Trading With the Enemy Slap in the Face – Americans Declared the Enemy

John F Kennedy
Sat, Aug 22, 2015
Subject; Enemies Using American Resources Act
www.MorningLiberty.com

Page 7 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 1
1So in original. Probably should be capitalized.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the United States of America
to be affixed.
DONE at the City of Washington this 21st day of November,
in the year of our Lord nineteen hundred
and sixty-two and of the Independence of
the United States of America the one hundred
and eighty-seventh.
[SEAL]
JOHN F. KENNEDY.
MIDDLE EAST STABILIZATION
Pub. L. 85–7, §§1–6, Mar. 9, 1957, 71 Stat. 5, set out as
chapter 24A (§1961 et seq.) of Title 22, Foreign Relations
and Intercourse, authorizes the President to provide
economic and military assistance, and, if he determines
it necessary, to use armed forces under certain circumstances
to maintenance of national independence in the
Middle East.
PROTECTION OF SECURITY OF FORMOSA
Joint Res. Jan. 29, 1955, ch. 4, 8:42 A.M., 69 Stat. 7,
which authorized the President of the United States to
employ the Armed Forces of the United States for the
purpose of securing and protecting Formosa and Pescadores
against armed attack, was repealed by Pub. L.
93–475, §3, Oct. 26, 1974, 88 Stat. 1439.
TRADING WITH THE ENEMY ACT OF 1917
ACT OCT. 6, 1917, CH. 106, 40 STAT. 411
Sec.
1. Designation of Act.
2. Definitions.
3. Acts prohibited.
4. Licenses to enemy or ally of enemy insurance
or reinsurance companies; change of name;
doing business in United States.
5. Suspension of provisions relating to ally of
enemy; regulation of transactions in foreign
exchange of gold or silver, property
transfers, vested interests, enforcement and
penalties.
6. Alien Property Custodian; general powers and
duties.
6a. Incurment of expenses by Office of Alien
Property Custodian.
6b. Omitted.
7. Lists of enemy or ally of enemy officers, directors
or stockholders of corporations in
United States; acts constituting trade with
enemy prior to passage of Act; conveyance
of property to custodian; voluntary payment
to custodian by holder; acts under
order, rule, or regulation.
8. Contracts, mortgages, or pledges against or
with enemy or ally of enemy; abrogation of
contracts; suspension of limitations.
9. Claims to property transferred to custodian;
notice of claim; filing; return of property;
suits to recover; sale of claimed property in
time of war or during national emergency.
10. Acts permitted; applications for patents, or
registration of trade-marks or copyrights;
payment of tax in relation thereto; licenses
under enemy owned patent or copyright;
statements by licensees; term and cancellation;
suits against licensees; restraining infringements;
powers of attorney; keeping
secret inventions.
11. Importations prohibited.
12. Property transferred to Alien Property Custodian.
13. Statements by masters of vessels and owners
of cargoes before granting clearances.
14. False manifest; refusal of clearance; reports
of gold or silver coin in cargoes for export.
15. Omitted.
Sec.
16. Offenses; punishment; forfeitures of property.
17. Rules by district courts; appeals.
18. Jurisdiction of courts of Philippines and
Canal Zone of offenses.
19. Print, newspaper or publication in foreign
languages.
20. Fees of agents, attorneys, or representatives.
21. Claims of naturalized citizens as affected by
expatriation.
22. Fugitives from justice barred from recovery.
23. Payment of income, etc., by Alien Property
Custodian.
24. Payment of taxes and expenses by Alien Property
Custodian.
25. Investments by Custodian in participating
certificates issued by Secretary of the
Treasury; transfers to and payments from
German, Austrian or Hungarian special deposit
accounts; allocation of payments.
26. Allocation of ‘‘unallocated interest fund’’.
27. Return by Custodian, to United States, of
payments under licenses, assignments or
sales of patents.
28. ‘‘Unallocated interest fund’’ defined.
29. Waiver by Custodian of demand for property;
acceptance of less amount; approval of Attorney
General.
30. Attachment or garnishment of funds or property
held by Custodian.
31. ‘‘Member of the former ruling family’’ defined.
32. Return of property.
33. Notice of claim; institution of suits; computation
of time.
34. Payment of debts.
35. Hearings on claims; rules and regulations;
delegation of powers.
36. Taxes.
37. Insurance of property.
38. Shipment of relief supplies; definitions.
39. Retention of properties or interests of Germany
and Japan and their nationals; proceeds
covered into Treasury; ex gratia payment
to Switzerland.
40. Intercustodial conflicts involving enemy
property; authority of President to conclude;
delegation of authority.
41. Divestment of estates, trusts, insurance policies,
annuities, remainders, pensions, workmen’s
compensation and veterans’ benefits;
exceptions; notice of divestment.
42. Claims for proceeds from sale of certain certificates:
jurisdiction, limitations; divestment
of copyrights: ‘‘copyrights’’ defined,
rights of licensees and assignees, reproduction
rights of United States, transfer of interests,
payment of royalties to Attorney
General, suits for infringement.
43. Divestment of trademarks.
44. Motion picture prints, transfer of title.
TERMINATION OF WORLD WAR AND EMERGENCY
The Trading with the enemy Act was expressly excepted
from the operation and effect of Joint Res. Mar.
3, 1921, ch. 136, 41 Stat. 1359, declaring that certain Acts
of Congress, joint resolutions, and proclamations
should be construed as though the World War had ended
and the then present or existing emergency expired.
§ 1. Designation of Act
This Act [sections 1 to 6, 7 to 39, and 41 to 44
of this Appendix] shall be known as the ‘‘Trading
with the enemy1 Act.’’
(Oct. 6, 1917, ch. 106, §1, 40 Stat. 411.)
Page 11 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 5
States, for the protection of all policyholders in the
United States;
AND WHEREAS, the nature of marine and war risk
insurance is such that those conducting it must of necessity
be in touch with the movements of ships and
cargoes, and it has been considered by the Government
of great importance that this information should not
be obtained by alien enemies;
NOW, THEREFORE, I, WOODROW WILSON, President
of the United States of America, by virtue of the
powers vested in me as such, hereby declare and proclaim
that such branch establishments of German insurance
companies now engaged in the transaction of
business in the United States pursuant to the laws of
the several States are hereby prohibited from continuing
the transaction of the business of marine and war
risk insurance either as direct insurers or re-insurers;
and all individuals, firms, and insurance companies incorporated
under the laws of any of the States or Territories
of the United States, or of any foreign country,
and established pursuant to the laws of such States and
now engaged in the United States in the business of
marine and war risk insurance either as direct insurers
or re-insurers are hereby prohibited from reinsuring
with companies incorporated under the laws of the German
Empire, no matter where located; and all persons
in the United States are prohibited from insuring
against marine or war risks with insurance companies
incorporated under the laws of the German Empire or
with individuals, firms, and insurance companies incorporated
under the laws of any of the States or Territories
of the United States or of any foreign country
and now engaged in the business of marine or war risk
insurance in the United States, which re-insure business
originating in the United States with companies
incorporated under the laws of the German Empire, no
matter where located.
The foregoing prohibitions shall extend and operate
as to all existing contracts for insurance and re-insurance
which are hereby suspended for the period of the
war, except that they shall not operate to vitiate or
prevent the insurance or re-insurance of, and the payment
or receipt of, premiums on insurance or re-insurance
under existing contracts on vessels or interest at
risk on the date of this proclamation, and such insurance
or re-insurance, if for a voyage, shall continue in
force until arrival at destination, and if for time, until
thirty days from the date of this proclamation.
§ 5. Suspension of provisions relating to ally of
enemy; regulation of transactions in foreign
exchange of gold or silver, property transfers,
vested interests, enforcement and penalties
(a) The President, if he shall find it compatible
with the safety of the United States and
with the successful prosecution of the war, may,
by proclamation, suspend the provisions of this
Act [sections 1 to 6, 7 to 39, and 41 to 44 of this
Appendix] so far as they apply to an ally of
enemy, and he may revoke or renew such suspension
from time to time; and the President
may grant licenses, special or general, temporary
or otherwise, and for such period of time
and containing such provisions and conditions
as he shall prescribe, to any person or class of
persons to do business as provided in subsection
(a) of section four hereof [section 4(a) of this Appendix],
and to perform any act made unlawful
without such license in section three hereof
[section 3 of this Appendix], and to file and prosecute
applications under subsection (b) of section
ten hereof [section 10(b) of this Appendix];
and he may revoke or renew such licenses from
time to time, if he shall be of opinion that such
grant or revocation or renewal shall be compatible
with the safety of the United States and
with the successful prosecution of the war; and
he may make such rules and regulations, not inconsistent
with law, as may be necessary and
proper to carry out the provisions of this Act
[said sections]; and the President may exercise
any power or authority conferred by this Act
[said sections] through such officer or officers as
he shall direct.
If the President shall have reasonable cause to
believe that any act is about to be performed in
violation of section three hereof [section 3 of
this Appendix] he shall have authority to order
the postponement of the performance of such
act for a period not exceeding ninety days, pending
investigation of the facts by him.
(b)(1) During the time of war, the President
may, through any agency that he may designate,
and under such rules and regulations as
he may prescribe, by means of instructions, licenses,
or otherwise—
(A) investigate, regulate, or prohibit, any
transactions in foreign exchange, transfers of
credit or payments between, by, through, or to
any banking institution, and the importing,
exporting, hoarding, melting, or earmarking
of gold or silver coin or bullion, currency or
securities, and
(B) investigate, regulate, direct and compel,
nullify, void, prevent or prohibit, any acquisition
holding, withholding, use, transfer, withdrawal,
transportation, importation or exportation
of, or dealing in, or exercising any
right, power, or privilege with respect to, or
transactions involving, any property in which
any foreign country or a national thereof has
any interest,
by any person, or with respect to any property,
subject to the jurisdiction of the United States;
and any property or interest of any foreign
country or national thereof shall vest, when, as,
and upon the terms, directed by the President,
in such agency or person as may be designated
from time to time by the President, and upon
such terms and conditions as the President may
prescribe such interest or property shall be held,
used, administered, liquidated, sold, or otherwise
dealt with in the interest of and for the
benefit of the United States, and such designated
agency or person may perform any and
all acts incident to the accomplishment or furtherance
of these purposes; and the President
shall, in the manner hereinabove provided, require
any person to keep a full record of, and to
furnish under oath, in the form of reports or
otherwise, complete information relative to any
act or transaction referred to in this subdivision
either before, during, or after the completion
thereof, or relative to any interest in foreign
property, or relative to any property in which
any foreign country or any national thereof has
or has had any interest, or as may be otherwise
necessary to enforce the provisions of this subdivision,
and in any case in which a report could
be required, the President may, in the manner
hereinabove provided, require the production, or
if necessary to the national security or defense,
the seizure, of any books of account, records,
contracts, letters, memoranda, or other papers,
in the custody or control of such person.
(2) Any payment, conveyance, transfer, assignment,
or delivery of property or interest there-
§ 5 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE Page 12
in, made to or for the account of the United
States, or as otherwise directed, pursuant to
this subdivision or any rule, regulation, instruction,
or direction issued hereunder shall to the
extent thereof be a full acquittance and discharge
for all purposes of the obligation of the
person making the same; and no person shall be
held liable in any court for or in respect to anything
done or omitted in good faith in connection
with the administration of, or in pursuance
of and in reliance on, this subdivision, or any
rule, regulation, instruction, or direction issued
hereunder.
(3) As used in this subdivision the term
‘‘United States’’ means the United States and
any place subject to the jurisdiction thereof:
Provided, however, That the foregoing shall not
be construed as a limitation upon the power of
the President, which is hereby conferred, to prescribe
from time to time, definitions, not inconsistent
with the purposes of this subdivision, for
any or all of the terms used in this subdivision.
As used in this subdivision the term ‘‘person’’
means an individual, partnership, association,
or corporation.
(4) The authority granted to the President by
this section does not include the authority to
regulate or prohibit, directly or indirectly, the
importation from any country, or the exportation
to any country, whether commercial or
otherwise, regardless of format or medium of
transmission, of any information or informational
materials, including but not limited to,
publications, films, posters, phonograph records,
photographs, microfilms, microfiche, tapes,
compact disks, CD ROMs, artworks, and news
wire feeds. The exports exempted from regulation
or prohibition by this paragraph do not include
those which are otherwise controlled for
export under section 5 of the Export Administration
Act of 1979 [section 2404 of this Appendix],
or under section 6 of that Act [section 2405 of
this Appendix] to the extent that such controls
promote the nonproliferation or antiterrorism
policies of the United States, or with respect to
which acts are prohibited by chapter 37 of title
18, United States Code.
(Oct. 6, 1917, ch. 106, §5, 40 Stat. 415; Sept. 24,
1918, ch. 176, §5, 40 Stat. 966; Mar. 9, 1933, ch. 1,
§2, 48 Stat. 1; May 7, 1940, ch. 185, §1, 54 Stat. 179;
Dec. 18, 1941, ch. 593, title III, §301, 55 Stat. 839;
Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60
Stat. 1352; Pub. L. 95–223, title I, §§101(a), 102,
103(b), Dec. 28, 1977, 91 Stat. 1625, 1626; Pub. L.
100–418, title II, §2502(a)(1), Aug. 23, 1988, 102
Stat. 1371; Pub. L. 103–236, title V, §525(b)(1),
Apr. 30, 1994, 108 Stat. 474.)
CODIFICATION
Words ‘‘, including the Philippine Islands, and the
several courts of first instance of the Commonwealth of
the Philippine Islands shall have jurisdiction in all
cases, civil or criminal, arising under this subdivision
in the Philippine Islands and concurrent jurisdiction
with the district courts of the United States of all
cases, civil or criminal, arising upon the high seas’’ following
‘‘to the jurisdiction thereof:’’ in subsec. (b)(3)
were omitted upon the authority of 1946 Proc. No. 2695,
which granted the Philippine Islands independence, and
which was issued pursuant to section 1394 of Title 22,
Foreign Relations and Intercourse. Proc. No. 2695 is set
out as a note under section 1394 of Title 22.
Subsec. (b) is also classified to section 95a of Title 12,
Banks and Banking.
AMENDMENTS
1994—Subsec. (b)(4). Pub. L. 103–236 amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
‘‘The authority granted to the President in this subsection
does not include the authority to regulate or
prohibit, directly or indirectly, the importation from
any country, or the exportation to any country, whether
commercial or otherwise, of publications, films,
posters, phonograph records, photographs, microfilms,
microfiche, tapes, or other informational materials,
which are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 or
with respect to which no acts are prohibited by chapter
37 of title 18, United States Code.’’
1988—Subsec. (b)(4). Pub. L. 100–418 added par. (4).
1977—Subsec. (b)(1). Pub. L. 95–223, §§101(a), 102, substituted
‘‘During the time of war, the President may,
through any agency that he may designate, and under
such rules and regulations’’ for ‘‘During the time of
war or during any other period of national emergency
declared by the President, the President may, through
any agency, that he may designate, or otherwise, and
under such rules and regulations’’ in provisions preceding
subpar. (A), and, in provisions following subpar. (B),
struck out ‘‘; and the President may, in the manner
hereinabove provided, take other and further measures
not inconsistent herewith for the enforcement of this
subdivision’’ after ‘‘control of such person’’.
Subsec. (b)(3). Pub. L. 95–22, §103(b), struck out provisions
that whoever willfully violated any of the provisions
of this subdivision or of any license, order, rule,
or regulation issued thereunder, could be fined not
more than $10,000, or, if a natural person, could be imprisoned
for not more than ten years, or both; and that
any officer, director, or agent of any corporation who
knowingly participated in that violation could be punished
by a like fine, imprisonment, or both.
1941—Subsec. (b). Act Dec. 18, 1941, considerably
broadened the powers of the President to take, administer,
control, use and liquidate foreign-owned property
and added a flexibility of control which enabled the
President and the agencies designated by him to cope
with the problems surrounding alien property, its ownership
or control, on the basis of the particular facts in
each case.
1940—Subsec. (b). Act May 7, 1940, included dealings
in evidences of indebtedness or ownership of property
in which foreign states, nationals or political subdivisions
thereof have an interest.
1933—Subsec. (b). Act Mar. 9, 1933, among other
things, extended President’s power to any time of war
national emergency, permitted regulations to be issued
by any agency designated by President, provided for
furnishing under oath of complete information relative
to transactions under the subsection, and placed sanctions
on violations to the extent of a $10,000 fine or ten
years imprisonment.
1918—Subsec. (b). Act Sept. 24, 1918, inserted provisions
relating to hoarding or melting of gold or silver
coin or bullion or currency and to regulation of transactions
in bonds or certificates of indebtedness.
DELEGATION OF FUNCTIONS
Delegation of President’s powers under subsec. (b) of
this section to Secretary of the Treasury and Alien
Property Custodian; and transfer of Alien Property
Custodian’s powers to Attorney General, see Ex. Ord.
Nos. 9095 and 9788, set out under section 6 of this Appendix.
Powers conferred upon President by subsec. (b) of this
section delegated to Secretary of the Treasury by
Memorandum of President dated Feb. 12, 1942, 7 F.R.
1409.
LIMITATION ON EXERCISE OF EMERGENCY AUTHORITIES
Section 525(b)(2) of Pub. L. 103–236 provided that:
‘‘The authorities conferred upon the President by sec-
Page 13 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 5
tion 5(b) of the Trading With the Enemy Act [subsec.
(b) of this section], which were being exercised with respect
to a country on July 1, 1977, as a result of a national
emergency declared by the President before such
date, and are being exercised on the date of the enactment
of this Act [Apr. 30, 1994], do not include the authority
to regulate or prohibit, directly or indirectly,
any activity which, under section 5(b)(4) of the Trading
With the Enemy Act, as amended by paragraph (1) of
this subsection, may not be regulated or prohibited.’’
Section 2502(a)(2) of Pub. L. 100–418 provided that:
‘‘The authorities conferred upon the President by section
5(b) of the Trading With the Enemy Act [subsec.
(b) of this section], which were being exercised with respect
to a country on July 1, 1977, as a result of a national
emergency declared by the President before such
date, and are being exercised on the date of the enactment
of this Act [Aug. 23, 1988], do not include the authority
to regulate or prohibit, directly or indirectly,
any activity which, under section 5(b)(4) of the Trading
With the Enemy Act, as added by paragraph (1) of this
subsection, may not be regulated or prohibited.’’
EXTENSION AND TERMINATION OF NATIONAL EMERGENCY
POWERS UNDER THE TRADING WITH THE ENEMY ACT
Section 101(b), (c) of Pub. L. 95–223 provided that:
‘‘(b) Notwithstanding the amendment made by subsection
(a) [amending subsec. (b)(1) of this section], the
authorities conferred upon the President by section 5(b)
of the Trading With the Enemy Act [subsec. (b) of this
section], which were being exercised with respect to a
country on July 1, 1977, as a result of a national emergency
declared by the President before such date, may
continue to be exercised with respect to such country,
except that, unless extended, the exercise of such authorities
shall terminate (subject to the savings provisions
of the second sentence of section 101(a) of the National
Emergencies Act [section 1601(a) of this title]) at
the end of the two-year period beginning on the date of
enactment of the National Emergencies Act [Sept. 14,
1976]. The President may extend the exercise of such
authorities for one-year periods upon a determination
for each such extension that the exercise of such authorities
with respect to such country for another year
is in the national interest of the United States.
‘‘(c) The termination and extension provisions of subsection
(b) of this section supersede the provisions of
section 101(a) [section 1601(a) of this title] and of title
II [section 1621 et seq. of this title] of the National
Emergencies Act to the extent that the provisions of
subsection (b) of this section are inconsistent with
those provisions.’’
CONTINUATION OF THE EXERCISE OF CERTAIN AUTHORITIES
UNDER THE TRADING WITH THE ENEMY ACT
Determination of President of the United States, No.
2006–23, Sept. 13, 2006, 71 F.R. 54399, provided:
Memorandum for the Secretary of State [and] the
Secretary of the Treasury
Under section 101(b) of Public Law 95–223 (91 Stat.
1625; 50 U.S.C. App. 5(b) note), and a previous determination
on September 12, 2005 (70 Fed. Reg. 54607), the
exercise of certain authorities under the Trading with
the Enemy Act is scheduled to terminate on September
14, 2006.
I hereby determine that the continuation for 1 year
of the exercise of those authorities with respect to the
applicable countries is in the national interest of the
United States.
Therefore, consistent with the authority vested in me
by section 101(b) of Public Law 95–223, I continue for 1
year, until September 14, 2007, the exercise of those authorities
with respect to countries affected by:
(1) the Foreign Assets Control Regulations, 31 C.F.R.
part 500;
(2) the Transaction Control Regulations, 31 C.F.R.
part 505; and
(3) the Cuban Assets Control Regulations, 31 C.F.R.
part 515.
The Secretary of the Treasury is authorized and directed
to publish this determination in the Federal
Register.
GEORGE W. BUSH.
Prior extensions were contained in the following:
Determination of President of the United States, No.
2005–35, Sept. 12, 2005, 70 F.R. 54607.
Determination of President of the United States, No.
2004–45, Sept. 10, 2004, 69 F.R. 55497.
Determination of President of the United States, No.
2003–36, Sept. 12, 2003, 68 F.R. 54325.
Determination of President of the United States, No.
02–31, Sept. 13, 2002, 67 F.R. 58681.
Determination of President of the United States, No.
2001–26, Sept. 12, 2001, 66 F.R. 47943.
Determination of President of the United States, No.
2000–29, Sept. 12, 2000, 65 F.R. 55883.
Determination of President of the United States, No.
99–36, Sept. 10, 1999, 64 F.R. 51885.
Determination of President of the United States, No.
98–35, Sept. 11, 1998, 63 F.R. 50455.
Determination of President of the United States, No.
97–32, Sept. 12, 1997, 62 F.R. 48729.
Determination of President of the United States, No.
96–43, Aug. 27, 1996, 61 F.R. 46529.
Determination of President of the United States, No.
95–41, Sept. 8, 1995, 60 F.R. 47659.
Determination of President of the United States, No.
94–46, Sept. 8, 1994, 59 F.R. 47229.
Determination of President of the United States, No.
93–38, Sept. 13, 1993, 58 F.R. 51209.
Determination of President of the United States, No.
92–45, Aug. 28, 1992, 57 F.R. 43125.
Determination of President of the United States, No.
91–52, Sept. 13, 1991, 56 F.R. 48415.
Determination of President of the United States, No.
90–38, Sept. 5, 1990, 55 F.R. 37309.
Determination of President of the United States, No.
89–25, Aug. 28, 1989, 54 F.R. 37089.
Determination of President of the United States, No.
88–22, Sept. 8, 1988, 53 F.R. 35289.
Memorandum of President of the United States, Aug.
27, 1987, 51 F.R. 33397.
Memorandum of President of the United States, Aug.
20, 1986, 51 F.R. 30201.
Memorandum of President of the United States, Sept.
5, 1985, 50 F.R. 36563.
Memorandum of President of the United States, Sept.
11, 1984, 49 F.R. 35927.
Memorandum of President of the United States, Sept.
7, 1983, 48 F.R. 40695.
Memorandum of President of the United States, Sept.
8, 1982, 47 F.R. 39797.
Memorandum of President of the United States, Sept.
10, 1981, 46 F.R. 45321.
Memorandum of President of the United States, Sept.
8, 1980, 45 F.R. 59549.
Memorandum of President of the United States, Sept.
12, 1979, 44 F.R. 53153.
Memorandum of President of the United States, Sept.
8, 1978, 43 F.R. 40449.
WORLD WAR II ALIEN PROPERTY CUSTODIAN
Reestablishment and termination of Office of Alien
Property Custodian during World War II, see notes set
out under section 6 of this Appendix.
APPROVAL OF REGULATIONS
Act Mar. 9, 1933, ch. 1, title I, §1, 48 Stat. 1, provided
that: ‘‘The actions, regulations, rules, licenses, orders
and proclamations heretofore or hereafter taken, promulgated,
made, or issued by the President of the
United States or the Secretary of the Treasury since
March 4, 1933, pursuant to the authority conferred by
subdivision (b) of section 5 of the act of October 6, 1917,
as amended [section 5(b) of this Appendix], are hereby
approved and confirmed.’’
EXECUTIVE ORDERS
Ex. Ord. No. 6260, as amended, respecting hoarding,
export, and earmarking of gold coin, bullion, or cur-
§ 6 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE Page 14
1See Transfer of Functions note below.
rency and transactions in foreign exchange; Ex. Ord.
No. 6560, as amended, respecting transactions in foreign
exchange, transfers of credit, and export of coin and
currency; Ex. Ord. No. 8389, as amended, regulating
transactions in foreign exchange and foreign-owned
property and providing for the reporting of all foreignowned
property; Ex. Ord. No. 9747, respecting continuance
of functions of Alien Property Custodian and
Treasury Department in Philippines; Ex. Ord. No. 9760,
respecting diplomatic property of Germany and Japan;
and Ex. Ord. No. 10348, continuing in force orders and
regulations relating to blocked property, see notes set
out under section 95a of Title 12, Banks and Banking,
and section 6 of this Appendix.
§ 6. Alien Property Custodian; general powers
and duties
The President is authorized to appoint, prescribe
the duties of, and fix the salary of an official
to be known as the alien property custodian,
who shall be empowered to receive all
money and property in the United States due or
belonging to an enemy, or ally of enemy, which
may be paid, conveyed, transferred, assigned, or
delivered to said custodian under the provisions
of this Act [sections 1 to 6, 7 to 39, and 41 to 44
of this Appendix]; and to hold, administer, and
account for the same under the general direction
of the President and as provided in this Act
[said sections]. The President may further employ
in the District of Columbia and elsewhere
and fix the compensation of such clerks, attorneys,
investigators, accountants, and other employees
as he may find necessary for the due administration
of the provisions of this Act [said
sections]; Provided, That such clerks, investigators,
accountants, and other employees shall be
appointed from lists of eligibles to be supplied
by the Civil Service Commission1 and in accordance
with the civil-service law.
(Oct. 6, 1917, ch. 106, §6, 40 Stat. 415; Pub. L.
92–310, title II, §235, June 6, 1972, 86 Stat. 214;
Pub. L. 94–273, §11(5), Apr. 21, 1976, 90 Stat. 378;
Pub. L. 100–418, title II, §2501(b), Aug. 23, 1988, 102
Stat. 1371.)
REFERENCES IN TEXT
The civil-service law, referred to in text, is set forth
in Title 5, Government Organization and Employees.
See, particularly, section 3301 et seq. of Title 5.
CODIFICATION
Provisions that limited the salary of the alien property
custodian to not more than $5,000 per annum have
been omitted as obsolete and superseded. Sections 1202
and 1204 of the Classification Act of 1949, 63 Stat. 972,
973, repealed the Classification Act of 1923 and all other
laws or parts of laws inconsistent with the 1949 Act.
The Classification Act of 1949 was repealed by Pub. L.
89–554, Sept. 6, 1966, §8(a), 80 Stat. 632, and reenacted as
chapter 51 and subchapter III of chapter 53 of Title 5,
Government Organization and Employees. Section 5102
of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office
of Personnel Management to determine the applicability
to specific positions and employees.
AMENDMENTS
1988—Pub. L. 100–418 struck out before period at end
‘‘: Provided further, That the President shall cause a detailed
report to be made to Congress on the first day of
April of each year of all proceedings had under this Act
during the year preceding. Such report shall contain a
list of all persons appointed or employed, with the salary
or compensation paid to each, and a statement of
the different kinds of property taken into custody and
the disposition made thereof’’.
1976—Pub. L. 94–273 substituted ‘‘April’’ for ‘‘January’’.
1972—Pub. L. 92–310 struck out provisions which required
the Alien Property Custodian to give a bond.
TRANSFER OF FUNCTIONS
Functions vested by statute in United States Civil
Service Commission transferred to Director of Office of
Personnel Management (except as otherwise specified)
by Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat.
3783, set out under section 1101 of Title 5, Government
Organization and Employees, effective Jan. 1, 1979, as
provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28,
1978, 44 F.R. 1055, set out under section 1101 of Title 5.
Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R.
4534, 61 Stat. 951, transferred functions vested by law in
Alien Property Custodian or Office of Alien Property
Custodian to Attorney General, except that those relating
to property or interests in Philippines transferred
to President. For text of this plan and provisions relating
to transfer of records, property, personnel, and
funds, see the text of the plan, set out in the Appendix
to Title 5.
Previous office of Alien Property Custodian abolished
and functions and personnel transferred to Department
of Justice by Ex. Ord. No. 6694, eff. July 1, 1934.
EXPENSES AND COMPENSATION OF ALIEN PROPERTY
CUSTODIAN
Act May 16, 1928, ch. 580, §1, 45 Stat. 574, contained
the following provision: ‘‘All expenses of the office of
the Alien Property Custodian authorized by * * * [the
Trading With the Enemy Act], including compensation
of the Alien Property Custodian at not to exceed $10,000
per annum; shall be paid from interest and collections
on trust funds and other properties under the control of
such Custodian.’’
REPORT TO CONGRESS; INCLUSION OF CLAIMS FILED
UNDER SECTION 32(a)(2)(D) OF THIS APPENDIX
Act Sept. 29, 1950, ch. 1108, §2, 64 Stat. 1081, provided
that: ‘‘There shall be included in the report made to
Congress pursuant to section 6 of the Trading With the
Enemy Act, as amended [this section], a statement of
(1) the names and nationalities of persons who have
filed notice of claim for the return of any property or
interest under section 1 of this Act [section 32(a)(2)(D)
of this Appendix], the date of the filing of such notice
of claim, and the estimated value of the property or interest,
and (2) the names and nationalities of persons to
whom returns have been made of any property or interest
under section 1 of this Act [section 32(a)(2)(D) of
this Appendix] and the value of such property or interest.’’
EXECUTIVE ORDER NO. 9095
Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971, as amended
by Ex. Ord. No. 9193, July 6, 1942, 7 F.R. 5205; Ex. Ord.
No. 9567, June 8, 1945, 10 F.R. 6917, which established the
Office of the World War II Alien Property Custodian
and provided for the compensation, functions, etc., of
the Alien Property Custodian, was revoked by Ex. Ord.
No. 12553, Feb. 25, 1986, 51 F.R. 7237.
EX. ORD. NO. 9142. TRANSFER OF CERTAIN FUNCTIONS,
PROPERTY AND PERSONNEL FROM DEPARTMENT OF JUSTICE
TO ALIEN PROPERTY CUSTODIAN
Ex. Ord. No. 9142, Apr. 21, 1942, 7 F.R. 2985, provided:
1. All authority, rights, privileges, powers, duties,
and functions transferred or delegated to the Department
of Justice, to be administered under the supervision
of the Attorney General, by Executive Order No.
6694 of May 1, 1934, or vested in, transferred or delegated
to, the Attorney General or the Assistant Attor-
§ 14 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE Page 30
ors of the cargo of such vessels shall in like
manner deliver to the collector like statement
under oath as to the cargo or the parts thereof
laden or shipped by them, respectively, which
statement shall contain also the names and addresses
of the actual consignees of the cargo, or
if the shipment is made to a bank or other
broker, factor, or agent, the names and addresses
of the persons who are the actual consignees
on whose account the shipment is made. The
master or person in control of the vessel shall,
on reaching port of destination of any of the
cargo, deliver a copy of the manifest and of the
said master’s, owner’s shipper’s, or consignor’s
statement to the American consular officer of
the district in which the cargo is unladen.
(Oct. 6, 1917, ch. 106, §13, 40 Stat. 424.)
REFERENCES IN TEXT
The amendment by act June 15, 1917, referred to in
text, probably means the amendment made by section
4 of title V of act June 15, 1917, ch. 30, 40 Stat. 222.
Section 4198 of the Revised Statutes, referred to in
text, which was classified to section 94 of former Title
46, Shipping, was repealed by Pub. L. 103–182, title VI,
§690(a)(8), Dec. 8, 1993, 107 Stat. 2223.
Section 4200 of the Revised Statutes, referred to in
text, which was classified to section 92 of former Title
46, was repealed by Pub. L. 87–826, §3, Oct. 15, 1962, 76
Stat. 953.
CODIFICATION
In text, ‘‘section 60105 of title 46, and sections’’ substituted
for ‘‘sections forty-one hundred and ninetyseven,’’
on authority of Pub. L. 109–304, §18(c), Oct. 6,
2006, 120 Stat. 1709, which Act enacted section 60105 of
Title 46, Shipping.
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise
in Bureau of Customs of Department of the Treasury
to which appointments were required to be made by
President with advice and consent of Senate ordered
abolished with such offices to be terminated not later
than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May
25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix
to Title 5, Government Organization and Employees.
All functions of offices eliminated were already
vested in Secretary of the Treasury by Reorg. Plan No.
26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280,
set out in the Appendix to Title 5.
§ 14. False manifest; refusal of clearance; reports
of gold or silver coin in cargoes for export
During the present war, whenever there is reasonable
cause to believe that the manifest or the
additional statements under oath required by
the preceding section [section 13 of this Appendix]
are false or that any vessel, domestic or foreign,
is about to carry out of the United States
any property to or for the account or benefit of
an enemy, or ally of enemy, or any property or
person whose export, taking out, or transport
will be in violation of law, the collector of customs
for the district in which such vessel is located
is authorized and empowered subject to review
by the President to refuse clearance to any
such vessel, domestic or foreign, for which clearance
is required by law, and by formal notice
served upon the owners, master, or person or
persons in command or charge of any domestic
vessel for which clearance is not required by
law, to forbid the departure of such vessel from
the port, and it shall thereupon be unlawful for
such vessel to depart.
The collector of customs shall, during the
present war, in each case report to the President
the amount of gold or silver coin or bullion or
other moneys of the United States contained in
any cargo intended for export. Such report shall
include the names and addresses of the consignors
and consignees, together with any facts
known to the collector with reference to such
shipment and particularly those which may indicate
that such gold or silver coin or bullion or
moneys of the United States may be intended
for delivery or may be delivered, directly or indirectly,
to an enemy or an ally of enemy.
(Oct. 6, 1917, ch. 106, §14, 40 Stat. 424.)
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise
in Bureau of Customs of Department of the Treasury
to which appointments were required to be made by
President with advice and consent of Senate ordered
abolished with such offices to be terminated not later
than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May
25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix
to Title 5, Government Organization and Employees.
All functions of offices eliminated were already
vested in Secretary of the Treasury by Reorg. Plan No.
26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280,
set out in the Appendix to Title 5.
§ 15. Omitted
CODIFICATION
Section, act Oct. 6, 1917, ch. 106, §15, 40 Stat. 425,
made an appropriation of $450,000 for purpose of carrying
out the Act during fiscal year ending June 30, 1918.
§ 16. Offenses; punishment; forfeitures of property
(a) Whoever shall willfully violate any of the
provisions of this Act [sections 1 to 6, 7 to 39,
and 41 to 44 of this Appendix] or of any license,
rule, or regulation issued thereunder, and whoever
shall willfully violate, neglect, or refuse to
comply with any order of the President issued in
compliance with the provisions of the Act [said
sections] shall, upon conviction, be fined not
more than $1,000,000, or if a natural person, be
fined not more than $100,000, or imprisoned for
not more than ten years or both; and the officer,
director, or agent of any corporation who knowingly
participates in such violation shall, upon
conviction, be fined not more than $100,000 or
imprisoned for not more than ten years or both.
(b)(1) A civil penalty of not to exceed $50,000
may be imposed by the Secretary of the Treasury
on any person who violates any license,
order, rule, or regulation issued in compliance
with the provisions of this Act [sections 1 to 6,
7 to 39, and 41 to 44 of this Appendix].
(2) Any property, funds, securities, papers, or
other articles or documents, or any vessel, together
with its tackle, apparel, furniture, and
equipment, that is the subject of a violation
under paragraph (1) shall, at the direction of the
Secretary of the Treasury, be forfeited to the
United States Government.
(3) The penalties provided under this subsection
may be imposed only on the record after
Page 31 TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 18
opportunity for an agency hearing in accordance
with sections 554 through 557 of title 5, United
States Code, with the right to prehearing discovery.
(4) Judicial review of any penalty imposed
under this subsection may be had to the extent
provided in section 702 of title 5, United States
Code.
(c) Upon conviction, any property, funds, securities,
papers, or other articles or documents, or
any vessel, together with tackle, apparel, furniture,
and equipment, concerned in any violation
of subsection (a) may be forfeited to the
United States.
(Oct. 6, 1917, ch. 106, §16, 40 Stat. 425; Pub. L.
95–223, title I, §103(a), Dec. 28, 1977, 91 Stat. 1626;
Pub. L. 102–393, title VI, §628, Oct. 6, 1992, 106
Stat. 1772; Pub. L. 102–484, div. A, title XVII,
§1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L.
104–114, title I, §102(d), Mar. 12, 1996, 110 Stat.
792.)
AMENDMENTS
1996—Pub. L. 104–114, §102(d)(3)(A), made technical
amendment inserting section designation in original.
Subsec. (a). Pub. L. 104–114, §102(d)(3)(B), substituted
‘‘participates’’ for ‘‘participants’’.
Subsec. (b). Pub. L. 104–114, §102(d)(1), amended subsec.
(b), as added by Pub. L. 102–484, generally. Prior to
amendment, subsec. (b) read as follows:
‘‘(b)(1) The Secretary of the Treasury may impose a
civil penalty of not more than $50,000 on any person
who violates any license, order, rule, or regulation issued
under this Act.
‘‘(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its
tackle, apparel, furniture, and equipment, that is the
subject of a violation under paragraph (1) shall, at the
discretion of the Secretary of the Treasury, be forfeited
to the United States Government.
‘‘(3) The penalties provided under this subsection may
not be imposed for—
‘‘(A) news gathering, research, or the export or import
of, or transmission of, information or informational
materials; or
‘‘(B) clearly defined educational or religious activities,
or activities of recognized human rights organizations,
that are reasonably limited in frequency, duration,
and number of participants.
‘‘(4) The penalties provided under this subsection may
be imposed only on the record after opportunity for an
agency hearing in accordance with sections 554 through
557 of title 5, United States Code, with the right to prehearing
discovery.
‘‘(5) Judicial review of any penalty imposed under
this subsection may be had to the extent provided in
section 702 of title 5, United States Code.’’
Pub. L. 104–114, §102(d)(2), struck out subsec. (b), as
added by Pub. L. 102–393, which read as follows:
‘‘(b)(1) A civil penalty of not to exceed $50,000 may be
imposed by the Secretary of the Treasury on any person
who violates any license, order, rule, or regulation
issued in compliance with the provisions of this Act.
‘‘(2) The penalties provided under this subsection may
not be imposed for—
‘‘(A) news gathering, research, or the export or import
of, or transmission of, information or informational
materials; or
‘‘(B) clearly defined educational or religious activities,
or activities of recognized human rights organizations,
that are reasonably limited in frequency, duration,
and number of participants.’’
1992—Pub. L. 102–484, which directed substitution of
‘‘(a) Whoever’’ for ‘‘That whoever’’ and addition of subsec.
(b) at end, was executed to reflect the probable intent
of Congress in light of the intervening general
amendment by Pub. L. 102–393 (see below), by adding
subsec. (b) after subsec. (a).
Pub. L. 102–393 amended section generally, substituting
subsecs. (a) to (c) for former undesignated provisions
which read as follows: ‘‘Whoever shall willfully
violate any of the provisions of this Act or of any license,
rule, or regulation issued thereunder, and whoever
shall willfully violate, neglect, or refuse to comply
with any order of the President issued in compliance
with the provisions of this Act shall, upon conviction,
be fined not more than $50,000, or, if a natural person,
imprisoned for not more than ten years, or both; and
the officer, director, or agent of any corporation who
knowingly participates in such violation shall be punished
by a like fine, imprisonment, or both, and any
property, funds, securities, papers, or other articles or
documents, or any vessel, together with her tackle, apparel,
furniture, and equipment, concerned in such violation
shall be forfeited to the United States.’’
1977—Pub. L. 95–223 substituted ‘‘$50,000’’ for
‘‘$10,000’’.
§ 17. Rules by district courts; appeals
The district courts of the United States are
given jurisdiction to make and enter all such
rules as to notice and otherwise, and all such orders
and decrees, and to issue such process as
may be necessary and proper in the premises to
enforce the provisions of this Act [sections 1 to
6, 7 to 39, and 41 to 44 of this Appendix], with a
right of appeal from the final order or decree of
such court as provided in sections one hundred
and twenty-eight and two hundred and thirtyeight
of the Act of March third, nineteen hundred
and eleven, entitled ‘‘An Act to codify, revise,
and amend the laws relating to the judiciary.’’
(Oct. 6, 1917, ch. 106, §17, 40 Stat. 425.)
REFERENCES IN TEXT
Sections one hundred and twenty-eight and two hundred
and thirty-eight of the Act of March third, nineteen
hundred and eleven, entitled ‘‘An Act to codify, revise,
and amend the laws relating to the judiciary’’, referred
to in text, enacted sections 225 and 345 of former
Title 28, Judicial Code and Judiciary, respectively. Section
225 of former Title 28 was repealed by act June 25,
1948, ch. 646, §39, 62 Stat. 992, and reenacted as sections
1291, 1292, 1293, and 1294 of Title 28, Judiciary and Judicial
Procedure. Section 345 of former Title 28 was repealed
by act June 25, 1948, ch. 646, §39, 62 Stat. 992.
§ 18. Jurisdiction of courts of Philippines and
Canal Zone of offenses
The several courts of first instance in the
Philippine Islands and the district court of the
Canal Zone shall have jurisdiction of offenses
under this Act [sections 1 to 6, 7 to 39, and 41 to
44 of this Appendix] committed within their respective
districts, and concurrent jurisdiction
with the district courts of the United States of
offenses under this Act [said sections] committed
upon the high seas and of conspiracies to
commit such offenses as defined by section thirty-seven
of the Act entitled ‘‘An Act to codify,
revise, and amend the penal laws of the United
States,’’ approved March fourth, nineteen hundred
and nine, and the provisions of such section
for the purpose of this Act [said sections] are extended
to the Philippine Islands and to the
Canal Zone.
(Oct. 6, 1917, ch. 106, §18, 40 Stat. 425.)


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