WIX Archives

War Captured USN /USMC/USAF aircraft ?

Posted by MGM on Thu Nov 08, 2001 04:17:30 AM

In reply top Slight chance of help w/ Guad Wildcat posted by Chris Livingston on Thu Nov 08, 2001 12:37:12 AM

Hi Chris, welcome back !

I understand what you are saying, and given that the US Gov appears to be saying that an aircraft can only be legally "abandoned" or "struck off" if it has actually been sold by the US Gov, what exactly would be the situation regarding the importation of USN/USMC/USAF aircraft to the USA ,that had been Captured in a war by the opposing side, or had remained (untouched or otherwise) on their territory since that war....whether that country won or lost the war concerned?



"Hypothetical" Statements:-

S1:- The country concerned categorically states in writing that the said aircraft are THEIR property since THEY captured them or THEY had at least remained on their territory since the war, and that therefore they are still THEIR property as far as they are concerned.
S2:- They recovered some for museum display, and/or military testing/evaluation.
S3:- The said country never actually bothered recovering ALL the aircraft that had come down in their territory themselves....until now.
S4:- The US military has never tried to get them back at any time since that war.
S5:- "Someone" then aquired them from that country in a legal deal satisfactory to both parties.

"Hypothetical" Questions:-

Q1:- Would the aircraft be allowed to be imported into the US or another Western country (such as GB) or not ?
Q2:- Would the US Gov claim and "confiscate" the aircraft on arrival in the US ?
Q3:- Would US Customs make things "difficult"?
Q4:- Would the "importers" have to face the US courts even if they are not US citizens, and even if they never set foot in the US themseleves?
Q5:- Would it depend on which country had captured them and/or which war it was ?
Q6:- Would it depend if the US has Diplomatic Relations with that country or not?
Q6:- Could they then be legally sold to US citizens for restoration ?
Q7:- Would they be allowed to fly in the US or elsewhere ?


If you could maybe clarify the ownership details of war captured military property it would be most aprreciated, because if a country has no actual legal claim over war captured military equipment, then very many museums of all types, all around the world, have got a serious problem. Even the USN museum would have to give back the Zero and George and anything else they "own" that was captured, to Japan and whoever......wouldn't they ?.....and the NASM wouldn't need a new museum to put all their captured treasures in either.......


TTFN
Mick


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