[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR74.4]

[Page 303]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 74--CIVIL LIBERTIES ACT REDRESS PROVISION--Table of Contents
 
                   Subpart B--Standards of Eligibility
 
Sec. 74.4  Individuals excluded from compensation pursuant to section 108(B) of the Act.

    (a) The term ``eligible individual'' does not include any individual 
who, during the period beginning on December 7, 1941, and ending on 
September 2, 1945, relocated to a country while the United States was at 
war with that country.
    (b) Nothing in paragraph (a) of this section is meant to exclude 
from eligibility any person who, during the period beginning on December 
7, 1941, and ending on September 2, 1945, relocated to a country while 
the United States was at war with that country, and who had not yet 
reached the age of 21 and was not emancipated as of the date of 
departure from the United States, provided that such person is otherwise 
eligible for redress under these regulations and the following 
standards:
    (1) Persons who were 21 years of age or older, or emancipated 
minors, on the date they departed the United States for Japan are 
subject to an irrebuttable presumption that they relocated to Japan 
voluntarily and will be ineligible.
    (2) Persons who served in the active military service on behalf of 
the Government of Japan or an enemy government during the period 
beginning on December 7, 1941, and ending on September 2, 1945, are 
subject to an irrebuttable presumption that they departed the United 
States voluntarily for Japan. If such individuals served in the active 
military service of an enemy country, they must inform the Office of 
such service and, as a result, will be ineligible.

[Order No. 2056-96, 61 FR 51012, Sept. 30, 1996]