22 U.S.C. § 1382 — Administration of the Trading With the

Page 342 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1373 in view of the expiration of the revised agreement be- tween the United States and the Republic of the Phil- ippines which occurred on July 4, 1974. Section 1372, act Aug. 1, 1955, ch. 438, title II, § 201, 69 Stat. 413, authorized revised agreement. See Codifica- tion note for section 1371 of this title. Statutory Notes and Related Subsidiaries REVISED AGREEMENT BETWEEN UNITED STATES AND PHILIPPINES Act Aug. 1, 1955, ch. 438, title II, § 201, 69 Stat. 413, pro- vided in part for a revised agreement, accompanied by a protocol, between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period following the in- stitution of Philippine Independence on July 4, 1946, which agreement by the terms of Article XI thereof, was to have no effect after July 3, 1974. MODIFICATION OF TEXT OF REVISED AGREEMENT Act Aug. 1, 1955, ch. 438, title II, § 202, 69 Stat. 425, pro- vided that the text of the revised agreement between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period after Philippine independence was to be modified only to the extent necessary to correct errors or references to laws, to reflect executive or leg- islative action taken by the Philippines, or merely as changes in style. DUTY-FREE TREATMENT FOR SCRAP TOBACCO AND FILLER TOBACCO Pub. L. 87–47, June 16, 1961, 75 Stat. 92, provided that the duty-free treatment for scrap tobacco and filler to- bacco described in item B in the schedule to paragraph 2 of article II of the agreement between the United States and the Republic of the Philippines concerning trade and other related matters during a transitional period after Philippine independence, as revised, was to apply only to articles certified by the Philippines as having been allocated for exportation to the United States free of duty under that paragraph. § 1373. Suspension of Philippine Trade Act of 1946 The Philippine Trade Act of 1946 [22 U.S.C. 1251 et seq.] (except section 506(a) of this title [22 U.S.C. 1356] relating to termination of payments into Philippine Treasury, and except amend- ments and repeals made by such Act) shall not apply during such time as the revised agreement is in effect. (Aug. 1, 1955, ch. 438, title III, § 302, 69 Stat. 426.) Editorial Notes REFERENCES IN TEXT The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, which is classi- fied principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables. The revised agreement, referred to in text, was set out as a note under section 1371 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 1, 1955, ch. 438, title III, § 301(b), 69 Stat. 426, provided that: ‘‘The provisions of this title [enacting sections 1373 to 1379 of this title and amending section 734 of Title 48, Territories and Insular Possessions] shall take effect on January 1, 1956, but only if the President of the United States has made the proclama- tion referred to in subsection (a) [section 1379 of this title].’’ SHORT TITLE Act Aug. 1, 1955, ch. 438, title I, § 1, 69 Stat. 413, pro- vided that: ‘‘This Act [enacting this subchapter and amending section 734 of Title 48, Territories and Insular Possessions] may be cited as the ‘Philippine Trade Agreement Revision Act of 1955’.’’ §§ 1374 to 1379. Omitted Editorial Notes CODIFICATION Section 1374, act Aug. 1, 1955, ch. 438, title III, § 303, 69 Stat. 426, related to quotas established by article III of the revised agreement. See Codification note for sec- tion 1371 of this title. Section 1375, act Aug. 1, 1955, ch. 438, title III, § 304, 69 Stat. 426, related to suspension of processing tax on co- conut oil. See Codification note for section 1371 of this title. Section 1376, act Aug. 1, 1955, ch. 438, title III, § 305, 69 Stat. 426, provided that prior to July 4, 1974, no trade agreement be entered into with Republic of Philippines that would be inconsistent with this subchapter or re- vised agreement. See Codification note for section 1371 of this title. Section 1377, act Aug. 1, 1955, ch. 438, title III, § 306, 69 Stat. 426, related to rights of third countries to benefits granted Philippines by revised agreement. See Codifica- tion note for section 1371 of this title. Section 1378, act Aug. 1, 1955, ch. 438, title III, § 307, 69 Stat. 426, related to administration of revised agree- ment. See Codification note for section 1371 of this title. Section 1379, act Aug. 1, 1955, ch. 438, title III, § 301(a), 69 Stat. 426, related to effective date of revised agree- ment. See Codification note for section 1371 of this title. SUBCHAPTER V—PROPERTY RETAINED BY THE UNITED STATES § 1381. Retention by United States of title to real and personal property There shall remain vested in the Government of the United States or its agencies or instru- mentalities all the right, title, and interest of the said Government or its agencies or instru- mentalities to all real and personal property within the Philippine Islands as may now be vested in, or later be acquired by the Govern- ment of the United States or any of its agencies or instrumentalities. (July 3, 1946, ch. 536, § 2, 60 Stat. 418.) Statutory Notes and Related Subsidiaries SHORT TITLE Act July 3, 1946, ch. 536, § 1, 60 Stat. 418, provided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Philippine Property Act of 1946’.’’ § 1382. Administration of the Trading With the Enemy Act in Philippines The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended, shall continue in force in the Philippines after July 4, 1946, and all powers and authority conferred upon the Presi- dent of the United States or the Alien Property Custodian by the terms of the said Trading With Page 343 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1382 the Enemy Act, as amended, with respect to the Philippines, shall continue thereafter to be exer- cised by the President of the United States, or such officer or agency as he may designate: Pro- vided, That all property vested in or transferred to the President of the United States, the Alien Property Custodian, or any such officer or agen- cy as the President of the United States may designate under the Trading With the Enemy Act, as amended, which was located in the Phil- ippines at the time of such vesting, or the pro- ceeds thereof, and which shall remain after the satisfaction of any claim payable under the Trading With the Enemy Act, as amended, and after the payment of such costs and expenses of administration as may by law be charged against such property or proceeds, shall be transferred by the President of the United States to the Republic of the Philippines: Pro- vided further, That such property, or proceeds thereof, may be transferred by the President of the United States to the Republic of the Phil- ippines upon indemnification acceptable to the President of the United States by the Republic of the Philippines for such claims, costs, and ex- penses of administration as may by law be charged against such property or proceeds there- of before final adjudication of such claims, costs, and expenses of administration: Provided further, That the courts of first instance of the Republic of the Philippines are given jurisdic- tion to make and enter all such rules as to no- tice or otherwise, and all such orders and de- crees, and to issue such process as may be nec- essary and proper in the premises to enforce any orders, rules, and regulations issued by the President of the United States, the Alien Prop- erty Custodian, or such officer or agency des- ignated by the President of the United States pursuant to the Trading With the Enemy Act, as amended, with such right of appeal therefrom as may be provided by law: And provided further, That any suit authorized under the Trading With the Enemy Act, as amended, with respect to property vested in or transferred to the Presi- dent of the United States, the Alien Property Custodian, or any officer or agency designated by the President of the United States hereunder, which at the time of such vesting or transfer was located within the Philippines, shall after July 4, 1946, be brought, in the appropriate court of first instance of the Republic of the Phil- ippines, against the officer or agency hereunder designated by the President of the United States with such right of appeal therefrom as may be provided by law, but suits with respect to such property shall after ninety days from December 21, 1950, be brought only in the courts of the United States. (July 3, 1946, ch. 536, § 3, 60 Stat. 418; Dec. 21, 1950, ch. 1144, 64 Stat. 1116.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act of October 6, 1917, as amended, referred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1950—Act Dec. 21, 1950, required that 90 days after Dec. 21, 1950, all suits against the Philippine Alien Property Administration be brought in United States courts instead of in Philippine courts. Statutory Notes and Related Subsidiaries TERMINATION OF PHILIPPINE ALIEN PROPERTY ADMINISTRATION; TRANSFER OF FUNCTIONS Act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 699, provided in part that the Philippine Alien Property Ad- ministration cease to exist after June 30, 1951, and all duties performed by such Administration as of that date be transferred to the Office of Alien Property Cus- todian, including all records, files, and other property. Executive Documents EXECUTIVE ORDER NO. 9789 Ex. Ord. No. 9789, Oct. 14, 1946, 11 F.R. 11981, related to the establishment of the Philippine Alien Property Administration, and was superseded by Ex. Ord. No. 9818, formerly set out below. EXECUTIVE ORDER NO. 9818 Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, amended Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, related to the establishment of the Philippine Alien Property Admin- istration, and was omitted under the authority of Ex. Ord. No. 10254, set out below, which terminated the Ad- ministration. EXECUTIVE ORDER NO. 9876 Ex. Ord. No. 9876, July 24, 1947, 12 F.R. 4981, author- ized the delegation of certain presidential functions to the Philippine Alien Property Administrator and was omitted in view of Ex. Ord. No. 10254, set out below, which terminated the Administration. EXECUTIVE ORDER NO. 9921 Ex. Ord. No. 9921, Jan 10, 1948, 13 F.R. 171, authorized the Philippine Alien Property Administrator to trans- fer certain property to the Republic of the Philippines, and was omitted under the authority of Ex. Ord. No. 10254, set out below, which terminated the Alien Prop- erty Administration. EX. ORD. NO. 10254. TERMINATION OF PHILIPPINE ALIEN PROPERTY ADMINISTRATION AND TRANSFER OF FUNC- TIONS TO DEPARTMENT OF JUSTICE Ex. Ord. No. 10254, June 15, 1951, 16 F.R. 5829, provided: 1. The Philippine Alien Property Administration, es- tablished by Executive Order No. 9818 of January 7, 1947 [formerly set out as note under this section], is hereby terminated. All authority, rights, privileges, powers, duties, and functions vested in such Administration or in the Philippine Alien Property Administrator or transferred or delegated thereto are hereby vested in or transferred or delegated to the Attorney General, as the case may be, and shall be administered by him or under his direction and control by such officers and agencies of the Department of Justice as he may des- ignate. 2. All property or interests vested in or transferred to the Philippine Alien Property Administration or the Administrator thereof, and all proceeds thereof, which are held or administered by the Philippine Alien Prop- erty Administration or the Administrator thereof are hereby transferred to the Attorney General of the United States. 3. All personnel, records, files, furniture, funds, au- thorizations, equipment, and supplies of the Philippine Alien Property Administration are hereby transferred to the Department of Justice. 4. All necessary expenses incurred in the administra- tion or operation of the functions, duties, authority, Page 344 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1383 rights, privileges, and powers hereby vested in or trans- ferred or delegated to the Attorney General shall be paid, to the extent permitted and in the manner pre- scribed by law, from funds or property or interests vested in or transferred to the Attorney General by or pursuant to the authority contained in this order, so as to prevent diminution of funds otherwise available for the War Claims Fund under section 39 of the Trading with the Enemy Act, as amended by section 12 of the act of July 3, 1948, 62 Stat. 1246 [50 U.S.C. 4336]. This order shall become effective at the close of busi- ness in Washington, D.C., on June 29, 1951, and shall at that time supersede all prior Executive orders to the extent that they are in conflict with this order. HARRY S TRUMAN. § 1383. Transfer of property by President of United States In respect to property not transferable to the Republic of the Philippines under section 1382 of this title, the President of the United States is authorized, in his discretion and under such terms and conditions as he may deem appro- priate, to transfer to the Republic of the Phil- ippines any or all of the right, title, and interest of the Government of the United States or its agencies or instrumentalities to any or all real and personal property vested in such agencies or instrumentalities. (July 3, 1946, ch. 536, § 4, 60 Stat. 419.) Executive Documents EX. ORD. NO. 9937. DELEGATION OF PRESIDENT’S AUTHOR- ITY TO AGENCIES PARTICIPATING IN THE PHILIPPINE RE- COVERY PROGRAM Ex. Ord. No. 9937, Mar. 20, 1948, 13 F.R. 1503 as amend- ed by act June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070; 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, provided: By virtue of the authority vested in me by the Con- stitution and the statutes, and as President of the United States, it is hereby ordered as follows: The Commissioner of Public Roads of the Department of Commerce, the Chief of Engineers of the United States Army, the Philippine War Damage Commission, the Surgeon General of the Public Health Service of the Federal Security Agency [now the Department of Health and Human Services], the Maritime Administra- tion, the Director of the Fish and Wildlife Service [now the United States Fish and Wildlife Service] of the De- partment of the Interior, and the Administrator of Civil Aeronautics, the Chief of the Weather Bureau [now the National Weather Service], and the Director of the Coast and Geodetic Survey [now the National Ocean Survey] of the Department of Commerce are hereby authorized, as to their respective agencies, to exercise the authority vested in the President by sec- tion 4 of the Philippine Property Act of 1946 (60 Stat. 419) [this section]: Provided, that this authority shall be exercised only with respect to property located in the Philippines in the possession and control of the respec- tive agencies and utilized in carrying out the provi- sions of Title III of the Philippine Rehabilitation Act of 1946 (60 Stat. 135) [sections 1781 to 1789 of the former Ap- pendix to Title 50, War and National Defense]. § 1384. Transfer of shares of corporations owning agricultural lands; consideration; indem- nification Immediately upon passage of this subchapter the Alien Property Custodian of the United States shall enter into an agreement with the President of the Philippines to transfer to the Philippine Government for a nominal cash con- sideration all shares now vested or hereafter vested by the Alien Property Custodian of cor- porations owning in fee, leasing, or otherwise operating or controlling agricultural lands in the Philippines, other agricultural lands in the Philippines, vested or hereafter vested by the Alien Property Custodian not included in the foregoing, and improved property in Manila vested or hereafter vested by the Alien Property Custodian which in his judgment is urgently needed for the operation of an administrative agency of the Philippine Government: Provided, That in respect to property transferred under this section to the Philippine Government, it shall be made a part of the agreement that the Philippine Government shall fully indemnify the United States for all claims payable under the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], and for all such costs and ex- penses of administration as may by law be charged against such property or proceeds there- of. (July 3, 1946, ch. 536, § 5, 60 Stat. 419.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, as amended, re- ferred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. § 1385. Ownership of naval reservations, diplo- matic property, etc., unaffected Nothing contained in this subchapter shall be construed as amending the provisions of the Act of March 24, 1934 (48 Stat. 456), as amended, re- specting naval reservations and fueling stations, and diplomatic or consular property, and the property of the High Commissioner to the Phil- ippine Islands, nor as amending the provisions of section 1392 of this title, respecting bases for the mutual protection of the Philippine Islands and the United States. (July 3, 1946, ch. 536, § 6, 60 Stat. 419.) Editorial Notes REFERENCES IN TEXT Act of March 24, 1934, as amended, referred to in text, is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247, of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Ta- bles. § 1386. Definitions For the purposes of this subchapter the term ‘‘Philippine Government’’ shall mean ‘‘Govern- ment of the Commonwealth of the Philippines’’ until the date of independence, and thereafter it shall mean the ‘‘Government of the Republic of the Philippines’’. (July 3, 1946, ch. 536, § 7, 60 Stat. 420.)