Page images
PDF
EPUB

PROC. NO. 2685. REMOVAL OF ALIEN ENEMIES Proc. No. 2685, Apr. 11, 1946, 11 F. R. 4079, 60 Stat. Pt. 2, p. 1342, provided:

1. All alien enemies within the continental limits of the United States brought here from other American republics after December 7, 1941, who are within the territory of the United States without admission under the immigration laws, shall, if their continued residence in the Western Hemisphere is deemed by the Secretary of State to be prejudicial to the future security or welfare of the Americas, be subject upon the order of the Secretary of State to removal from the United States and may be required to depart therefrom in accordance with such regulations as the Secretary of State may prescribe.

2. In all cases in which the Secretary of State shall have ordered the removal of an alien enemy under the authority of this proclamation or in which the Attorney General shall have ordered the removal of an alien enemy under the authority of Proclamation No. 2655 of July 14, 1945, thirty days shall be considered, and is hereby declared to be, a reasonable time for such alien enemy to effect the recovery, disposal, and removal of his goods and effects, and for his departure.

3. This proclamation supersedes Proclamation No. 2662 of September 8, 1945, entitled "Removal of Alien Enemies." HARRY S. TRUMAN

PROC. NO. 2974, TERMINATION OF WARTIME EMERGENCIES Proc. No. 2974, Apr. 29, 1952, 17 F. R. 3813, 66 Stat. c31, provided: now, therefore, I, Harry S. Truman, President of the United States of America, do proclaim that the national emergencies declared to exist by the proclamations of September 8, 1939 [set out as a note preceding section 1 of this Appendix], and May 27, 1941 [set out as a note preceding section 1 of this Appendix], terminated this day upon the entry into force of the Treaty of Peace with Japan.

Nothing in this proclamation shall be construed to affect Proclamation No. 2914 [set out as a note preceding section 1 of this Appendix], issued by the President on December 16, 1950, declaring that world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world, and proclaiming the existence of a national emergency requiring that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace; and nothing herein shall be construed to affect the continuation of the said emergency of September 8, 1939, as specified in the Emergency Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313-82d Congress), for the purpose of continuing the use of property held under the Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended [subchapters II-VII of chapter 9 of Title 42, Public Health and Welfare].

HARRY S. TRUMAN

IV. DECLARATIONS OF WAR BY UNITED STATES
WAR BETWEEN UNITED STATES AND GERMANY
Declared by Joint Res. April 6, 1917, 40 Stat. 1.
WAR BETWEEN UNITED STATES AND AUSTRIA-HUNGARY
Declared by Joint Res. Dec. 7, 1917, 40 Stat. 429.
WAR BETWEEN UNITED STATES AND JAPAN
Declared by Joint Res. Dec. 8, 1941, 4:10 p. m., E. S. T.,
ch. 561, 55 Stat. 795.

WAR BETWEEN UNITED STATES AND GERMANY Declared by Joint Res. Dec. 11, 1941, 3:05 p. m. E. S. T., ch. 564, 55 Stat. 796.

WAR BETWEEN UNITED STATES AND ITALY Declared by Joint Res. Dec. 11, 1941, 3:06 p. m., E. S. T., ch. 565, 55 Stat. 797.

WAR BETWEEN THE UNITED STATES AND BULGARIA Declared by Joint Res. June 5, 1942, ch. 323, 56 Stat. 307.

WAR BETWEEN UNITED STATES AND HUNGARY Declared by Joint Res. June 5, 1942, ch. 324, 56 Stat. 307. WAR BETWEEN UNITED STATES AND RUMANIA Declared by Joint Res. June 5, 1942, ch. 325, 56 Stat.

307.

PROC. No. 2563. PROCLAMATION OF STate of War BETWEEN UNITED STATES AND HUNGARY, BULGARIA, AND RUMANIA. Proc. No. 2563, July 17, 1942, 7 F. R. 5535, 56 Stat. 1970, proclaimed that a state of war existed between the United States and Hungary, Rumania and Bulgaria.

V. TERMINATION OF STATE OF WAR

CESSATION OF HOSTILITIES

The cessation of hostilities of World War II was officially proclaimed by the President of the United States, Proclamation No. 2714, 12 F. R. 1, dated December 31, 1946, in the following language:

Now, therefore, I, Harry S. Truman, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective twelve o'clock noon, December 31, 1946. TREATY OF PEACE WITH ITALY, BULGARIA, HUNGARY, RUMANIA AND FINLAND

On the 10th day of February 1947, separate Treaties of Peace were concluded by designated Allied and Associated Powers, including the United States of America, with Italy, Bulgaria, Hungary and Rumania.

Each of these Treaties contained a recital in the Preamble that the Allied and Associated Powers named therein

Have therefore agreed to declare the cessation of the state of war and for this purpose to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:

The full text of the Treaties of Peace with Italy, Bulgaria, Hungary, Rumania and Finland are set out in 61 Stat. 1245, 1915, 2065, 1757.

On the same date a Treaty of Peace was concluded with Finland. The United States is not a signatory thereto. TREATY OF PEACE WITH JAPAN

The Treaty of Peace with Japan signed at the city of San Francisco on the 8th day of September 1951, Chapter I, Article 1, provides:

(a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.

Article 23 of Chapter VII, above referred to, provides:

(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States [here would appear the names of such of the following States as are signatories to the present Treaty], namely Australia, Burma, Canada, Ceylon, France, India, Indonesia, the Netherlands, New Zealand, Pakistan, the Philippines, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the United States of America. The present Treaty shall come into force for each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.

(b) If the Treaty has not come into force within nine months after the date of the deposit of Japan's ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect given to the Government of Japan and of the United States of America not later than three years after the date of deposit of Japan's ratification.

GERMANY

JOINT RESOLUTION OF CONGRESS

Joint Res. Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That the state of war declared to exist between the United States and the Government of Germany by the joint resolution of Congress approved December 11, 1941, is hereby terminated and such termination shall take effect on the date of enactment of this resolution [Oct. 19, 1951]: Provided, however, That notwithstanding this resolution and any proclamation issued by the President pursuant thereto, any property or interest which prior to January 1, 1947, was subject to vesting or seizure under the provisions of the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended [sections 1-6, 7-39, 41-44 of this Appendix] or which has heretofore been vested or seized under that Act [said sections], including accruals to or proceeds of any such property or interest, shall continue to be subject to the provisions of that Act [said sections] in the same manner and to the same extent as if this resolution had not been adopted and such proclamation had not been issued. Nothing herein and nothing in such proclamation shall alter the status, as it existed immediately prior hereto, under that Act [said sections], of Germany or of any person with respect to any such property or interest." PROCLAMATION NO. 2950

Proc. No. 2950, Oct. 25, 1951, 16 F. R. 10915, 66 Stat. c3, proclaimed that the state of war between the United States and the Government of Germany declared on Dec. 11, 1941 was terminated on Oct. 19, 1951.

RATIFICATION OF JAPANESE PEACE TREATY

The Treaty of Peace with Japan, signed at San Francisco on September 8, 1951, was ratified by the United States Senate on March 20, 1952. For Resolution of ratification, see Congressional Record, Vol. 98, No. 46, Thursday March 20, 1952, p. 2634.

VI. AUTHORIZATION TO EMPLOY ARMED

FORCES

MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN SOUTHEAST ASIA

Pub. L. 88-408, Aug. 10, 1964, 78 Stat. 384, which authorized the President to take all necessary measures to repel armed attack against the forces of the United States in the interest of the maintenance of peace and security in Southeast Asia, was terminated by Pub. L. 91-672, § 12, Jan. 12, 1971, 84 Stat. 2055, effective upon the day that the second session of the Ninety-first Congress was last adjourned. The second session of the Ninety-first Congress adjourned sine die on January 2, 1971.

PROC. No. 3504. INTERDICTION OF THE DELIVERY OF
OFFENSIVE WEAPONS TO CUBA

Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, provided: WHEREAS the peace of the world and the security of the United States and of all American States are endangered by reason of the establishment by the SinoSoviet powers of an offensive military capability in Cuba, including bases for ballistic missiles with a potential range covering most of North and South America;

WHEREAS by a Joint Resolution passed by the Congress of the United States and approved on October 3. 1962, it was declared that the United States is determined to prevent by whatever means may be necessary, including the use of arms, the Marxist-Leninist regime in Cuba from extending, by force or the threat of force, its aggressive or subversive activities to any part of this hemisphere, and to prevent in Cuba the creation or use of an externally supported military capability endangering the security of the United States; and

WHEREAS the Organ of Consultation of the American Republics meeting in Washington on October 23, 1962, recommended that the Member States, in accordance with Articles 6 and 8 of the Inter-American Treaty of Reciprocal Assistance, take all measures, individually and collectively, including the use of armed force, which they may deem necessary to ensure that the Government of Cuba cannot continue to receive from the Sino-Soviet powers military material and related supplies which may

threaten the peace and security of the Continent and to prevent the missiles in Cuba with offensive capability from ever becoming an active threat to the peace and security of the Continent:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority conferred upon me by the Constitution and statutes of the United States, in accordance with the aforementioned resolutions of the United States Congress and of the Organ of Consultation of the American Republics, and to defend the security of the United States, do hereby proclaim that the forces under my command are ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to interdict, subject to the instructions herein contained, the delivery of offensive weapons and associated materiel to Cuba.

For the purposes of this Proclamation, the following are declared to be prohibited materiel:

Surface-to-surface missiles; bomber aircraft; bombs, air-to-surface rockets and guided missiles; warheads for any of the above weapons; mechanical or electronic equipment to support or operate the above items; and any other classes of materiel hereafter designated by the Secretary of Defense for the purpose of effectuating this Proclamation.

To enforce this order, the Secretary of Defense shall take appropriate measures to prevent the delivery of prohibited materiel to Cuba, employing the land, sea and air forces of the United States in cooperation with any forces that may be made available by other American States.

The Secretary of Defense may make such regulations and issue such directives as he deems necessary to ensure the effectiveness of this order, including the designation, within a reasonable distance of Cuba, of prohibited or restricted zones and of prescribed routes.

Any vessel or craft which may be proceeding toward Cuba may be intercepted and may be directed to identify itself, its cargo, equipment and stores and its ports of call, to stop, to lie to, to submit to visit and search, or to proceed as directed. Any vessel or craft which fails or refuses to respond to or comply with directions shall be subject to being taken into custody. Any vessel or craft which it is believed is en route to Cuba and may be carrying prohibited materiel or may itself constitute such materiel shall, wherever possible, be directed to proceed to another destination of its own choice and shall be taken into custody if it fails or refuses to obey such directions. All vessels or craft taken into custody shall be sent into a port of the United States for appropriate disposition.

In carrying out this order, force shall not be used except in case of failure or refusal to comply with directions, or with regulations or directives of the Secretary of Defense issued hereunder, after reasonable efforts have been made to communicate them to the vessel or craft, or in case of self-defense. In any case, force shall be used only to the extent necessary.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

Done in the City of Washington this twenty-third day of October in the year of our Lord nineteen [SEAL] hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh.

JOHN FITZGErald KennedY PROC. No. 3507. TERMINATING AUTHORITY GRANTED AND ORDERS ISSUED IN PROC. No. 3504

Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, provided: I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and statutes of the United States, do hereby proclaim that at 11 p.m., Greenwich Time, November 20, 1962, I terminated the authority conferred upon the Secretary of Defense by Proclamation No. 3504, dated October 23, 1962 [set out as a note preceding section 1 of this Appendix], and revoked the orders contained therein to forces under my command.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 21st day of November, in the year of our Lord nineteen [SEAL] hundred and sixty-two and of the Independence of the United States of America the one hundred and eighty-seventh.

JOHN F. KENNEDY

MIDDLE EAST STABILIZATION

Pub. L. 85-7, §§ 1-6, Mar. 9, 1957, 71 Stat. 5, set out as chapter 24A of Title 22, Foreign Relations and Intercourse, authorizes the President to provide economic and military assistance, and, if he determines it necessary, to use armed forces under certain circumstances to maintenance of national independence in the Middle East. PROTECTION OF SECURITY OF FORMOSA

Joint Res. Jan. 29, 1955, ch. 4, 8:42 A. M., 69 Stat. 7, provided that:

"Whereas the primary purpose of the United States, in its relations with all other nations, is to develop and sustain a just and enduring peace for all; and

"Whereas certain territories in the West Pacific under the jurisdiction of the Republic of China are now under armed attack, and threats and declarations have been and are being made by the Chinese Communists that such armed attack is in aid of and in preparation for armed attack on Formosa and the Pescadores,

"Whereas such armed attack if continued would gravely endanger the peace and security of the West Pacific Area and particularly of Formosa and the Pescadores; and

"Whereas the secure possession by friendly governments of the Western Pacific Island chain, of which Formosa is a part, is essential to the vital interests of the United States and all friendly nations in or bordering upon the Pacific Ocean; and

"Whereas the President of the United States on January 6, 1955, submitted to the Senate for its advise and consent to ratification a Mutual Defense Treaty between the United States of America and the Republic of China, which recognizes that an armed attack in the West Pacific area directed against territories, therein described, in the region of Formosa and the Pescadores, would be dangerous to the peace and safety of the parties to the treaty: Therefore be it

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be and he hereby is authorized to employ the Armed Forces of the United States as he deems necessary for the specific purpose of securing and protecting Formosa and the Pescadores against armed attack, this authority to include the securing and protection of such related positions and territories of that area now in friendly hands and the taking of such other measures as he judges to be required or appropriate in assuring the defense of Formosa and the Pescadores.

"This resolution shall expire when the President shall determine that the peace and security of the area is reasonably assured by international conditions created by action of the United Nations or otherwise, and shall so report to the Congress."

[blocks in formation]

Sec.

7.

Lists of enemy or ally of enemy officers, directors or stockholders of corporations in United States; acts constituting trade with enemy prior to passage of Act; conveyance of property to custodian; voluntary payment to custodian by holder; acts under order, rule, or regulation.

8. Contracts, mortgages, or pledges against or with enemy or ally of enemy; abrogation of contracts; suspension of limitations.

9. Claims to property transferred to custodian; notice of claim; filling: return of property; suits to recover; sale of claimed property in time of war or during national emergency.

[blocks in formation]

33.

Waiver by Custodian of demand for property; acceptance of less amount; approval of Attorney General. Attachment or garnishment of funds or property held by Custodian.

"Member of former ruling family," defined.

Return of property.

(a) Conditions precedent.

(b) Extension of filing time limitation for redetermination of excessive profits.

(c) Inventions.

(d) Rights and duties.

(e) Legal proceeding unaffected.

(f) Notice of intention.

(g) Payment of expenses of Custodian.
(h) Designation of successor organizations to
receive heirless property; time for applica-
tion; payment of funds: time, allocation,
claims barred by acceptance and
conditions.

Same; notice; institution of suits; computation of time.

34. Payment of debts.

(a) Claims allowable; defenses.

(b) Time limit for filing claims; extension; notice.

(c) Examination of claims.

(d) Funds for debt payments.

(e) Amount payable; disallowance; notice; review; additional evidence; judgment.

(f) Pro rate payments; notice; review; addi-
tional evidence; intervention; judgment.
(g) Priority of claims.

(h) Priority as debt due United States.
(i) Exclusiveness of relief.

[blocks in formation]

40.

41.

42.

Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority.

Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen's compensation and veterans' benefits; exceptions; notice of divestment. Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: definition of "copyrights", rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement. 43. Divestment of trademarks.

(a) Definition.

(b) Effective date of divestment; rights of licensees; transfer of interests; payment of royalties to Attorney General.

(c) Prevesting contracts; exceptions; payment of royalties to Attorney General.

(d) Publication of ownership list in Federal Register; effective date of divestment; succession to ownership of equivalent trademarks.

44. Motion picture prints, transfer of title. (a) Prints in custody of Library of Congress; exception.

(b) Prints in custody of Attorney General; exception; right of selection by Library of Congress; disposal of unselected prints by Attorney General.

(c) Retention, reproduction and disposal of prints by Library of Congress.

TERMINATION OF WORLD WAR AND EMERGENCY

This act 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 resolutions, and proclamations should be construed as though the World War had ended and the then present or existing emergency expired.

CROSS REFERENCES

Confirmation of certain acts, etc., made under provisions of section 1-6, 7-39 and 41-44 of this Appendix, see section 617 of this Appendix.

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in title 22 sections 1382, 1384; title 28 section 2680.

§ 1. Designation of Act.

This Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] shall be known as the "Trading with the Enemy Act." (Oct. 6, 1917, ch. 106, § 1, 40 Stat. 411.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2 to 6, 7 to 39,

§ 2. Definitions.

The word "enemy," as used herein, shall be deemed to mean, for the purposes of such trading and of this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix]—

(a) Any individual, partnership, or other body of individuals, of any nationality, resident within 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 incorporated within such territory of any nation with which the United States is at war or incorporated 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, official, agent, or agency thereof.

(c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects 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 within 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 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 subjects 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, association, company, or other unincorporated body of individuals, or corporation or body politic.

The words "United States," as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval

The words "the beginning of the war," as used herein, shall be deemed to mean midnight ending 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 proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, 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 Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix].

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 instrument or chose in action.

(c) Enter into, carry on, complete, or perform any contract, agreement, or obligation.

(d) Buy cr 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 commercial communication or intercourse with. (Oct. 6, 1917, ch. 106, § 2, 40 Stat. 411.)

WORLD WAR I PROCLAMATIONS ENUMERATING ENEMIES The following Presidential Proclamations issued during 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.

CROSS REFERENCES

Allen enemies within United States, see section 21 of this title.

Beginning of war, see Const. Art. 1, § 8, cl. 11. Commercial intercourse with the enemy, generally, see section 7 of this Appendix.

"Member of former ruling family" defined, see section 31 of this Appendix.

"Unallocated interest fund" defined, see section 28 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to sections 1, 3 to 6, 4 to 39, and 41 to 44 of this Appendix.

§3. 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 Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] 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, directly 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 transport 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 attempt 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 exempted 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 communication, 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 intended for or to be delivered, directly or indirectly, 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 license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President.

(d) Whenever, during the present war, the President shall deem that the public safety demands 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 foreign 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 person 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 punished as provided in section sixteen of this Act [section 16 of this Appendix]. (Oct. 6, 1917, ch. 106, § 3, 40 Stat. 412.)

TRANSFER OF FUNCTIONS

Termination of Office of Alien Property Custodian and transfer of functions, etc., to Attorney General, see Ex. Ord. No. 9788, set out in note under section 6 of this Appendix.

WORLD WAR II ALIEN PROPERTY CUSTODIAN Reestablishment and termination of Office of Allen Property Custodian during World II, see notes under section 6 of this Appendix.

« PreviousContinue »