50 U.S.C. § 4316 — Rules by district courts; appeals

Page 1080 TITLE 50—WAR AND NATIONAL DEFENSE § 4316 less the indictment is found or the informa- tion is instituted within 10 years after the lat- est date of the violation upon which the in- dictment or information is based. (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; Pub. L. 111–195, title I, § 107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, § 3111(b), Apr. 24, 2024, 138 Stat. 939.) Editorial Notes REFERENCES IN TEXT ‘‘This chapter’’ and ‘‘the chapter’’, referred to in sub- secs. (a) and (b)(1), were in the original ‘‘this Act’’ and ‘‘the Act’’, respectively, 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 com- plete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 16 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–50 added subsec. (d). 2010—Subsec. (a). Pub. L. 111–195 substituted ‘‘if a natural person, be imprisoned for not more than 20 years, or both.’’ for ‘‘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 viola- tion shall, upon conviction, be fined not more than $100,000 or imprisoned for not more than ten years or both.’’ 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 sub- sec. (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 chapter. ‘‘(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 im- port of, or transmission of, information or informa- tional materials; or ‘‘(B) clearly defined educational or religious activi- ties, or activities of recognized human rights organi- zations, that are reasonably limited in frequency, du- ration, 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, 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.’’ 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 per- son who violates any license, order, rule, or regulation issued in compliance with the provisions of this chap- ter. ‘‘(2) The penalties provided under this subsection may not be imposed for— ‘‘(A) news gathering, research, or the export or im- port of, or transmission of, information or informa- tional materials; or ‘‘(B) clearly defined educational or religious activi- ties, or activities of recognized human rights organi- zations, that are reasonably limited in frequency, du- ration, and number of participants.’’ 1992—Pub. L. 102–484, which directed substitution of ‘‘(a) Whoever’’ for ‘‘That whoever’’ and addition of sub- sec. (b) at end, was executed to reflect the probable in- tent 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, sub- stituting subsecs. (a) to (c) for former undesignated provisions which read as follows: ‘‘Whoever shall will- fully violate any of the provisions of this chapter 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 com- pliance with the provisions of this chapter shall, upon conviction, be fined not more than $50,000, or, if a nat- ural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corpora- tion 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’’. § 4316. 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 or- ders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this chapter, 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 thirty- eight of the Act of March third, nineteen hun- dred and eleven, entitled ‘‘An Act to codify, re- vise, and amend the laws relating to the judici- ary.’’ (Oct. 6, 1917, ch. 106, § 17, 40 Stat. 425.) 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. Sections one hundred and twenty-eight and two hun- dred and thirty-eight of the Act of March third, nine- teen hundred and eleven, entitled ‘‘An Act to codify, re- vise, and amend the laws relating to the judiciary’’, re- ferred to in text, enacted sections 225 and 345 of former Title 28, Judicial Code and Judiciary, respectively. Sec- tion 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 Judi- cial Procedure. Section 1293 of Title 28 was repealed by Page 1081 TITLE 50—WAR AND NATIONAL DEFENSE § 4318 Pub. L. 87–189, § 3, Aug. 30, 1961, 75 Stat. 417. Section 345 of former Title 28 was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992. CODIFICATION Section was formerly classified to section 17 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4317. Fees of agents, attorneys, or representa- tives No property or interest or proceeds shall be re- turned under this chapter, nor shall any pay- ment be made or judgment awarded in respect of any property or interest vested in or transferred to any officer or agency of the United States under this chapter unless satisfactory evidence is furnished to the President or such officer or agency as he may designate, or the court, as the case may be, that the aggregate of the fees to be paid to all agents, attorneys at law or in fact, or representatives, for services rendered in connec- tion with such return or payment or judgment does not exceed 10 per centum of the value of such property or interest or proceeds or of such payment. Any agent, attorney at law or in fact, or representative, believing that the aggregate of the fees should be in excess of such 10 per cen- tum may in the case of any return of, or the making of any payment in respect of, such prop- erty or interest or proceeds by the President or such officer or agency as he may designate, peti- tion the district court of the United States for the district in which he resides for an order au- thorizing fees in excess of 10 per centum and shall name such officer or agency as respondent. The court hearing such petition, or a court awarding any judgment in respect of any such property or interest or proceeds, as the case may be, shall approve an aggregate of fees in excess of 10 per centum of the value of such property or interest or proceeds only upon a finding that there exist special circumstances of unusual hardship which require the payment of such ex- cess. Any person accepting any fee in excess of an amount approved hereunder, or retaining for more than thirty days any portion of a fee, ac- cepted prior to approval hereunder, in excess of the fee as approved, shall be guilty of a violation of this chapter. (Oct. 6, 1917, ch. 106, § 20, as added Mar. 4, 1923, ch. 285, § 2, 42 Stat. 1515; amended Mar. 10, 1928, ch. 167, § 9(c), 45 Stat. 267; Mar. 8, 1946, ch. 83, § 2, 60 Stat. 54; June 25, 1956, ch. 436, 70 Stat. 331.) 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 20 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1956—Act June 25, 1956, struck out provisions which required a schedule of fees to be furnished to, and ap- proved by, the President or such officer or agency as he designated, and which permitted approval of such schedule of fees only upon a determination that the in- dividual fees did not exceed fair compensation for serv- ices rendered. 1946—Act Mar. 8, 1946, raised limitation of fees from 3 per centum of amount involved to 10 per centum. 1928—Act Mar. 10, 1928, inserted ‘‘at law or in fact’’ after ‘‘attorney’’ wherever appearing. Executive Documents TRANSFER OF FUNCTIONS Alien Property Custodian designated officer to ad- minister powers and authority conferred upon the President by this section, see Ex. Ord. No. 9725, set out below. Office of World War II Alien Property Custodian ter- minated and powers, duties, and functions vested in or transferred or delegated to such Office or in the Alien Property Custodian transferred to Attorney General, see Ex. Ord. No. 9788, set out under section 4306 of this title. EX. ORD. NO. 9725. ADMINISTRATION OF POWERS AND AU- THORITY OF PRESIDENT BY ALIEN PROPERTY CUSTODIAN Ex. Ord. No. 9725, May 16, 1946, 11 F.R. 5381, provided: The Alien Property Custodian is designated as the of- ficer to administer the powers and authority conferred upon the President by section 20 of the Trading with the Enemy Act, as amended by Public Law 322, 79th Congress, approved March 8, 1946 [50 U.S.C. 4317], and by section 32 of the said act, as added by the said Public Law 322 [50 U.S.C. 4329]. The Alien Property Custodian may delegate to offi- cers and employees of the Office of Alien Property Cus- todian such functions as he may deem necessary to carry out the provisions of this order. This order shall not be construed as revoking or lim- iting any power or authority heretofore delegated to the Alien Property Custodian. HARRY S. TRUMAN. § 4318. Claims of naturalized citizens as affected by expatriation The claim of any naturalized American citizen under the provisions of this chapter shall not be denied on the ground of any presumption of ex- patriation which has arisen against him, under the second sentence of section 2 of the Act enti- tled ‘‘An Act in reference to the expatriation of citizens and their protection abroad,’’ approved March 2, 1907, if he shall give satisfactory evi- dence to the President, or the court, as the case may be, of his uninterrupted loyalty to the United States during his absence, and that he has returned to the United States, or that he, al- though desiring to return, has been prevented from so returning by circumstances beyond his control. (Oct. 6, 1917, ch. 106, § 21, as added Mar. 4, 1923, ch. 285, § 2, 42 Stat. 1516.) 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. The second sentence of section 2 of the Act entitled ‘‘An Act in reference to the expatriation of citizens and