50 U.S.C. § 4312 — Property transferred to Alien Property

Page 1077 TITLE 50—WAR AND NATIONAL DEFENSE § 4312 1982—Subsec. (i). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. 1946—Subsec. (a). Act Aug. 8, 1946, repealed subsec. (a). 1928—Subsec. (f). Act Mar. 10, 1928, added par. at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4311. Importations prohibited Whenever during the present war the Presi- dent shall find that the public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any country named in such proclamation any article or articles mentioned in such proclama- tion except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another. (Oct. 6, 1917, ch. 106, § 11, 40 Stat. 422.) Editorial Notes CODIFICATION Section was formerly classified to section 11 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4312. Property transferred to Alien Property Custodian All moneys (including checks and drafts pay- able on demand) paid to or received by the alien property custodian pursuant to this chapter shall be deposited forthwith in the Treasury of the United States, and may be invested and re- invested by the Secretary of the Treasury in United States bonds or United States certifi- cates of indebtedness, under such rules and regu- lations as the President shall prescribe for such deposit, investment, and sale of securities; and as soon after the end of the war as the President shall deem practicable, such securities shall be sold and the proceeds deposited in the Treasury. All other property of an enemy, or ally of enemy, conveyed, transferred, assigned, deliv- ered, or paid to the alien property custodian hereunder shall be safely held and administered by him except as hereinafter provided; and the President is authorized to designate as a deposi- tary, or depositaries, of property of an enemy or ally of enemy, any bank, or banks, or trust com- pany, or trust companies, or other suitable de- positary or depositaries, located and doing busi- ness in the United States. The alien property custodian may deposit with such designated de- positary or depositaries, or with the Secretary of the Treasury, any stocks, bonds, notes, time drafts, time bills of exchange, or other securi- ties, or property (except money or checks or drafts payable on demand which are required to be deposited with the Secretary of the Treasury) and such depositary or depositaries shall be au- thorized and empowered to collect any dividends or interest or income that may become due and any maturing obligations held for the account of such custodian. Any moneys collected on said account shall be paid and deposited forthwith by said depositary or by the alien property custo- dian into the Treasury of the United States as hereinbefore provided. The President shall require all such des- ignated depositaries to execute and file bonds sufficient in his judgment to protect property on deposit, such bonds to be conditioned as he may direct. The alien property custodian shall be vested with all of the powers of a common-law trustee in respect of all property, other than money, which has been or shall be, or which has been or shall be required to be, conveyed, transferred, assigned, delivered, or paid over to him in pursu- ance of the provisions of this chapter, and, in addition thereto, acting under the supervision and direction of the President, and under such rules and regulations as the President shall pre- scribe, shall have power to manage such prop- erty and do any act or things in respect thereof or make any disposition thereof or of any part thereof, by sale or otherwise, and exercise any rights or powers which may be or become appur- tenant thereto or to the ownership thereof in like manner as though he were the absolute owner thereof: Provided, That any property sold under this chapter except when sold to the United States, shall be sold only to American citizens, at public sale to the highest bidder, after public advertisement of time and place of sale which shall be where the property or a major portion thereof is situated, unless the President stating the reasons therefor, in the public interest shall otherwise determine: Pro- vided further, That when sold at public sale, the alien property custodian upon the order of the President stating the reasons therefor, shall have the right to reject all bids and resell such property at public sale or otherwise as the President may direct. Any person purchasing property from the alien property custodian for an undisclosed principal, or for re-sale to a per- son not a citizen of the United States, or for the benefit of a person not a citizen of the United States, shall be guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not more than $10,000, or imprisonment for not more Page 1078 TITLE 50—WAR AND NATIONAL DEFENSE § 4313 1 See References in Text note below. than ten years, or both, and the property shall be forfeited to the United States. It shall be the duty of every corporation incorporated within the United States and every unincorporated as- sociation, or company, or trustee, or trustees within the United States issuing shares or cer- tificates representing beneficial interests to transfer such shares or certificates upon its, his, or their books into the name of the alien prop- erty custodian upon demand, accompanied by the presentation of the certificates which rep- resent such shares or beneficial interests. The alien property custodian shall forthwith deposit in the Treasury of the United States, as herein- before provided, the proceeds of any such prop- erty or rights so sold by him. Any money or property required or authorized by the provisions of this chapter to be paid, con- veyed, transferred, assigned, or delivered to the alien property custodian shall, if said custodian shall so direct by written order, be paid, con- veyed, transferred, assigned, or delivered to the Treasurer of the United States with the same ef- fect as if to the alien property custodian. After the end of the war any claim of any enemy or of an ally of enemy to any money or other property received and held by the alien property custodian or deposited in the United States Treasury, shall be settled as Congress shall direct: Provided, however, That on order of the President as set forth in section 4309 of this title, or of the court, as set forth in sections 4309 and 4310 of this title, the alien property custo- dian or the Treasurer of the United States, as the case may be, shall forthwith convey, trans- fer, assign, and pay to the person to whom the President shall so order, or in whose behalf the court shall enter final judgment or decree, any property of an enemy or ally of enemy held by said custodian or by said Treasurer, so far as may be necessary to comply with said order of the President or said final judgment or decree of the court: And provided further, That the Treas- urer of the United States, on order of the alien property custodian shall, as provided in section 4310 of this title, repay to the licensee any funds deposited by said licensee. (Oct. 6, 1917, ch. 106, § 12, 40 Stat. 423; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 460.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 12 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1918—Act Mar. 28, 1918, required that property sold be sold at public sale to American citizens, gave Custo- dian right to reject bids, and made violations of sale regulations subject to fine or imprisonment as mis- demeanors. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. § 4313. Statements by masters of vessels and own- ers of cargoes before granting clearances During the present war, in addition to the facts required by section 60105 of title 46, and sections forty-one hundred and ninety-eight,1 and forty-two hundred 1 of the Revised Statutes, as amended by the Act of June fifteenth, nine- teen hundred and seventeen, to be set out in the master’s and shipper’s manifests before clear- ance will be issued to vessels bound to foreign ports, the master or person in charge of any ves- sel, before departure of such vessel from port, shall deliver to the collector of customs of the district wherein such vessel is located a state- ment duly verified by oath that the cargo is not shipped or to be delivered in violation of this chapter, and the owners, shippers, or consignors 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 state- ment 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, fac- tor, 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.) Editorial Notes REFERENCES IN TEXT Section 4198 of the Revised Statutes, referred to in text, was classified to section 94 of former Title 46, Shipping, prior to repeal 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, was classified to section 92 of former Title 46, Shipping, prior to repeal by Pub. L. 87–826, § 3, Oct. 15, 1962, 76 Stat. 953. 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. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 13 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.