50 U.S.C. § 4304 — Licenses to enemy or ally of enemy insur-

Page 1057 TITLE 50—WAR AND NATIONAL DEFENSE § 4304 eign country he may from time to time specify, or which may be carried by any vessel or other means of transportation touching at any port, place, or territory of the United States and bound to or from any foreign country. Any per- son who willfully evades or attempts to evade the submission of any such communication to such censorship or willfully uses or attempts to use any code or other device for the purpose of concealing from such censorship the intended meaning of such communication shall be pun- ished as provided in section 4315 of this title. (Oct. 6, 1917, ch. 106, § 3, 40 Stat. 412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 3 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents DELEGATION OF FUNCTIONS President’s powers under subsec. (a) of this section delegated during World War II to Secretary of the Treasury by Memorandum of the President dated Feb. 12, 1942, 7 F.R. 1409, and to Alien Property Custodian by Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971. 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. § 4304. Licenses to enemy or ally of enemy insur- ance or reinsurance companies; change of name; doing business in United States (a) Every enemy or ally of enemy insurance or reinsurance company, and every enemy or ally of enemy, doing business within the United States through an agency or branch office, or otherwise, may within thirty days after October 6, 1917, apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an order either granting or refusing to grant such license. The license, if granted, may be temporary or otherwise, and for such period of time, and may contain such provisions and con- ditions regulating the business, agencies, man- agers and trustees and the control and disposi- tion of the funds of the company, or of such enemy or ally of enemy, as the President shall deem necessary for the safety of the United States; and any license granted hereunder may be revoked or regranted or renewed in such man- ner and at such times as the President shall de- termine: Provided, however, That reasonable no- tice of his intent to refuse to grant a license or to revoke a license granted to any reinsurance company shall be given by him to all insurance companies incorporated within the United States and known to the President to be doing business with such reinsurance company: Pro- vided further, That no insurance company, orga- nized within the United States, shall be obli- gated to continue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of enemy insurance or reinsur- ance company, but any such company may abro- gate and cancel any such contract by serving thirty days’ notice in writing upon the Presi- dent of its election to abrogate such contract. For a period of thirty days after October 6, 1917, and further pending the entry of such order by the President, after application made by any enemy or ally of enemy insurance or reinsur- ance company, within such thirty days as above provided, the provisions of the President’s proc- lamation of April sixth, nineteen hundred and seventeen, relative to agencies in the United States of certain insurance companies, as modi- fied by the provisions of the President’s procla- mation of July thirteenth, nineteen hundred and seventeen, relative to marine and war-risk in- surance, shall remain in full force and effect so far as it applies to such German insurance com- panies, and the conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by said proclamation of July thir- teenth, nineteen hundred and seventeen, shall also during said period of thirty days after Octo- ber 6, 1917, and pending the order of the Presi- dent as herein provided, apply to any enemy or ally of enemy insurance or reinsurance com- pany, anything in this chapter to the contrary notwithstanding. It shall be unlawful for any enemy or ally of enemy insurance or reinsur- ance company, to whom license is granted, to transmit out of the United States any funds be- longing to or held for the benefit of such com- pany or to use any such funds as the basis for the establishment directly or indirectly of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on ac- count of, an enemy or ally of enemy. For a period of thirty days after October 6, 1917, and further pending the entry of such order by the President, after application made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance company as above provided, it shall be lawful for such enemy or ally of enemy to continue to do busi- ness in this country and for any person to trade with, to, from, for, on account of, on behalf of or for the benefit of such enemy or ally of enemy, anything in this chapter to the contrary not- withstanding: Provided, however, That the provi- sions of sections 4303 and 4315 of this title shall apply to any act or attempted act of trans- mission or transfer of money or other property out of the United States and to the use or at- tempted use of such money or property as the basis for the establishment of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy. If no license is applied for within thirty days after October 6, 1917, or if a license shall be re- fused to any enemy or ally of enemy, whether insurance or reinsurance company, or other per- son, making application, or if any license grant- ed shall be revoked by the President, the provi- Page 1058 TITLE 50—WAR AND NATIONAL DEFENSE § 4305 sions of sections 4303 and 4315 of this title shall forthwith apply to all trade or to any attempt to trade with, to, from, for, buy, on account of, or on behalf of, or for the benefit of such company or other person: Provided, however, That after such refusal or revocation, anything in this chapter to the contrary notwithstanding, it shall be lawful for a policyholder or for an insur- ance company, not an enemy or ally of enemy, holding insurance or having effected reinsurance in or with such enemy or ally of enemy insur- ance or reinsurance company, to receive pay- ment of, and for such enemy or ally of enemy in- surance or reinsurance company to pay any pre- mium, return premium, claim, money, security, or other property due or which may become due on or in respect to such insurance or reinsurance in force at the date of such refusal or revocation of license; and nothing in this chapter shall viti- ate or nullify then existing policies or contracts of insurance or reinsurance, or the conditions thereof; and any such policyholder or insurance company, not an enemy or ally of enemy, having any claim to or upon money or other property of the enemy or ally of enemy insurance or rein- surance company in the custody or control of the alien property custodian, hereinafter pro- vided for, or of the Treasurer of the United States, may make application for the payment thereof and may institute suit as provided in section 4309 of this title. (b) During the present war, no enemy, or ally of enemy, and no partnership of which he is a member or was a member at the beginning of the war, shall for any purpose assume or use any name other than that by which such enemy or partnership was ordinarily known at the begin- ning of the war, except under license from the President. Whenever, during the present war, in the opin- ion of the President the public safety or public interest requires, the President may prohibit any or all foreign insurance companies from doing business in the United States, or the President may license such company or compa- nies to do business upon such terms as he may deem proper. (Oct. 6, 1917, ch. 106, § 4, 40 Stat. 413.) Editorial Notes REFERENCES IN TEXT For proclamation of April 6, 1917, 40 Stat. 1654, and proclamation of July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), see World War I Presidential Proclama- tions notes below. This chapter, referred to in subsec. (a), 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 4 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. 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. WORLD WAR I PRESIDENTIAL PROCLAMATIONS Proc. Apr. 16, 1917, 40 Stat. 1654, declared and pro- claimed that branch establishments of German insur- ance companies doing business in the United States would be authorized to continue to do so, subject to the rules and regulations of the State in which such estab- lishment’s principal office is located, but prohibited transmission of any funds outside of the United States or the use of any funds for the establishment of any credit within or outside of the United States to or for the benefit or use of the enemy or any of its allies with- out the permission of the Federal Government. Proc. July 13, 1917, 40 Stat. 1684, declared and pro- claimed that branch establishments of German insur- ance companies doing business in the United States would be prohibited from transacting the business of marine and war risk insurance either as direct insurers or re-insurers and directed that such prohibition would extend and operate to suspend all existing contracts for the period of the war. § 4305. Suspension of provisions relating to ally of enemy; regulation of transactions in for- eign exchange of gold or silver, property transfers, vested interests, enforcement and penalties (a) The President, if he shall find it compat- ible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this chapter so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or other- wise, and for such period of time and containing such provisions and conditions as he shall pre- scribe, to any person or class of persons to do business as provided in subsection (a) of section 4304 of this title, and to perform any act made unlawful without such license in section 4303 of this title, and to file and prosecute applications under subsection (b) of section 4310 of this title; and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compat- ible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not in- consistent with law, as may be necessary and proper to carry out the provisions of this chap- ter; and the President may exercise any power or authority conferred by this chapter through such officer or officers as he shall direct. If the President shall have reasonable cause to believe that any act is about to be performed in violation of section 4303 of this title he shall have authority to order the postponement of the performance of such act for a period not exceed- ing ninety days, pending investigation of the facts by him. (b)(1) During the time of war, the President may, through any agency that he may des- ignate, and under such rules and regulations as he may prescribe, by means of instructions, li- censes, or otherwise— (A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to