the OccupyingPower may freeze their accounts to prevent such funds from being used against the interests ofthe Occupying Power. 311Conservators may be appointed to manage the property of absent persons (includingnationals of the United States and of friendly States) and of internees, property managed by suchpersons, and property of persons whose activities are deemed to be prejudicial to the OccupyingPower. However, when the owners or managers of such property are again able to resumecontrol of their property and the risk of its hostile use no longer exists, it must be returned tothem. 312 Measures of property control must not extend to confiscation of private property. 313 Forexample, if the Occupying Power controls a private business and earns a profit, the owner mustbe indemnified. 314However, the authority of the Occupying Power to impose such controls does not limit itspower to seize or requisition property or take such other action with respect to it as may beauthorized by other provisions of law. 31511.18.4 Determination Whether Property Is Public or Private. The rules for the treatmentof enemy property may depend on whether the property is public or private.touching the question of seizure or destruction of submarine cables in the open sea. The President thanks him forhaving given the text an interpretation that leaves no room for doubt.”).310 1956 FM 27-10 (Change No. 1 1976) 399 (“Property within occupied territory may be controlled by theoccupant to the degree necessary to prevent its use by or for the benefit of the hostile forces or in a manner harmfulto the occupant.”).311 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 207 (“This control includes not only the steps mentionedabove in connection with central banks and commercial banks but covers such things as the freezing of accountswhere the owner of the funds in question has acted against the interests of the occupying power, control of largecash deposits, control over safe deposit boxes, and, of course, the removal of personnel held to be undesirable fromthe viewpoint of the occupant.”).312 1956 FM 27-10 (Change No. 1 1976) 399 (“Conservators may be appointed to manage the property of absentpersons (including nationals of the United States and of friendly States) and of internees, property managed by suchpersons, and property of persons whose activities are deemed to be prejudicial to the occupant. However, when theowners or managers of such property are again able to resume control of their property and the risk of its hostile useno longer exists, it must be returned to them.”).313 Refer to § 11.18.6.1 (Prohibition on Confiscation of Private Property in Occupied Territory).314 Refer to § 11.23.3 (Control of Business in Occupied Territory).315 1956 FM 27-10 (Change No. 1 1976) 399 (“Measures of property control must not extend to confiscation.However, the authority of the occupant to impose such controls does not limit its power to seize or requisitionproperty or take such other action with respect to it as may be authorized by other provisions of law.”).790

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