22 U.S.C. § 1386 — Definitions

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.) Page 345 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1393 1 See References in Text note below. 2 So in original. Probably should be ‘‘Treasury’’. Editorial Notes REFERENCES IN TEXT Date of independence, referred to in text, was July 4, 1946 as recognized by 1946 Proc. No. 2695, eff. July 4, 1946, set out as a note under section 1394 of this title. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS § 1391. Transfer of property and rights to Phil- ippine Commonwealth All the property and rights which may have been acquired in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other property as has heretofore been designated by the President of the United States for Mili- tary and other reservations of the Government of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are granted to the govern- ment of the Commonwealth of the Philippine Is- lands when constituted. (Mar. 24, 1934, ch. 84, § 5, 48 Stat. 459.) Editorial Notes REFERENCES IN TEXT Treaties mentioned in the first section of this Act, referred to in text, were treaty of peace between the United States and Spain of December 10, 1898, and trea- ty between Spain and the United States concluded at Washington, Nov. 7, 1900. The first section of this Act, referred to in text, is section 1 of act Mar. 24, 1934, which was classified to section 1231 of Title 48, Territories and Insular Posses- sions, and was omitted from the Code. Since their independence, the Philippine Islands have been a republic, and are no longer designated as a ‘‘Commonwealth’’, referred to in text. See note below. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Jan. 17, 1933, ch. 11, § 5, 47 Stat. 764. Statutory Notes and Related Subsidiaries SEPARABILITY Act Mar. 24, 1934, ch. 84, § 16, 48 Stat. 464, provided: ‘‘If any provision of this Act [enacting this section and sec- tions 1281a, 1393 to 1395 of this title, amending sections 1231 to 1234, 1237 to 1239, 1241 to 1243, 1245, 1247, and 1248 of Title 48, Territories and Insular Possessions] is de- clared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the valid- ity of the remainder of the act and the applicability of such provisions and circumstances shall not be affected thereby.’’ Executive Documents PHILIPPINE INDEPENDENCE Philippine Islands granted independence by Proc. No. 2695, which is set out as a note under section 1394 of this title. § 1392. Acquisition of military and naval bases by United States After negotiation with the President of the Commonwealth of the Philippines, or the Presi- dent of the Filipino Republic, the President of the United States is authorized by such means as he finds appropriate to withhold or to acquire and to retain such bases, necessary appur- tenances to such bases, and the rights incident thereto, in addition to any provided for by the Act of March 24, 1934, as he may deem necessary for the mutual protection of the Philippine Is- lands and of the United States. (June 29, 1944, ch. 322, § 2, 58 Stat. 626.) Editorial Notes REFERENCES IN TEXT Act of March 24, 1934, 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 Tables. Executive Documents PHILIPPINE INDEPENDENCE Philippine Islands granted independence by Proc. No. 2695, which is set out as a note under section 1394 of this title, and they now constitute a republic. § 1393. Supplementary sinking fund for bond payments; purchase of bonds by United States; creation of special trust account (a) to (f). Repealed. Apr. 30, 1946, ch. 244, title V, § 511(2), 60 Stat. 158. (g)(1) The Philippine Government shall pay to the Secretary of the Treasury of the United States, at the end of each calendar quarter, all of the moneys received during such quarter from export taxes (less refunds), imposed and col- lected in accordance with the provisions of this section, and said moneys shall be deposited in an account with the Treasurer of the United States and shall constitute a supplementary sinking fund for the payment of bonds of the Philippines, its Provinces, cities, and munici- palities, issued prior to May 1, 1934, under au- thority of Acts of Congress: Provided, however, That moneys received from any export tax im- posed on any article which is shipped from the Philippines to the United States prior to July 4, 1946, and which is entered, or withdrawn from warehouse for consumption, on or after July 4, 1946, shall be refunded by the independent Gov- ernment of the Philippines. (2) The said Secretary of the Treasury is au- thorized to accept the deposits of the proceeds of the export taxes referred to in subdivision (1) of this subsection in accordance with section 1333 1 of this title. (3) The Secretary of the Treasury of the United States, with the approval of the Phil- ippine Government, is authorized to purchase with such supplementary sinking-fund bonds of the Philippines, its Provinces, cities, and mu- nicipalities, issued prior to May 1, 1934, under authority of Acts of Congress and to invest such fund in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Whenever the Secretary of the Treasurer 2 finds