50 U.S.C. § 4302 — Definitions

Page 1055 TITLE 50—WAR AND NATIONAL DEFENSE § 4302 1 So in original. Sec. 4311. Importations prohibited. 4312. Property transferred to Alien Property Custo- dian. 4313. Statements by masters of vessels and owners of cargoes before granting clearances. 4314. False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export. 4315. Offenses; punishment; forfeitures of property. 4316. Rules by district courts; appeals. 4317. Fees of agents, attorneys, or representatives. 4318. Claims of naturalized citizens as affected by expatriation. 4319. Fugitives from justice barred from recovery. 4320. Payment of income, etc., by Alien Property Custodian. 4321. Payment of taxes and expenses by Alien Prop- erty Custodian. 4322. Investments by Custodian in participating certificates issued by Secretary of the Treasury; transfers to and payments from German, Austrian or Hungarian special de- posit accounts; allocation of payments. 4323. Allocation of ‘‘unallocated interest fund’’. 4324. Return by Custodian, to United States, of payments under licenses, assignments or sales of patents. 4325. ‘‘Unallocated interest fund’’ defined. 4326. Waiver by Custodian of demand for property; acceptance of less amount; approval of At- torney General. 4327. Attachment or garnishment of funds or prop- erty held by Custodian. 4328. ‘‘Member of the former ruling family’’ de- fined. 4329. Return of property. 4330. Notice of claim; institution of suits; com- putation of time. 4331. Payment of debts. 4332. Hearings on claims; rules and regulations; delegation of powers. 4333. Taxes. 4334. Insurance of property. 4335. Shipment of relief supplies; definitions. 4336. Retention of properties or interests of Ger- many and Japan and their nationals; pro- ceeds covered into Treasury; ex gratia pay- ment to Switzerland. 4337. Intercustodial conflicts involving enemy property; authority of President to con- clude; delegation of authority. 4338. Divestment of estates, trusts, insurance poli- cies, annuities, remainders, pensions, work- men’s compensation and veterans’ benefits; exceptions; notice of divestment. 4339. Claims for proceeds from sale of certain cer- tificates: jurisdiction, limitations; divest- ment of copyrights: ‘‘copyrights’’ defined, rights of licensees and assignees, reproduc- tion rights of United States, transfer of in- terests, payment of royalties to Attorney General, suits for infringement. 4340. Divestment of trademarks. 4341. Motion picture prints, transfer of title. Editorial Notes CODIFICATION Act Oct. 6, 1917, ch. 106, 40 Stat. 411, comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Ap- pendix to this title, see Table II, set out preceding sec- tion 1 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF WORLD WAR AND EMERGENCY Act Oct. 6, 1917, ch. 106, 40 Stat. 411, comprising this chapter, 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 resolu- tions, and proclamations should be construed as though the World War had ended and the then present or exist- ing emergency expired. § 4301. Designation of chapter This chapter shall be known as the ‘‘Trading with the enemy 1 Act.’’ (Oct. 6, 1917, ch. 106, § 1, 40 Stat. 411.) 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 Tables. CODIFICATION Section was formerly classified to section 1 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4302. Definitions The word ‘‘enemy,’’ as used herein, shall be deemed to mean, for the purposes of such trad- ing and of this chapter— (a) Any individual, partnership, or other body of individuals, of any nationality, resident with- in the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation in- corporated within such territory of any nation with which the United States is at war or incor- porated within any country other than the United States and doing business within such territory. (b) The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, of- ficial, agent, or agency thereof. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or sub- jects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term ‘‘enemy.’’ The words ‘‘ally of enemy,’’ as used herein, shall be deemed to mean— (a) Any individual, partnership, or other body of individuals, of any nationality, resident with- in the territory (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory. (b) The government of any nation which is an ally of a nation with which the United States is Page 1056 TITLE 50—WAR AND NATIONAL DEFENSE § 4303 at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or sub- jects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term ‘‘ally of enemy.’’ The word ‘‘person,’’ as used herein, shall be deemed to mean an individual, partnership, as- sociation, company, or other unincorporated body of individuals, or corporation or body poli- tic. The words ‘‘United States,’’ as used herein, shall be deemed to mean all land and water, con- tinental or insular, in any way within the juris- diction of the United States or occupied by the military or naval forces thereof. The words ‘‘the beginning of the war,’’ as used herein, shall be deemed to mean midnight end- ing the day on which Congress has declared or shall declare war or the existence of a state of war. The words ‘‘end of the war,’’ as used herein, shall be deemed to mean the date of proclama- tion of exchange of ratifications of the treaty of peace, unless the President shall, by proclama- tion, declare a prior date, in which case the date so proclaimed shall be deemed to be the ‘‘end of the war’’ within the meaning of this chapter. The words ‘‘bank or banks,’’ as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States. The words ‘‘to trade,’’ as used herein, shall be deemed to mean— (a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation. (b) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instru- ment or chose in action. (c) Enter into, carry on, complete, or perform any contract, agreement, or obligation. (d) Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property. (e) To have any form of business or commer- cial communication or intercourse with. (Oct. 6, 1917, ch. 106, § 2, 40 Stat. 411.) 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 2 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents WORLD WAR I PROCLAMATIONS ENUMERATING ENEMIES The following Presidential Proclamations issued dur- ing World War I declared the partnerships and persons enumerated therein to be ‘‘enemies’’: Proc. Feb. 5, 1918, 40 Stat. 1745. Proc. May 31, 1918, 40 Stat. 1786. Proc. Aug. 10, 1918, 40 Stat. 1833. Proc. Aug. 14, 1918, 40 Stat. 1837. Proc. Nov. 29, 1918, 40 Stat. 1899. § 4303. Acts prohibited It shall be unlawful— (a) For any person in the United States, except with the license of the President, granted to such person, or to the enemy, or ally of enemy, as provided in this chapter, to trade, or attempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, di- rectly or indirectly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy. (b) For any person, except with the license of the President, to transport or attempt to trans- port into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or at- tempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen. (c) For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy nation, and other than such persons or classes of persons as may be ex- empted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communica- tion, except in the regular course of the mail; and it shall be unlawful for any person to send, take, or transmit, or attempt to send, take, or transmit out of the United States, any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of communication in- tended for or to be delivered, directly or indi- rectly, to an enemy or ally of enemy: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the li- cense or consent of the President, under such rules and regulations, and with such exemp- tions, as shall be prescribed by the President. (d) Whenever, during the present war, the President shall deem that the public safety de- mands it, he may cause to be censored under such rules and regulations as he may from time to time establish, communications by mail, cable, radio, or other means of transmission passing between the United States and any for-