5cjxburmr

11.23.3 Control of Business in Occupied Territory. The Occupying Power may exercisecontrols over private business for the purpose of addressing the needs of the inhabitants of theoccupied territory or for military purposes, including by: (1) compelling the continued operationof a business; (2) granting of business subsidies; (3) closing down a business; or (4) assumingcontrol and management of a business.The Occupying Power may compel a business to continue operations if necessary toserve the needs of the local population or for military purposes. 476 Compulsory work ofprotected persons, however, must comply with the GC. 477The Occupying Power may take steps to increase production from private business, suchas by granting subsidies out of available governmental revenues from the occupied territory. 478If the Occupying Power determines that the continued operation of a business isdetrimental to the interests of the local population or to the Occupying Power, the OccupyingPower may close down the business. 479The Occupying Power may assume control and management of such a business ifnecessary to serve the needs of the local population or for military purposes. 480 Title to thebusiness in such circumstances remains with the legal owner, and if the Occupying Power earnsa profit from the operation of the business, the legal owner must be indemnified, to avoid aprohibited confiscation of private property. 481or private property’, which was criminal under Article 6(b) of the Charter… . Raw materials and finished productsalike were confiscated for the needs of the German industry.”).475 Refer to § 11.18.7 (Requisitions of Private Enemy Property).476 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 207 (“If the operations of a given enterprise appearnecessary to the occupant, he may compel the continuation of such operations.”).477 Refer to § 11.20 (Labor of Protected Persons in Occupied Territory).478 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 207-08 (“If existing private industries fail to supply inrequired quantities such commodities as may be urgently needed by the native inhabitants or by occupants ownforces in the occupied territory, it appears to be permissible for him to undertake steps to increase production, ifnecessary by subsidization out of available government revenues of the occupied area.”).479 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 207 (“If, on the other hand, such continued operationsappear to be against the interests of the population or of the occupying power, the latter may close down theenterprise in question.”).480 Refer to § 11.18.3 (Property Control Measures).481 VON GLAHN, THE OCCUPATION OF ENEMY TERRITORY 207 (“An occupant apparently may also lawfully placeunder his direct control and management any enterprise which is held by him to be vital for his needs or the needs ofthe indigenous population. Such an assumption of management is not expropriation, for title to the property inquestion remains vested in its former owner-operator; the occupant merely assumes a temporary control and has toreturn the firm when the need for his control has passed. If the occupant earns a profit during his operation of aprivate enterprise seized by him he should indemnify the owner in full for the amount of the profit, since the Hagueregulations prohibit the confiscation of private property.”).819