town of Klarija, registration No. 2320, A. I. 17, topogr. No. 3939/a/2, one part with an area of 20 yokes together with buildings located on the land, in perpetuity and irrevocably, to Vojeslav Sima Rankov, of Klarija, for the agreed price of 9 (nine) carloads of wheat, this to be paid over a period of 5 years, the first instalment of 180 metric centners of wheat payable by the purchaser on September 15, 1947, the second instalment of 180 metric centners of wheat payable by the purchaser on September 15, 1948, the third instalment of 180 metric centners of wheat payable by the purchaser on September 15, 1949, the fourth instalment of 180 metric centners of wheat payable on September 15, 1950, and the fifth instalment of 180 metric centners of wheat payable on September 15, 1951, all without interest. The land is to be parceled in such a way that all 20 yokes are on the side of the farm.

II

Vojislav Sima Rankov under this contract purchases the land described in article I, above, for the above-mentioned purchase price and on the terms stipulated, and undertakes to comply with the aforementioned terms.

III

The seller by this contract gives permission to the purchaser to have the above-described land recorded in the land register in his name, without further agreement or consent on the former's part.

IV

The purchaser shall enter at once into possession of the purchased land and assumes payment of taxes and all other governmental charges begin. ning January 1, 1947. Up to January 1, 1947, all charges which encumber the land shall be paid by the seller.

V

The seller has the right to register the sold land at his own expense, but should the next installment of wheat not be paid, the cost of canceling the registration shall be paid by the purchaser.

VI

This contract has been prepared in three identical copies. Costs relative to concluding this contract shall be paid by the purchaser. The contract shall take effect when the district court approves and certifies it. The statement of Ziva Popov, dated July 11, 1951, reads as follows:

I have a brother by the name of Leca Popov who for some years now has lived in the United States. I, too, was in the United States, but returned to this country in 1936. My brother Leca Popov gave me authority in a general power of attorney dated April 26, 1946, and issued by the Consulate General of the FPRY under No. 1029/1946, empowering me without any restriction to dispose of any real estate recorded in his name in the land register at the District Court of Zrenjanin, with an area of roughly 54 statute yokes. Acting under this general power of attorney I sold all the land, that is to say, all the property to various purchasers with whom I concluded contracts of purchase and sale which are entered in the land register folios, concerning which I have even the rulings of the district court in Zrenjanin. Among others, I of course sold the land recorded in

the land-register folio of Radojevo, No. 2320, with an area of 20 statute yokes, namely to S. Vojeslav Rankov as purchaser, with whom I made a contract of purchase and sale in Srpska Crnja on August 16, 1946. Vojeslav Rankov, as purchaser, still owes me four installments of the purchase price each installment being 18,000 kilograms of wheat. Vojeslav Rankov had the use of this land until the autumn of 1948 when he brought this land into a farm workers' cooperative. Aside from this, my brother Leca Popov has no other possessions, and we will have the contract with Vojeslav Rankov recorded in the land register as soon as he pays me the installments still owing and procures approval for the transfer of the land. I made a gift to my brother Leca Popov of 10 statute yokes of orchard which I owned in the United States.

The statement by the public prosecutor of Zrenjanin, dated July 12, 1951, reads as follows:

In 1946, Voja Rankov, of Radojevo, did in fact purchase from Leca Popov 20 yokes of land ex land-register Folio No. 2320 through Leca's brother, Zivo, who held a general power of attorney. Voja Rankov bought this land for 9 carloads of wheat, to be furnished in installments over a period of 5 years, 18,000 kilograms each year. This purchase was covered by a contract of purchase and sale, a certified copy of which is attached. This contract was not executed, inasmuch as Ziva Popov brought suit against Voja Rankov, the purchaser, in an effort to cancel the contract. This action was tried in the District Court of Crnja, under Docket No. 28/46, and subsequently was brought in the District Court of Zrenjanin under Docket No. 254/46, but on October 24, 1947, Ziva Popov withdrew the suit and his charges seeking to annul the contract. The suit was thus settled in this manner and the contract of purchase and sale continued in force and binding on both parties. In the meantime Voja Rankov was arrested and sentenced to 5 years' imprisonment and is at present serving this sentence. For this reason he was unable, even after the suit had been terminated, to file this contract with the court for approval and for recording in the land register. In 1948, with Voja's consent, his family joined the Farm Workers Cooperative (SRZ Seljacka Radnicka Zadruga) "First of October" in Radojevo, bringing into it all its landed property and implements, including also these 20 yokes. This land is today still in the above-mentioned cooperative where it is being worked, and Voja Rankov, or rather, his family continue to be members of this cooperative. Furthermore, this land has not been alloted to anyone, and the conveyance recorded in the land register to the land fund was accomplished as a matter of progressive routine, since the District Commission at Crnja at the time did not know of this purchase, or sale. Similarly, none of the other pieces of land which Leca's brother Ziva sold to the other purchasers from Hetin have been allocated, but possession of them is being enjoyed by the owners who purchased them.

We also enclose an authenticated copy of the power of attorney drawn up in favor of Ziva Popov by his brother Leca Popov before the New York notary public Stefan Klinger, on the basis of which Ziva Popov executed the sale. There is further being sent a statement by Maca Rankov, sister of the purchaser, Voja Rankov, as well as a report by the Local People's Committee in Radojevo, from which it may be seen that Voja Rankov did buy this land and that it is now part of the Farm Workers Cooperative (SRZ) "First of October."

It appears from the foregoing evidence that the land has since 1947 been recorded in the name of the "Land Fund"; that neither the grantor nor the

grantee ever obtained the approval of the appropriate local authorities for the sale of the land and that the land has since 1947 been placed in a workers' cooperative. Thus, it appears that neither the grantor nor the grantee have ever been and are not now in a position to perform the contract. In the circumstances, we are unable to agree with the Government of Yugoslavia that a sale was consummated. We note in passing that the position of the Government of Yugoslavia appears somewhat inconsistent with its position in many claims before us, that title to real property does not pass until the transfer has been recorded in the appropriate land register. Considering all of the circumstances, we are of the opinion that it would be improper for this Commission to find that a transfer of the land had been effected when there are so many factors indicating that it was not and that it never could be. Accordingly, an award will be made for the value of the entire property. (Decision No. 1462.)

23. Rules of the Commission

Failure to comply with the rules.-The Commission repeatedly held and the rules of the Commission prescribed that the burden of proof is on the claimant. However, the Commission endeavored to obtain evidence directly through the Government of Yugoslavia when claimants requested help and described the type of evidence desired. Where a claimant failed to submit the evidence and neglected to specify what evidence he desired the Commission to obtain, the claim was denied. For example, in its Decision No. 364, the Commission ruled as follows:

This claimant has filed a claim without stating the amount thereof, the description, identification, nature and extent of ownership of any property, the manner of nationalization or other taking, the date of nationalization or other taking, or the value at the time of nationalization or other taking. In other words, the claimant has failed to comply with the requirements of section 301.1 of the Rules of Practice and Procedure of the Commission. Repeated requests for compliance with the Rules and the submission of evidence in support of his claim have been made to the claimant. All such requests have been ignored.

In the absence of any proof in support of this claim, it is denied in whole. A similar decision was rendered by the Commission in its Decision No. 404.

24. Serbia

Taking of property by puppet state of Serbia.-Takings by puppet states and governments were not recognized as a basis for a claim under the Yugoslav Claims Agreement of 1948. The puppet Government of Serbia, set up by the German military authorities during the occupation of Serbia by Germany (1941-44), was in this category. In denying such a claim, the Commission, in its Decision No. 1306, stated:

The remaining part of this claim relates to the taking of 5,000 tons of sintered pyrites by the puppet Serbian or puppet Croatian Government and loss of profits which claimant would have realized had not the puppet Serbian or puppet Croatian Government taken 50,000 tons of sintered pyrites which claimant had

an option to purchase and 1,580 tons of claimant's copper sulphate and delivered it to Bulgarian buyers with whom claimant had a contract to sell. The agreement of July 19, 1948, between the Governments of the United States and Yugoslavia settled "all claims of nationals of the United States" for the "nationalization or other taking by Yugoslavia of property" (art. 1).

We have heretofore held that the present Yugoslav Government is not impressed with responsibility for the takings of property by a "puppet state" or local de facto government such as Serbia and Croatia, and that the Agreement of July 19, 1948, between the Governments of the United States and Yugoslavia did not include such takings, nor did either Government intend that it should do

For the foregoing reasons, this claim is denied in its entirety.

25. Trieste

Occupation of Trieste by Yugoslavia under Treaty of Peace with Italy. The Commission denied claims based on alleged takings by the Yugoslav occupation authorities in the Territory of Trieste. In its Decision No. 627, the Commission stated:

Article 21 of section III (Free Territory of Trieste) of part II (Political Clauses) of the Treaty of Peace with Italy (signed by several nations including the People's Federal Republic of Yugoslavia) which entered into force on September 15, 1947, provides in part as follows:

1. There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in articles 4 and 22 of the present treaty. The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agree that its integrity and independence shall be assured by the Security Council of the United Nations.

2. Italian sovereignty over the area constituting the Free Territory of Trieste, as above defined, shall be terminated upon the coming into force of the present treaty.

Annex VI (Permanent Statute of the Free Territory of Trieste) of the aforesaid Treaty of Peace With Italy, provides in part as follows:

Article 1. Area of Free Territory.

The area of the Free Territory of Trieste shall be the territory within the frontiers described in articles 4 and 22 of the present treaty as delimited in accordance with Article 5 of the treaty.

Article 2. Integrity and independence.

The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations Organization * * *

From the foregoing, it is clear that the Government of Yugoslavia is and has been occupying that portion of the Free Territory of Trieste in which the property is located as a conqueror and that it cannot acquire permanent possession or title to the property which is the basis of this claim.

Property in Zone B not subject to nationalization or taking within terms of the agreement.-By Decision No. 774, the Commission denied a claim on the following grounds:

The property is located in the so-called Free Territory of Trieste, Zone B, presently occupied by Yugoslav military authorities. This area is not under Yugoslav sovereignty, but Annex VI of the Treaty of Peace With Italy,

dated at Paris on February 10, 1947, and entered into force September 15, 1947, provides that an area which includes Portorose shall be organized as the Free Territory of Trieste. Portorose is still occupied by Yugoslav military forces, as is the entire so-called Zone B. However, this is viewed as a temporary occupation only and not an annexation.

In a statement dated June 15, 1953, the Yugoslav Government takes the position that, even if the Yugoslav military authorities took over property belonging to the claimant, he has no right to claim indemnity, because the Yugoslav Claims Agreement of 1948 is not applicable to the Free Territory of Trieste.

In a prior proceeding, the Commission, in the Matter of the Claim of Mary Rongetti Moffa, Docket No. Y-683, Proposed Decision No. 627, June 16, 1953, held that:

The record shows that claimant's decedent (brother) was the owner of the real property No. 2673 *** town of Piran, under Docket No. 3241. This property is not located within the territory of Yugoslavia but in what is known as the Free Territory of Trieste. * * * The Government of Yugoslavia is and has been occupying that portion of the Free Territory of Trieste in which the property is located as a conqueror, *** it cannot acquire permanent possession or title to the property which is the basis of this claim. *** Such action we hold not to be within the terms of the Yugoslav Claims Agreement of 1948 and the International Claims Settlement Act of 1949. The claim is denied in whole.

We believe that holding is dispositive of the present claim. The property may have been requisitioned by the Yugoslav military authorities, but such action is not viewed as a nationalization or other taking by Yugoslavia which is within the terms of the Yugoslav Claims Agreement of 1948 and the International Claims Settlement Act of 1949. Accordingly, the Commission is without jurisdiction of the claim.

For the foregoing reasons the claim is denied.

26. United States of America

Claim of the United States.-One claim was filed by the United States of America in which compensation was asked for the confiscation of a jeep by the Government of Yugoslavia on July 11, 1946, and for the loss of two transport planes which were shot down by Yugoslav forces on August 9, 1946, and August 19, 1946, respectively. The Commission allowed the claim, stating:

The right of the United States Government to file a claim for losses of this sort and to receive compensation out of the lump sum of $17,000,000 paid by the Government of Yugoslavia is expressly recognized in section (a) of article 1 of the agreement of July 19, 1948, between the Governments of the United States and Yugoslavia. The Government of Yugoslavia has acknowledged by an Aide Memoire, dated August 13, 1954, that it was contemplated by both Governments that compensation should be paid for the aircraft and jeep. (Decision No. 1214.)

Policy in espousing claims.-The Commission denied a claim by the American and European Agencies, Inc., a domestic corporation, for the taking by the Government of Yugoslavia of a plant in that country which was owned by Fallersa, S. A., an Italian corporation in Trieste, in which company the claimant was a stockholder.