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Author: 
 
 Guaranty Trust Company 
 
 of New York 
 
 Title: 
 
 Trading with the enemy 
 
 Place: 
 
 New York 
 
 Date: 
 
 [1918] 
 
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 Guaranty trust company of New York. 
 
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 Trading With the Enemy 
 
 _. LIBRARY 
 
 SCHOOL OF BUSINESS 
 
 Guaranty Trust Company 
 of New York 
 
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 in tfje Citp of Beto |9orfe 
 
 LIBRARY 
 
 School of Business 
 
 
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 This book is due two weeks from the last date 
 stamped below, and if not returned or renewed at or 
 before that time a fine of five cents a day will be incurred. 
 
 
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 Trading With the Enemy 
 
 Act Approved October 6, 1917 
 as amended March 28, 1918 
 
 k 
 
 Guaranty Trust Company of New York 
 
 140 Broadway 
 
 FIFTH AVENUE OFFICE 
 Fifth Avenue and 43rd Street 
 
 MADISON AVENUE OFFICE 
 Madison Avenue and 60th Street 
 
 LONDON OFFICK 
 32 Lombard St., E. C 
 
 PARIS OFFICE 
 Rue des Italiens, 1 & 3 
 
 
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 COPYRIGHT, 1918 
 GUARANTY TRUST COMPANY OF NEW YORK 
 
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 Contents 
 
 
 
 Foreword 
 
 5 
 
 
 Synopsis of Act 
 
 11 
 
 
 Circular of Information 
 
 40 
 
 
 Text of Act 
 
 47 
 
 
 Index to Synopsis 
 
 73 
 
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 Foreword 
 
 Reasons for Legislation 
 
 For more than a century the United States 
 has recognized the principle that commercial 
 intercourse ceases between rival countries at 
 war. The Supreme Court, in passing on this 
 question in 1814, said it is a "fundamental 
 proposition " of international law that neither 
 business, nor correspondence can be main- 
 tained between the citizens of belligerent 
 nations, except so far as may be allowed by 
 the "sovereign authority/' 
 
 Congress has, accordingly, passed an act 
 setting forth in definite and concrete form 
 the allowances and prohibitions which are to 
 prevail in the existing emergency, and has 
 gone the length of making violations of its 
 mandate criminal, the offenders being sub- 
 ject to fine or imprisonment, or both. This 
 is a novel development of a principle of 
 international law; but the economic and 
 financial resources of all the nations engaged 
 in the present war are now of such vital im- 
 portance that it is incumbent upon the 
 
 [5] 
 
h, 
 
 
 Government to provide against the rendering 
 of assistance to the enemy in any form or 
 degree, and to conserve to the uttermost our 
 own resources for ourselves and for those 
 with whom we make common cause. In 
 doing this, Congress has not enunciated any 
 new principle of international law, but has 
 interpreted its existing canons in the light 
 of an immediate emergency. 
 
 Purposes of Legislation 
 
 The chief objects of this measure may be 
 stated as : 
 
 First, to recognize and apply, subject to 
 definite modification, the principles of inter- 
 national law interdicting trade in time of war; 
 and 
 
 Second, to conserve and utilize, upon a 
 basis of practical justice, such enemy prop- 
 erty as may be found within the jurisdiction 
 of the United States. 
 
 Interdiction of Trade 
 
 The authorization of trade under license is 
 one of the principal modifications of the rules 
 of international law which are provided for 
 
 [6] 
 
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 in the present legislation forbidding trade 
 between citizens of the United States and 
 subjects of the enemy. 
 
 In effect the law prohibits all trade what- 
 soever with an enemy or ally of enemy of the 
 United States, except by license issued by the 
 President. However, a citizen or subject of 
 an enemy or ally of enemy country, residing 
 here or in a neutral country, is affected by the 
 prohibitions of the law only when declared 
 to be an enemy or ally of enemy by proclama- 
 tion of the President. 
 
 Other acts prohibited by the law, except 
 when licensed, include: the transportation of 
 an enemy, or an ally of enemy, into or from 
 the United States; the transmission of any 
 letter, document, or other form of communi- 
 cation, to or from the United States, to an 
 enemy or ally of enemy; the carrying on of 
 business in the United States by enemy or 
 ally of enemy insurance and reinsurance 
 companies and others, through branches, 
 agencies, or otherwise; and publication of 
 any news item or comment on the war in 
 foreign languages. 
 
 [7] 
 
Conservation and Utilization of Enemy Property 
 
 In order that the United States, as far as 
 is practicable, may utilize and conserve 
 enemy property, the law provides for the 
 surrender of alien enemy property to an alien 
 property custodian. Such money or prop- 
 erty may be invested in Government bonds. 
 This gives the United States the benefit of 
 the use of such funds during the period of the 
 war, without confiscation; and, at the same 
 time, protects the interests of subjects of 
 belligerent nations. 
 
 Patents, Trademarks, and Copyrights 
 
 The prosecution, in enemy countries, of 
 applications for letters patent, and for regis- 
 tration of trademarks and copyrights, is per- 
 mitted to our citizens, and is permitted, in 
 this country, to subjects of enemy or ally 
 of enemy countries. The use of enemy 
 patents, trademarks, and copyrights by 
 citizens of the United States, for the purpose 
 of manufacture or otherwise, is also per- 
 mitted, and adequate remedy for compensa- 
 tion therefor to enemy owners is provided 
 for. This latter provision will undoubtedly 
 
 [8] 
 
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 open a large field of industry for the manu- 
 facture of many articles, now manufactured 
 in Germany, by the use of processes and de- 
 vices which are protected here by patents 
 held by Germans. 
 
 Our Foreign Trade Division is prepared to 
 give any information that may be desired, 
 especially in regard to such regulations and 
 orders as may be issued from time to time 
 under this Act. 
 
 August 1, 1918 
 
 [9] 
 
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 6 
 
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 Synopsis of 
 Trading With the Enemy Act 
 
 DEFINITIONS 
 
 Enemy or Ally of Enemy. Briefly stated, any 
 person residing or doing business within an enemy 
 country, and any person residing outside of the 
 United States and doing business in an enemy 
 country, and any corporation incorporated with- 
 in an enemy country or incorporated within any 
 country other than the United States and doing 
 business within an enemy country, are termed 
 "enemy." Doing business within an enemy 
 country means having a branch, or agency actively 
 conducting business within that country. 
 
 The bill does not bring within the term "enemy" 
 a neutral, unless such neutral has a branch of its 
 business within an enemy country. Nor does 
 the bill term "enemy" a citizen or subject of an 
 enemy nation residing in a neutral country and 
 conducting no part of his business in an enemy 
 country. The act provides, however, that a 
 citizen or subject of an enemy country, residing 
 or doing business anywhere, may by proclamation 
 of the President be included in the term "enemy." 
 (Sec. 2.) 
 
 The term "ally of enemy" is defined along 
 
 [llj 
 
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 similar lines as the definition of the term "enemy." 
 
 Person. An individual, partnership, asso- 
 ciation, company, or other unincorporated body 
 of individuals, or corporation, or body politic. 
 (Sec. 2.) 
 
 United States. All land and water, conti- 
 nental or insular, in any way within the juris- 
 diction of the United States or occupied by the 
 military or naval forces thereof. (Sec. 2). 
 
 The Beginning of the War. Midnight 
 ending the day on which Congress has declared 
 or shall declare war or the existence of a state of 
 war. (Sec. 2.) 
 
 End of the War. 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. (Sec. 2.) 
 
 To Trade. 
 
 (a) Pay, satisfy, compromise, or give security 
 for the payment or satisfaction of any debt or 
 obUgation. 
 
 (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. 
 
 [ 12 ] 
 
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 (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 commercial 
 communication or intercourse with. (Sec. 2.) 
 
 Bank or Banks. 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. 
 
 Acts Prohibited Except by License 
 
 Acts, transactions, and business prohibited 
 and made criminal by the law, unless performed 
 or carried on under license, include: 
 
 Trade 
 
 Trading, or attempting to trade, directly or 
 indirectly with or on behalf of any person, with 
 knowledge or reasonable cause to believe that such 
 person is an enemy or ally of enemy, or is conduct- 
 ing the trade in connection with an enemy or 
 ally of enemy. (Sec. 3-a.) 
 
 Transportation of Enemy or Ally of Enemy 
 
 Transporting or attempting to transport any 
 person, with knowledge or reasonable cause to 
 believe that such person is a subject or citizen 
 of an enemy or ally of enemy nation. (Sec. 3-b.) 
 
 [ 18 ] 
 
Transmission of Communications 
 
 Transmitting or attempting to transmit out 
 of or into the United States any letter or other 
 communication (except through the mail), or 
 transmitting any letter or other writing, book, 
 map, plan, or other paper, picture, or any tele- 
 gram, 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, except that this provision shall 
 not apply to persons in the service of the United 
 States or of any nation not an enemy or ally of 
 enemy nor to such persons or class of persons as 
 the President may make exempt. (Sec. 3-c.) 
 
 Enemy or Ally of Enemy Doing Business Here 
 
 Doing business in the United States by every 
 enemy or ally of enemy, including insurance and 
 reinsurance companies, whether through an 
 agency, branch office, or otherwise. This re- 
 striction shall not apply until thirty days have 
 elapsed after the enactment of the law, or until 
 license is refused upon application made within 
 thirty days after enactment. (Sec. 4-a.) 
 
 Change of Name 
 
 No enemy or ally of enemy and no partnership 
 of which he was a member, at the beginning of 
 the war, shall be permitted to change his or its 
 name, during the war. (Sec. 4-b.) 
 
 [14] 
 
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 \ Granting of Licenses 
 
 Authority to Grant Licenses 
 
 The President may grant licenses, special or 
 general, temporary or otherwise, and for such 
 period of time and containing such provisions 
 and conditions as he shall prescribe, to any per- 
 son or class of persons to do any act or to an 
 enemy or ally of enemy to do business prohibited 
 by this law (Sec. 5-a.) 
 
 Revocation and Renewal 
 
 The President may revoke or renew licenses 
 from time to time, if in his opinion such action 
 is compatible with the safety of the United States 
 and the successful prosecution of the war. 
 (Sec. 5-a.) 
 
 Delegation of Power 
 
 To carry out the provisions of this Act, the 
 President may exercise any power or authority 
 conferred hereunder through such officer or officers 
 as he may direct. (Sec. 5-a.) 
 
 Export of Coin or Money 
 
 The President may investigate, regulate or 
 prohibit any transaction in foreign exchange, 
 export of gold or silver coin or bullion, and trans- 
 fer of credit in any form by any bank, other than 
 credits relating solely to transactions to be exe- 
 cuted wholly within the United States, and trans- 
 
 [15] 
 
 111 
 
fers of evidences of indebtedness or of the owner- 
 ship of property between the United States and 
 any foreign country, whether enemy, ally of 
 enemy, or otherwise, or between residents of one 
 or more foreign countries, by any person within 
 the United States, and may require any person en- 
 gaged in such transaction to furnish under oath 
 complete information relative thereto. (Sec. 5-b.) 
 
 Suspension ofPerformance of an Act to Prevent 
 Violation 
 
 If the President has reasonable cause to believe 
 that any act is about to be performed in violation 
 of restrictions prohibiting trading, the transporta- 
 tion of an enemy or ally of enemy, or the trans- 
 mission of letters, documents, or other communi- 
 cations to an enemy or ally of enemy, he may order 
 the suspension of the performance of such act for a 
 period not exceeding ninety days, pending inves- 
 tigation of the facts by him. ((Sec. 5-a.) 
 
 Letters Patent Applied for under License 
 
 The President may grant licenses for the prose- 
 cution of applications for letters patent or for 
 registration of trademarks, or copyrights in the 
 country of an enemy, or of an ally of enemy. 
 (See page 32.) 
 
 Enemy or Ally of Enemy Doing Business Here 
 
 Every enemy or ally of enemy, including enemy 
 or ally of enemy insurance or reinsurance com- 
 
 (161 
 
 4 
 
 4 
 
 panics, doing business within the United States 
 through an agency or branch ofl5ce, 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. 
 (Sec. 4-a.) (Sec. 5-a.) 
 
 Unlawful to Continue Business Without License 
 
 If a license is not applied for within thirty days 
 after October 6, 1917, or if a license shall be 
 refused to any enemy or ally of enemy, whether 
 insurance or reinsurance company, or other per- 
 son, making application^ or if any license granted 
 shall be revoked by the President, all trade or 
 attempt to trade with, to, from, for, by, on ac- 
 count of, or on behalf of, or for the benefit of such 
 enemy or ally of enemy shall be unlawful. (Sec. 
 4-a.) 
 
 May Continue Business Pending License Appli- 
 cation 
 
 For a period of thirty days after October 
 6, 1917 and further pending entry of order by 
 the President after application made within thirty 
 days by an enemy or ally of enemy, other than an 
 insurance or reinsurance company, it shall be 
 lawful for such enemy or ally of an enemy to con- 
 tinue to do business in this country and for any 
 
 [17] 
 
person to trade with, to, from, for, on account of, 
 on behalf of, or for the benefit of such enemy or 
 ally of enemy. (Sec. 4-a.) 
 
 May not Export Funds 
 
 During such period an enemy or ally of enemy 
 insurance company may continue to do business 
 in accordance with the terms of the President's 
 Proclamation of April 6, 1917, as modified by the 
 Proclamation of July 13, 1917, but may not trans- 
 mit any funds out of the country or allow any 
 funds to be used as a basis for credit for an enemy 
 or ally of enemy. (Sec. 4-a.) 
 
 Licenses to do Business Restricted 
 
 The President shall not have power to license 
 any marine or war-risk insurance or reinsurance 
 business; or to authorize the transmission of 
 any funds out of the United States, or their use 
 as the basis for any credit, within or outside of the 
 United States, for an enemy or ally of enemy. 
 (Sec. 4-a.) 
 
 Payments Under Existing Policies or Contracts^ 
 After Refusal or Revocation of License 
 
 A policy-holder or an insurance company, not 
 an enemy or ally of enemy, holding insurance or 
 having effected reinsurance with an enemy or ally 
 of enemy company, may receive payment from 
 such enemy company, of any premium, return 
 premium, claim, money, security, or other prop- 
 erty due or to become due and in force at the time 
 
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 a license is revoked or refused such enemy com- 
 pany. Policies or contracts existing at such time 
 are not made void by this act; and any policy- 
 holder or insurance company having any claim 
 to money or other property of the enemy or ally 
 of enemy insurance company in the control of 
 the alien property custodian or of the Treasurer 
 of the United States, may make application for 
 the payment thereof and may institute suit as 
 provided in this Act. (Sec. 4-a.) 
 
 Notice of Refusal or Revocation of License 
 
 Reasonable notice of intent to refuse to grant 
 a license, or to revoke a license granted, to any 
 reinsurance company shall be given by the Presi- 
 dent to all insurance companies within the United 
 States known to be doing business with such 
 reinsurance company. (Sec. 4-a.) 
 
 Effect of Law on Void Transactions 
 
 Nothing in this law shall render valid any act 
 or transaction, constituting trading with an 
 enemy, since the beginning of the war and prior 
 to October 6, 1917, or any such act or trans- 
 action thereafter performed or entered into, 
 except as authorized, which would otherwise be 
 void or illegal at law. Any conveyance, transfer, 
 delivery, or loan of money or other property, 
 prohibited by this act, made after October 6, 
 1917, without license, shall create no right or 
 
 [19] 
 
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 remedy with respect thereto. Likewise the 
 assignment, endorsement, or delivery of any debt, 
 bill, note, or other obligation by or from an enemy 
 or ally of enemy shall create no right or remedy 
 against any person liable thereon, unless such 
 obligation was made prior to the war or under 
 license granted by the President. Any person 
 who pays or satisfies such obligation will be sub- 
 ject to penalties prescribed for violation of the 
 provisions of this act. (Sec. 7-b.) 
 
 Pre- War Payments 
 
 The law does not prohibit the payment of 
 money belonging to an enemy or ally of enemy 
 to a person within the United States, not an enemy 
 or ally of enemy, if the funds so paid were received 
 prior to the beginning of the war and the pay- 
 ments arose from transactions entered into prior 
 to the war and not in contemplation thereof. A 
 license from the President, however, is required 
 before such payment may be made. The law 
 furthermore does not prevent the performance or 
 completion of any contract originally entered into 
 by an enemy or ally of enemy, if, prior to the be- 
 ginning of the war and not in contemplation 
 thereof, the interest of the enemy or ally of enemy 
 devolved upon a person not an enemy or ally of 
 enemy, and no enemy or ally of enemy will be 
 benefited by such performance other than by 
 release from the obligation. (Sec. 7-b.) 
 
 [20] 
 
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 Custodian of Enemy Property 
 
 Powers 
 
 The President is authorized to appoint an 
 Alien Property Custodian who shall be empowered 
 to receive all money and property in the United 
 States due or belonging to an enemy or ally of 
 enemy, and to hold and administer and to account 
 for the same under the general direction of the 
 President. Such custodian shall be required to 
 give bond in form and amount as the President 
 shall prescribe. (Sec. 6.) 
 
 Payment to Custodian a Discharge 
 
 Payment and delivery of money or property to 
 such custodian shall be a full acquittance or dis- 
 charge, for all purposes of the obligation of the 
 person making such payment or delivery, and the 
 Custodian, or such other person as the President 
 may appoint, shall have power to evidence upon 
 the record or otherwise such acquittance or dis- 
 charge and to deliver any security therefor, which 
 has come into his possession. Any person so 
 empowered by the President will be furnished 
 with a certificate from the President which will be 
 accepted as evidence of his authority in the same 
 manner as a power of attorney. (Sec. 7-e.) 
 
 Moneys Invested in Government Bonds 
 
 All moneys paid to or received by the Alien 
 Property Custodian shall be deposited in the 
 
 [21] 
 
Treasury of the United States and may be in- 
 vested by the Secretary of the Treasury in United 
 States Government bonds or certificates of in- 
 debtedness. As soon after the end of the war as 
 the President may deem practicable, such securi- 
 ties shall be sold and the proceeds deposited in the 
 Treasury. (Sec. 12.) 
 
 Other Property to be Deposited in Banks 
 
 All other property including stocks, bonds, 
 notes, time drafts, or other securities (except 
 checks, or drafts payable on demand) of an enemy 
 or ally of enemy shall be deposited in any bank or 
 banks, or trust companies in the United States 
 designated by the President. Such depositaries 
 are authorized to collect dividends, interest, or 
 income which may become due on any stocks, 
 bonds, notes, or other securities, and to deposit 
 same in the Treasury of the United States. 
 (Sec. 12.) 
 
 Rights of Custodian 
 
 The Custodian, in respect of all property coming 
 into his hands other than money, shall possess the 
 powers of a common law trustee, and under pre- 
 scribed regulations may manage such property and 
 exercise such rights as may appertain to ownership, 
 as though he were the absolute owner. (Sec. 12.) 
 
 Corporations or unincorporated associations 
 or trustees issuing shares or certificates repre- 
 
 [22] 
 
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 senting beneficial interests are required to trans- 
 fer stocks delivered to the custodian upon de- 
 mand of the latter, accompanied by delivery of the 
 certificates. The returns from property sold by 
 the Custodian shall be deposited in the Treasury 
 of the United States. (Sec. 12.) 
 
 Money or property required or authorized to 
 be paid or transferred to the Custodian, shall 
 upon his written order be paid or transferred to 
 the Treasurer of the United States. (Sec. 12.) 
 
 Sales of Property 
 
 Except when sold to the United States, prop- 
 erty disposed of under the provisions of this Act 
 shall be sold only to American citizens at public 
 sale to the highest bidder, the time and place of 
 sale having been publicly advertised. The sale 
 shall be where the property or a major portion 
 thereof is situated except where the President, 
 stating the reasons therefor, shall in the public 
 interest, otherwise determine. 
 
 The Custodian, upon order of the President, 
 stating the reasons therefor, may reject all bids 
 and resell the property at public sale or other- 
 wise, as the President may direct. A person 
 purchasing property from the Custodian for an 
 undisclosed principal, or for resale to a person 
 not a citizen of the United States, or for the 
 benefit of a person not a citizen of the United 
 States, shall be guilty of a misdemeanor, punish- 
 
 [23] 
 
able by a fine of not more than $10,000 or by 
 imprisonment for not more than ten years, or 
 both, and the property shall be forfeited to the 
 United States. (See. 12) 
 
 Disclosure of Stockholders, Officers, and Directors 
 of Corporations and Unincorporated Associations 
 
 Every corporation organized in the United 
 States, and every unincorporated association 
 or company, or trustee or trustees within the 
 United States, issuing shares or certificates repre- 
 senting beneficial interests are required to furnish 
 the Custodian, within sixty days after October 6, 
 1917, with a full list of the names of every officer, 
 director, or stockholder, living outside of the 
 United States, known to be, or whom there is 
 reasonable cause to believe to be, a citizen or 
 subject of a nation at war with the United States 
 or of an ally of such nation, together with the 
 amount of stock or shares owned by each. A 
 similar list may also be required by the President 
 of all. stock and shares owned on February 3, 
 1917, by an enemy or ally of enemy or which the 
 corporation, company, or trustee has reasonable 
 cause to believe is owned by an enemy or ally of 
 enemy, though standing on the books in the name 
 of another person. The name of any officer, 
 director, or stockholder contained in this list may 
 be stricken therefrom by the Custodian if he is 
 satisfied that such officer, director, or stock- 
 
 [24] 
 
 holder is not an enemy or ally of enemy. The 
 President may extend the time for filing lists or 
 returns for an additional period not to exceed 
 ninety days. (Sec. 7-a.) 
 
 Money, Property and Debts 
 
 Any person in the United States holding or 
 having custody or control, alone or jointly, of 
 any property, beneficial or otherwise, for or on 
 behalf of an enemy or ally of enemy, or for any 
 person whom he may have reasonable cause to 
 believe to be an enemy or ally of enemy, or any 
 person in the United States indebted in any way 
 to an enemy or ally of enemy, or to any person 
 believed to be such, is required to furnish the 
 Custodian with a statement containing the par- 
 ticulars of such holdings of indebtedness. Such 
 report shall be made within thirty days after 
 October 6, 1917, or within thirty days after 
 such property shall come within the custody or 
 control of such person, or after such indebted- 
 ness becomes due. The President may also 
 require a similar report of all property so held on 
 February 3, 1917, but the name of any person 
 included in such report may be stricken out by the 
 Custodian if he is satisfied that such person is 
 not an enemy or ally of enemy. The President 
 may extend the time for filing lists or returns, 
 for an additional period not to exceed ninety 
 days. (Sec. 7-a.) 
 
 [25] 
 
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 Any money or property owing or belonging to 
 an enemy or ally of enemy who has not been 
 granted a license by the President, may be re- 
 quired by the President to be paid over or con- 
 veyed to the Custodian. (Sec. 7-c.) If not so 
 required, any person, not an enemy or ally of 
 enemy, owning or holding money or property of 
 an enemy or ally of enemy, if such enemy or ally 
 of enemy does not hold a license hereunder, may, 
 with the consent of the President, pay or transfer 
 the same to the Custodian. (Sec. 7-d.) 
 
 Enforcement of Rights Affecting Enemy 
 Property and Contracts 
 
 Mortgages and Liens 
 
 Any person, not an enemy or ally of enemy, 
 holding a mortgage, pledge, lien, or other right 
 in the nature of security in any property of an 
 enemy or ally of enemy, which by law or by the 
 terms of the instrument creating such right may 
 be disposed of, may hold such property or, 
 after default, may dispose of such property after 
 notice to the Custodian under regulations pre- 
 scribed by the President. Likewise, any person, 
 not an enemy or ally of enemy, who is a party 
 to a contract with an enemy or ally of enemy 
 the terms of which provide for a termination upon 
 notice or for acceleration of maturity on demand, 
 
 [26] 
 
 ill 
 
 may terminate or mature such contract upon 
 notice to the Custodian. 
 
 If any surplus remains after the satisfaction of a 
 mortgage or other claim, notice thereof shall be 
 given to the President and such surplus held sub- 
 ject to his control and order. (Sec. 8-a.) 
 
 Notice to Custodian 
 
 The notice to the Custodian shall be for no 
 longer period than is required by law or by the 
 instrument providing for such notice. If no 
 notice is required by law or by such instrument, 
 notice will not be required by the Custodian. 
 Notice given to the Custodian in accordance with 
 the above shall have the same effect as if served 
 upon an enemy or ally of enemy personally. 
 (Sec. 8-a.) 
 
 Contracts Prior to War 
 
 Any contract entered into prior to the war, 
 between any citizen of the United States, or cor- 
 poration or organization within the United States, 
 and an enemy or ally of enemy, the terms of which 
 provide for the delivery of anything produced, 
 mined, or manufactured in the United States, to 
 an enemy or ally of enemy, may be abrogated 
 by such citizen or corporation, by serving thirty 
 days* notice in writing upon the Custodian. 
 (Sec. S-b.) 
 
 [27] 
 
 mmmm 
 
II! 
 
 liffil 
 
 
 Claims for Property Transferred to Custodian 
 
 Any person, not an enemy or ally of enemy, 
 having any interest, right, or title to any money 
 or other property transferred to the Custodian, 
 or to whom any debt may be owing from an enemy 
 or ally of enemy whose property has been trans- 
 ferred to the Custodian, may file with the Custodian 
 a notice of his claim. If application is made 
 by the claimant for the transfer of such money or 
 property, the President, with the assent of the 
 owner thereof and of all persons claiming an 
 interest therein, may order the payment or de- 
 livery to the claimant of such money or property, 
 held by the Custodian or by the Treasurer of the 
 United States, or of such interest therein as the 
 President may determine the claimant is entitled 
 to. An order of the President herein shall not 
 bar any person from prosecuting suit to establish 
 any right or interest in such money or property . 
 (Sec. 9.) 
 
 May Sue in District Court 
 
 If the claimant files notice of his claim but 
 makes no application to the President, or if the 
 President shall not act on such application within 
 sixty days, the claimant may, within six months 
 after the end of the war, institute a suit in equity 
 to establish the interest, right, title, or debt so 
 claimed. Such suit shall be instituted in the 
 district court of the United States for the district 
 
 [28] 
 
 -^^■^■MMiaMi 
 
 t 
 
 in which the claimant resides, or if the claimant 
 is a corporation, the suit shall be instituted in the 
 district where such corporation has its principal 
 place of business. The property or money 
 claimed shall be held by the Custodian until final 
 decree is entered and satisfied by payment, or 
 until the suit is otherwise terminated. Except 
 as provided in the law, the money or property 
 paid to the Custodian shall not be liable to lien, 
 attachment, garnishment, trustee process, or exe- 
 cution, nor shall it be subject to any order or de- 
 cree of any court. But money paid to the Cus- 
 todian and deposited in the Treasury of the United 
 States, as a trust fund for the payment of an 
 enemy or ally of enemy owner of letters patent, or 
 trademark, print, label, or copyright registration, 
 used by a citizen of the United States under 
 license from the President, may be distributed by 
 order of a court. (Sec. 9.) 
 
 Enemy May Sue or Defend 
 
 An enemy or ally of enemy licensed hereunder 
 may bring suit if the basis thereof originated in 
 business transacted within the United States 
 under such license; and, similarly, defend a suit 
 brought against him. (Sec. 7-b.) 
 
 Notice from President a Defense 
 
 Notice from the President that he believes a 
 person asserting a claim in law or equity is an 
 
 [29] 
 
Illl 
 
 |i •! 
 
 enemy or ally of enemy shall operate as a prima 
 facie defense to such suit. (Sec. 7-b.) 
 
 Statute of Limitation Suspended 
 
 The running of any statute of limitation shall 
 be suspended with reference to the rights or rem- 
 edies on any contract entered into prior to the 
 beginning of the war between parties neither of 
 whom is an enemy or ally of enemy, the terms of 
 which provide for payment of money evidenced 
 by commercial paper drawn against or secured by 
 funds or property situated in an enemy or ally 
 of enemy country. No suit shall be maintained 
 on any such contract in the United States until 
 after the end of the war, or until such funds or 
 property shall be released for payment or for 
 satisfaction of such contract. This provision 
 shall not be construed to prevent the suspension 
 of the running of any statute of limitation in 
 cases where such suspension would occur under 
 existing law. (Sec. 8-c.) 
 
 Settlement of Claims 
 
 After the end of the war, any claim of an enemy 
 or ally of enemy to money or other property held 
 by the Custodian, or deposited in the United 
 States Treasury, shall be settled as Congress shall 
 direct, except that, on order of the President, or 
 of the court as provided in this Act, the Custodian 
 or the Treasurer of the United States shall con- 
 
 [30] 
 
 *»- 
 
 vey or pay to any person to whom the President 
 shall order, or in whose behalf a final judgment or 
 decree shall be entered, money or property of an 
 enemy or ally of an enemy held by the Custodian 
 or the Treasurer of the United States. The 
 Treasurer of the United States on order of the 
 Custodian shall repay to the licenseeof any patent, 
 trademark, or copyright, any funds deposited 
 by said licensee. (Sec. 12 ) 
 
 Statements for Collectors of Customs 
 
 Statements by Master of Ship and Owners, Ship- 
 pers or Consignors of Cargoes 
 
 The master, or person in charge of any vessel, 
 before departure of such vessel from port, shall 
 deliver to the collector of customs of the district 
 wherein such vessel is located, a statement duly 
 verified under oath, that the cargo is not shipped 
 or to be delivered in violation of law. The owner, 
 shipper, or consignor of the cargo of such vessel 
 shall in like manner deliver to the collector a 
 similar statement as to the cargo or parts thereof, 
 shipped by them; which statement shall contain 
 the names and addresses of the actual consignees, 
 or, if a shipment is made to a bank or other factor, 
 the names and addresses of the persons who are 
 the actual consignees. Copies of these statements 
 shall be delivered to the American consular oflSce 
 at the port of destination of the cargo by the mas- 
 ter or person in control of the vessel. (Sec. 13.) 
 
 [31] 
 

 Refused of Clearance of Vessel 
 
 Whenever there is reasonable cause to believe 
 that the manifest or statement is false, or that the 
 vessel is about to carry any property to or for the 
 account of an enemy or ally of enemy, the collec- 
 tor of customs, subject to review by the President, 
 may refuse clearance to any vessel for which 
 clearance is required by law, and by formal notice 
 served upon the owner or person in command 
 or in charge of any domestic vessel for which 
 clearance is not required by law, may forbid the 
 departure of such vessel from port. (Sec. 14.) 
 
 Report of Export of Coin or Bullion 
 
 When any cargo intended for export contains 
 gold coin, silver coin, bullion, or other moneys 
 of the United States, the collector of customs shall 
 report to the President the amount thereof with 
 names of trustees, consignors, and consignees, 
 and any other facts known to the collector, par- 
 ticularly those which may indicate that the ship- 
 ment may be intended for delivery to an enemy 
 or ally of enemy. (Sec. 14.) 
 
 Patents, Trademarks and Copyrights 
 
 Prosecution of Applications 
 
 An enemy or ally of enemy may file and prose- 
 cute in the United States an application for a 
 patent, or for registration of a trademark, print, 
 
 132] 
 
 label, or copyright, and pay any fee required by 
 law including attorney's fees. If an enemy or 
 ally of enemy is unable during the war, or within 
 six months thereafter, on account of conditions 
 arising out of the war, to file such application, or 
 to pay any official fee required by law within the 
 prescribed period, he may be granted an extension 
 of nine months beyond the expiration of such 
 period, provided the nation of which such appli- 
 cant is a citizen or subject extends similar privi- 
 leges to citizens of the United States. (Sec. 10-a.) 
 Any citizen of the United States, or any cor- 
 poration organized within the United States, 
 when duly authorized by the President, is per- 
 mitted to pay to an enemy or ally of enemy, 
 any tax, annuity, or fee which may be required 
 by the laws pertaining to patents, trademarks, and 
 copyrights, of such enemy or ally of enemy nation. 
 Any citizen or corporation may file and prosecute 
 an application for patent or registration of trade- 
 mark or copyright in the country of an enemy or 
 ally of enemy, after first receiving a license from 
 the President, and may pay the fees required by 
 law and agent's fees, the amount of which shall be 
 subject to the control of the President. (Sec. 10-b.) 
 
 Use of Patent^ Trademark or Copyright Owned 
 by Enemy or Ally of Enemy 
 
 Permission to manufacture under patent or 
 use any trademark or copyright owned or con- 
 
 [ 33 ] 
 

 ii 
 
 I' I 
 
 troUed by an enemy or ally of enemy during the 
 existence of the war may be granted under license 
 issued by the President. He may prescribe the 
 conditions of the license, including the fixing of 
 prices of articles and products necessary to the 
 health of the military and naval forces of the 
 United States and the successful prosecution of 
 the war, and the rules under which it may be 
 granted and the fee which shaU be charged there- 
 for. (Sec. 10-c.) 
 
 The licensee shaU render, at stated periods (at 
 least annually), to the President a statement of 
 the extent of the use of the license and the 
 prices received and shall pay to the Alien Property 
 Custodian an amount not to exceed five per cen- 
 tum of the gross sums received from the use of 
 such inventions, trademarks, or copyrighted mat- 
 ter, or five per centum of the value of the use of 
 such inventions, trademarks, or copyrighted mat- 
 ter, if so ordered by the President. The amount 
 paid shall be deposited by the Custodian with the 
 Treasurer of the United States as a trust fund for 
 the licensee or for the owner of the patent, trade- 
 mark or copyright. (Sec. 10-d.) 
 
 Licenses will continue during the term fixed 
 m the license, or, in the absence of a limitation, 
 dunng the term of the patent or copyright, 
 (bee. 10-e.) 
 
 [34] 
 
 V I -f 
 
 For violation of these provisions or of the 
 conditions of the license, the President, after due 
 notice and hearing, may cancel any license. 
 (Sec. 10-e.) 
 
 Invention Against Public Safety Kept Secret 
 
 If the President is of the opinion that the pub- 
 lication of an invention, through grant of a patent , 
 may endanger the public safety or assist the 
 enemy, he may order that such invention be kept 
 secret and patent be withheld until the end of the 
 war. If it be established that application for such a 
 patent has been filed in any other country, or such 
 invention published without the consent of the 
 Commissioner of Patents or a license of the Presi- 
 dent, such invention may be held abandoned. 
 (Sec. 10-i.) 
 
 • 
 
 Powers of Attorney 
 
 Powers of attorney heretofore or hereafter 
 given by an enemy or ally of enemy to any per- 
 son in the United States, in so far as the same may 
 be necessary in the prosecution of an application 
 for a patent or the registration of a trademark 
 or copyright or the maintenance of a suit against 
 a person other than a licensee to restrain infringe- 
 ment, are valid. (Sec. 10-g.) 
 
 [35] 
 
 idB 
 
 V 
 
III 
 
 Remedies of Enemy and AUy of Enemy 
 Owners of Patents and Copyrights 
 
 Suits Against Licensee 
 
 An owner of a patent or copyright may, within 
 one year after the end of the war, file a bUl in- 
 equity against the licensee, in the United States 
 district court (for the district in which the licensee 
 resides, or, if a corporation, in which it has its 
 principal place of business) for recovery from a 
 licensee for all use and enjoyment of his patent, 
 trademark, or copyright. The Treasurer of the 
 United States shall be made a party to the suit, 
 and the Custodian shall receive notice thereof 
 within thirty days after its entry. The licensee 
 shall be entitled to make any and all defences 
 to such suit which would be available were no 
 licenses granted. (Sec. 10-f.) 
 
 If judgment is rendered for the payment of 
 royalty, the same shall be satisfied so far as pos- 
 sible by the fund which has been paid to the Cus- 
 todian by the licensee. If any balance is left, the 
 same shall be returned to the licensee. (Sec. 10-f.) 
 
 If no suit is brought agamst the licensee within 
 one year after the termination of the war, all 
 funds deposited by the licensee shall be returned. 
 After entry of suit or repayment of funds, the 
 licensee shall not be required to make further 
 reports to the President. (Sec. 10-f.) 
 
 [36] 
 
 h 
 
 If suit is brought, the court may terminate the 
 license and, in such event, may restrain infringe- 
 ment thereafter, or may continue the license for a 
 stated period with such royalties as it may find 
 just and reasonable. (Sec. 10-f.) 
 
 Suits Against Others than Licensee 
 
 The owner of a patent or copyright may in- 
 stitute and prosecute suits in equity, against any 
 person other than a licensee, to enjoin the in- 
 fringement of patents and copyrights, in the same 
 manner and to the same extent as if the United 
 States were not at war. Final judgment in such 
 suit in favor of an enemy or ally of enemy shall 
 not be entered except upon thirty days' notice 
 to the Custodian. (Sec. 10-g.) 
 
 Suspension of Provision Relating to Ally 
 
 of Enemy by President 
 
 The President may by proclamation suspend 
 the provisions of this act so far as they may apply 
 or relate to an ally of enemy. (Sec. 5-a.) 
 
 Publications in Foreign Language 
 
 The publication or circulation, in any foreign 
 language, of any news item or comment respect- 
 ing the United States or any nation engaged in 
 the present war, or their policies or international 
 relations, shall not be permitted unless the 
 publisher files with the postmaster, at the place 
 
 [37] 
 
 .1 
 
of publication, a complete translation of the 
 entire article in the English language. This 
 translation shall be made under oath and the 
 article published shall be accompanied bv a 
 statement showing that a true translation ' has 
 been filed giving the name of the postoffice 
 
 Publications in any foreign language failing to 
 comply with the above regulations shaU not be 
 admitted to the mails, and their distribution in 
 any other manner is declared unlawful 
 
 For a false statement in the affidavit in connec- 
 tion with translation aforementioned, the affiant 
 sbaJi be punishable for perjuiy. 
 
 Censorship Established 
 
 If the President deems it expedient he may 
 cause to be censored communications by mail 
 cable, radio, or other means between this and any 
 countiy specified by him. Attempts at evasion 
 or concealment from such censorship shall be 
 pumshable by a fine of not more than $10,000 or 
 imprisonment for not more than ten years, or 
 both. (Sec. 3-d.) 
 
 President May Prohibit Imports 
 
 During the war, it shall be unlawful to import 
 into the United States any article or articles from 
 any country of which the President shall make 
 proclamation, except as ordered by him. (Sec. 11.) 
 
 [38] 
 
 I 
 
 \ 
 
 Penalty for Violation 
 
 Violation of the provisions of this law, or of 
 any license, rule, or regulation thereunder, shall 
 be punishable by fine of not more than $10,000, 
 or, if the offender is an individual, by imprisonment 
 for not more than ten years, or both. The 
 officer, director, or agent of any corporation who 
 knowingly participates in such violation, shall 
 be punished by a like fine, imprisonment, or both. 
 Any property or any vessel concerned in such 
 violation shall be forfeited to the United States. 
 (Sec. 16.) 
 
 Jurisdiction of District Courts 
 
 « 
 
 The district courts of the United States are 
 given jurisdiction to issue all orders and decrees 
 which may be necessary and proper to enforce 
 the provisions of the law, with right to appeal as 
 prescribed by law. (Sec. 17.) 
 
 The several courts of first instance in the Phil- 
 ippine Islands and the district court of the 
 Canal Zone shall have jurisdiction of offenses 
 under this law committed within their respective 
 districts, and concurrent jurisdiction with the dis- 
 trict courts of the United States of offences under 
 this law committed on the high seas. (Sec. 18.) 
 
 [39] 
 
Circular of Information 
 
 Issued by the AUen Property Custodian 
 (Revised to July 1, 1918) 
 
 Section A.— Persons Whose Property 
 Should be Reported. 
 
 Reports are required regarding any and all 
 property belonging to any person included in one 
 or more of the following classes : 
 
 (1) Residents in enemy territory.— All persons, 
 without regard to citizenship, parentage, or place 
 of birth, residing in enemy or ally of enemy coun- 
 tries or in territory occupied by the military 
 or naval forces of enemy or ally of enemy nations. 
 (Such territory, for convenience, will hereafter 
 be referred to as "enemy territory" or "ally of 
 enemy territory," as the case may be.) This 
 class includes even citizens of the United States so 
 residing. 
 
 (2) Doing business in enemy territory.— Per- 
 sons resident outside the United States and doing 
 business within "enemy" or "ally of enemy" 
 territory. 
 
 (3) Interned or imprisoned subjects of enemy 
 nations.— (a) Persons interned in custody of the 
 United States War Department; or 
 
 [40] 
 
 > -*■ 
 
 i 
 
 T 
 
 (6) Citizens or subjects of enemy nations de- 
 tained as prisoners of war by the United States 
 or by any nation associated with it in the prosecu- 
 tion of the war; or 
 
 (c) Citizens or subjects of enemy nations in- 
 terned by any of the nations which is an associate 
 of the United States. 
 
 (4) Officers, agents, etc., of enemy nations. — 
 Governments (including subdivisions) and officers, 
 officials, agents, or agencies of enemy or ally of 
 enemy nations. 
 
 (5) Women enemies, by reason of marriage. — 
 Women who are citizens or subjects of enemy 
 nations, resident outside the United States, and 
 whose husbands are — 
 
 (a) Officers, officials, or agents of enemy nations 
 (the country in which husband resides in this case 
 is not material) ; or 
 
 (b) Residents of enemy territory ; or 
 
 (c) Resident outside the United States and 
 doing business in enemy territory. 
 
 (6) Disseminating propaganda, etc.— Citizens 
 or subjects of enemy nations resident or doing 
 business outside of the United States — 
 
 (a) Who have, since the beginning of the war, 
 or shall hereafter disseminate propaganda cal- 
 culated to injure the cause of the United States 
 or to aid the cause of an enemy ; or 
 
 [41] 
 
 
IHI 
 
 111 
 'I I » 
 
 (6) Who have assisted or shall hereafter assist 
 in plotting or intrigue against the United States 
 or any of its associates. 
 
 (7) Names on enemy trading list,— Subjects or 
 citizens of an enemy nation resident outside of the 
 United States whose names appear on the Enemy 
 Trading List, as published from time to time by 
 the War Trade Board. This includes firms and 
 copartnerships appearing on said list, if one or 
 more of the members are citizens or subjects of an 
 enemy nation. 
 
 (8) Persons who have visited in enemy terri- 
 tory since beginning of European war. — Citi- 
 zens or subjects of enemy nations resident out- 
 side the United States who have been resident in 
 enemy territory at any time since August 4, 1914. 
 
 (9) Corporations. — Corporations, incorporated 
 in enemy or ally of enemy territory, or incorpor- 
 ated outside the United States and doing business 
 in such territory. 
 
 (10) Additional classes created hereafter by 
 presidential proclamation. — Such other individ- 
 uals, or body or class of individuals, as may be 
 natives, citizens, or subjects of any enemy or ally 
 of enemy nation, wherever resident or wherever 
 doing business, as the President may hereafter by 
 proclamation designate. Wide publicity is gener- 
 ally given to such proclamations in the newspapery. 
 
 [42] 
 
 ^ 
 
 (11) Officers, directors, stockholders of corpora- 
 tions — ^Form 101 only. — In making reports on 
 A. P. C. Form 101 (which covers oflScers, directors, 
 and stockholders of corporations) in addition to 
 any persons falling under any of the preceding 
 classes, you must include: All subjects or citizens 
 of enemy or ally of enemy countries residing out- 
 side of the United States. 
 
 Section B. — Who Should Make Report 
 
 If you are custodian of property whose owner 
 you have reasonable cause to believe is included 
 within any of the above classes you must make 
 report. 
 
 If you have information as to such property, 
 out are not custodian thereof, it is your patriotic 
 duty to furnish the AHen Property Custodian the 
 name and residence of owner, description of prop- 
 erty, and name and address of person in charge 
 or with as much of this information as you can 
 secure. 
 
 Section C. — Property to Be Reported 
 
 (1) Property, rights and claims of every kind, 
 tangible or intangible, stocks, bonds, notes, 
 money, chattels, securities, lands, indebtedness, 
 accounts receivable, copyrights, patents, safety- 
 deposit boxes, etc., which belong to or in which 
 
 [43] 
 
 ill 
 
 I 
 
any person included in one of the classes herein- 
 before enumerated is interested. Even if the 
 property is held in the name of another — ^by a 
 dummy or in trust, for example — the real bene- 
 ficial interest is to be reported. 
 
 (2) Executors, administrators, trustees, and 
 other fiduciaries must report any interest of an 
 enemy, whether vested or contingent, present or 
 future, divided or undivided. 
 
 Section D.— List of Report Forms 
 
 The following are the forms upon which re- 
 ports must be made : 
 
 (1) Form 101: List of officers, directors, and 
 stockholders required to be filed by corporations 
 incorporated within the United States, and by 
 unincorporated associations, companies, or trus- 
 tees within the United States, issuing shares or 
 certificates representing beneficial interests. 
 
 (2) Form 102A: Reports by insurance com- 
 panies of indebtedness arising out of life, accident, 
 or health poUcies. 
 
 (3) Form 102B: Reports by insurance com- 
 panies of indebtedness arising out of fire, marine, 
 or other insurance policies and fidelity and surety 
 bonds. 
 
 (4) Form 103: Reports by banks regarding 
 bank deposits. 
 
 [44] 
 
 (5) Form 104: Reports by safety deposit com- 
 panies and others leasing safety-deposit boxes, 
 vaults, or receptacles, where such lessors do not 
 have access to the boxes, vaults, or receptacles. 
 
 (6) Form 105: Reports by executors, adminis- 
 Irators, guardians, trustees, receivers, and all 
 others acting in like fiduciary or representative 
 capacity. 
 
 (7) Form 109: Reports by enemies, interned 
 in the United States, regarding property owned, 
 held, or controlled by them, or in which they are 
 interested beneficially or otherwise. 
 
 (8) Form 100: All enemy property or funds 
 not required to be reported upon any of the 
 forms above enumerated. 
 
 Above forms will be supplied by the Alien 
 Property Custodian on request. 
 
 Section E, — Who are ^^ Enemy " and 
 'Ally of Enemy " Nations 
 
 ff 
 
 At this date, July 1, 1918, "enemy nations" are: 
 
 Germany. 
 
 Austria-Hungary, 
 and "ally of enemy nations" are: 
 
 Bulgaria. 
 
 Turkey. 
 
 [45] 
 
 I 
 
i1 
 
 li 
 
 I! 
 
 II 
 
 |j I •! 
 
 I 
 
 _ * 
 
 Section F. — Enemy Property to be 
 Kept in Statu Quo 
 
 If you hold property or funds which you have 
 reason to believe to be proper subject for report 
 to this office, permit no change to be made, either 
 in the investment itself or in the name or title 
 in which it is held, unless authorized to do so by 
 the Alien Property Custodian or the War Trade 
 Board. Even reinvestments in Liberty Bonds can 
 not be made. 
 
 Section G. — Penalty 
 
 Failure to make report to the Alien Property 
 Custodian, where required by law or by regula- 
 tion of the Alien Property Custodian made under 
 such law, is punishable by imprisonment for not 
 more than 10 years or a fine of not more than 
 $10,000.00, or both. 
 
 [46] 
 
 Trading With the Enemy Act 
 
 (Approved October 6, 1917) 
 
 Be it enacted by the Senate and House of Represen- 
 tatives of the United States of America in Congress assem- 
 bled, That this Act shall be known as the ''Trading with 
 the enemy Act." 
 
 Sec. 2. That the word "enemy," as used herein, shall Definition: 
 be deemed to mean, for the purposes of such trading and 
 of this Act — 
 
 (a) Any individual, partnership, or other body of Enemy 
 individuals, of any nationality, resident within the ter- 
 ritory (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 bus- 
 iness within such territory, and any corporation incorpo- 
 rated within such territory of any nation with which the 
 United States is at war or incorporated within any coun- 
 try 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 individ- 
 uals, as may be natives, citizens, or subjects of any nation 
 with which the United States is at war, other than citi- 
 zens 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 indi- Ally of 
 viduals, of any nationality, resident within the territory- Enemy 
 (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 
 
 [47] 
 
 / 
 
 # 
 
in 
 
 Person 
 
 United States 
 
 Beginning of 
 the War 
 
 End of the 
 War 
 
 Bank or 
 Banks 
 
 To Trade 
 
 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 
 pohtical or municipal subdivision of such ally nation, or 
 any officer, official, agent, or agency thereof. 
 
 (c) Such other individuals, or body or class of individ- 
 uals, 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 suc- 
 cessful 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 forces thereof. 
 
 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. 
 
 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, satisfv, 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. 
 
 [48] 
 
 (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 dis- 
 pose of, or receive any form of property. 
 
 (e) To have any form of business or commercial com- 
 munication or intercourse with. 
 
 Sec. 3. That it shall be unlawful — 
 
 (a) For any person in the United States, except with Prohibitions 
 the license of the President, granted to such person, or 
 
 to the enemy, or ally of enemy, as provided in this 
 Act, to trade, or attempt to trade, either directly or Trade 
 indirectly, with, to, or from, or for, or on account of, or on 
 behalf of, or for the benefit of, any other person, with knowl- 
 edge or reasonable cause to believe that such other person 
 is an enemy or ally of enemy, or is conducting x)r 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 trans- 
 port 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 
 
 [49] 
 
 Transporta- 
 tion of 
 Enemy 
 
 Transmis- 
 sion of Com- 
 munications 
 
 i 
 

 Censorship 
 
 Insurance 
 Companies 
 >r others 
 Doing Busi- 
 less in U. S. 
 
 )<!< 
 
 o?i^^S ""? *°*^°*^''^ ^•"" ""' ^ be deUvered, directly 
 aL«1 T& *° ^ ''"^"y ^"^ ^"y °f enemy: Prw^I 
 ofX t'iSpH IfyP^'^on may send, take, or transmit ou 
 ot the Umted States anythmg herem forbidden if he shal 
 first submit the same to the President, or to such officer 
 as the President may direct, and shall obtaSi the Hcense 
 or consent of the President, under such ruCand rSf 
 &eSdent!' '"'^ -^-Pt^ons, as shall be'pr'crib:!" by 
 
 »!, ^fi^ Whenever, during the present war, the President 
 shall deem that the public safety demands it he mav 
 cause to be censored under such rules and regulatk.iS^«s 
 
 m«i?'?Kr'" ^^' *° *™^ ^«*^blish, commuSSby 
 mail cable, radio, or other means of transmisJon n«« 
 mg between the United States and any TS cou^n^' 
 
 fh^^:J'^^^°'' "^^^ willfully evades or attempts to evade 
 
 shfn nr 3°n ""^ ^°^ '"'*^ Communication to such ceS^ 
 ship or willfully uses or attempts to use any code or oXr 
 device for the purpose of concealing from such ceLrshfn 
 the intended meaning of such communicatSn Zfl be 
 punished as provided in section sixteen of this Act. 
 
 Sec. 4. (a) Every enemy or ally of enemy insurancp 
 or remsurance company, and every enemy orX of 
 enemy, doing busine^ VN-ithin the United States through an 
 agency or branch office, or otherwise, may, withS thirtv 
 days after the parage of this Act, apply to the PresS 
 for a hcense to continue to do busine^; and, wfthhThlrtv 
 days after such application, the President may enter 
 an order either granting or refusing to grant suScense 
 The license If granted, may be temporary or othSe" 
 and for such period of time, and may contain such^o' 
 visions and conditions regulating the^busineS, agendes 
 
 STvf^r r^ ^"^^^^^ ^°<i the control and di^E on 
 of the funds of the company, or of such enemy or afw 
 
 Ttt^ UnitedKr '5'" '^r «««e^y"or thefity 
 01 tne united States; and any license granted hereundpp 
 
 may be revoked or regranted or renewed in such manner 
 
 and at such times as the President shall determine P™ 
 
 nded, however. That reasonable notice of his St to rel 
 
 [50] 
 
 fuse 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: Provided further y That no insur- 
 ance company, organized within the United States, shall 
 be obligated to continue any existing contract, entered into 
 prior to the beginning of the war, with any enemy or ally 
 of enemy insurance or reinsurance company, but any such 
 company may abrogate and cancel any such contract by 
 serving thirty days' notice in writing upon the President 
 of its election to abrogate such contract. 
 
 For a period of thirty days after the passage of this 
 Act, and further pending the entry of such order by the 
 President, after application made by any enemy or ally 
 of enemy insurance or reinsurance company, within such 
 thirty days as above provided, the provisions of the 
 President's proclamation of April sixth, nineteen hundred 
 and seventeen, relative to agencies in the United States of 
 certain insurance companies, as modified by the provisions 
 of the President's proclamation of July thirteenth, nineteen 
 hundred and seventeen, relative to marine and war-risk 
 insiu:ance, shall remain in full force and effect so far as it 
 applies to such German insurance companies, and the con- 
 ditions of said proclamation of April sixth, nineteen hun- 
 dred and seventeen, as modified by said proclamation of 
 July thirteenth, nineteen hundred and seventeen, shall also 
 during said period of thirty days after the passage of this 
 Act, and pending the order of the President as herein 
 provided, apply to any enemy or ally of enemy insurance or 
 reinsurance company, anything in this Act to the contrary 
 notwithstanding. It shall be unlawful for any enemy or 
 ally of enemy insurance or reinsurance company, to whom 
 hcense is granted, to transmit out of the United States 
 any funds belonging to or held for the benefit of such 
 company or to use any such funds as the basis for the 
 establishment directly or indirectly of any credit within 
 or outside of the Umted States to, or for the benefit of, 
 or on behalf of, or on account of, an enemy or ally of 
 enemy. 
 
 For a period of thirty days after the passage of this 
 Act, and further pending the entry of such order by the 
 President, after application made within such thirty days 
 
 [51] 
 
 Abrogation 
 of Insurance 
 Contracts 
 
 Lawful to 
 Continue 
 Business 
 30 Days 
 
 Transmission 
 of Funds 
 Unlawful 
 
 # 
 
Unlawful 
 
 ontinue 
 
 business 
 
 tTithout 
 
 license 
 
 to 
 
 I 
 
 by any enemy or ally of enemy, other than an insurance 
 or remsurance company as above provided, it shall be law- 
 ful 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, anythmg in this Act to the 
 contrary notwithstanding: Provided, however, That the 
 provisions of sections three and sixteen hereof shall apply 
 to any act or attempted act of transmission or transfer 
 of money or other property out of the United States and 
 to the use or attempted 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 oi enemy. 
 
 If no license is applied for within thirty days after the 
 passage of this Act, or if a license shall be refused to any 
 enemy or ally of enemy, whether insurance or reinsurance 
 company or other person, making application, or if any 
 hcense granted shall be revoked by the President, the 
 provisions of sections three and sixteen hereof shall forth- 
 with apply to all trade or to any attempt to trade with, to, 
 from, for, by, on account of, or on behalf of, or for the 
 benefit of such company or other person: Provided, how- 
 ever, That after such refusal or revocation, anything in this 
 Act to the contrary notwithstanding, it shall be lawful for a 
 poUcy holder or for an insurance company, not an enemy 
 or ally of enemjr, holding insurance or having effected rein- 
 surance in or with such enemy or ally of enemy insurance 
 or reinsurance company, to receive payment of, and for such 
 enemy or ally of enemy insurance or reinsurance company 
 to pay any premium, 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 Act shall vitiate or nullify then existing 
 policies or contracts of insurance or reinsurance, or the 
 conditions thereof; and any such poUcy holder 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 reinsurance company in the custody or 
 control of the alien property custodian, hereinafter provided 
 for, or of the Treasurer of the United States, may make 
 appUcation for the payment thereof and may institute suit 
 as provided in section nine hereof. 
 
 [52] 
 
 'i 
 
 r 
 
 (b) That, during the present war, no enemy, or ally of 
 enemy, and no partnership of which he is a member or wasa 
 member at the beginnmg of the war, shall for any purpose 
 assume or use any name other than that by which sucn 
 enemy or partnership was ordinarily known at the begin- 
 ning of the war, except under license from the President. 
 
 Whenever, during the present war, m the opmion ol the 
 President the public safety or public interest reqmres, the 
 President may prohibit any or all foreign insurance com- 
 panies from domg business in the Umted States, or the 
 President may license such company or compames to do 
 business upon such terms as he may deem proper. 
 
 Sec. 5. (a) That the President, if he shall find it 
 compatible with the safety of the United States and with 
 the successful prosecution of the war, may, by proclama- 
 tion, suspend the provisions of this Act 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 containmg such 
 provisions and conditions as he shall prescnbe, to any 
 person or class of persons to do business as provided in 
 subsection (a) of section four hereof, and to perform any 
 act made unlawful without such license m section three 
 hereof, and to file and prosecute applications under sub- 
 section (b) of section ten hereof; 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 
 compatible with the safety of the United States and with 
 the successful prosecution of the war; and he naay make 
 such rules and regulations, not inconsistent with law, as 
 may be necessary and proper to carry out the provisions 
 of this Act; and the President may exercise any power or 
 authority conferred by this Act 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 
 three hereof he shall have authority to order the postpon- 
 ment of the performance of such act for a period not ex- 
 ceeding ninety days, pending investigation of the facts 
 by him. 
 
 "(b) That the President may investigate, regulate, or 
 prohibit, under such rules and regulations as he may pre- 
 scribe, by means of licenses or otherwise, any transactions 
 
 [53] 
 
 Change of 
 Name 
 
 Suspension 
 of Provision 
 Applicable V 
 an Ally of 
 Bjiemy 
 
 Granting 
 Licenses 
 
 Suepension 
 of Perform- 
 ance of 
 Illegal Act 
 
 Export of 
 Coin or 
 Bullion 
 
 . 
 
 -f/ 
 
Alien Prop- 
 erty Custo- 
 dian 
 
 in foreign exchange, export or ear-markings of ^nlH or 
 
 form' roXr^^h"'"°'^ ''^^^T^' *^^"«f^^^^^^^^^^^^ 
 
 o be executS wrn"^'*" lu^'"^^ ^''^'>- *" t^-ansactions 
 10 DC executed wholly withm the United States) anW 
 
 transfers of evidences of indebtedness or of the ownershb 
 
 of property between the United States and any forS 
 
 country, whether enemy, ally of enemy or othemrsL ?^ 
 
 between residents of one or more foreign countries bT^nv 
 
 person withm the United States; and he ma^ SJe anv 
 
 Zfj^'T '°«T^ f° ^°y «"«b transa^fo^n to furnX 
 under oath, complete information relative thereto indnd 
 ing the production of any books of account conScte 
 letters or other papers, in connection therewith in t£ 
 custody or control of such person, either Ee or after 
 such transaction is completed. 
 
 Sec 6. That the President is authorized to annnmt 
 Pf^'be the duties of, and fix the saJay (not to exceed 
 $5,000 per annum) of an official to be knownas the Allpn 
 Property Custodian, who shall be empow^d to reS 
 all money and property in the United States due or bl- 
 longmg to an enemy, or ally of enemy, which mav be Lid 
 conveyed, transferred, assigned, or delivered^o safd cus 
 todian under the provisions of this Act: and to hold ad 
 
 ES of"1hrr°*. 'T 'H ^^"^^ "°d«^ the'^'general 
 airect on of the President and as provided in this Act 
 
 It! fn Sr "^^ ^r °'^'^'^ «^^" ^^« «"«=h bond or bonj- 
 fh^P «H?*i form and amount, and with such security as 
 the President shall prescribe. The President mav further 
 employ m the District of Columbia and elsewE and fix 
 
 ^i:Z!:raad air"" '='7'^' -ttorneys,'^!!^ 
 sarv fnr ?h!: A °.S^*''' .^mployees as he may find neces^ 
 
 Ac7 Proi Th ^"^TYT"^ °f ^^^ provisions of thL 
 Act. t^ronded, That such clerks, u'vest gators accountpntV 
 and other employees shall be appointed from hsts of S' 
 bles to be suppl ed by the CiviTService ComS.^n ind 
 ThlTl'^^T'-r^^ \^' civil-service law: PrS/wrZ 
 Ihat the President shall cause a detailed reoort to he mo2 
 to Congress on the first day of January oTeacl year of alt 
 proceedings had under this Act during^he yS preced ni 
 
 empteTA'lhrsI'" ^ "^* «^ ^" Perso^app'Sed o'r 
 into custody and the disposition made thereof " 
 
 [54] 
 
 ; 
 
 < 
 
 Sec. 7. (a) That every corporation incorporated within 
 the United States, and every unincorporated association, 
 or company, or trustee, or trustees within the United 
 States, issuing shares or certificates representing beneficial 
 interests, shall, under such rules and regulations as the 
 President may prescribe and, within sixty days after the 
 passage of this Act, and at such other times thereafter as 
 the President may require, transmit to the Alien Property 
 Custodian a full list, duly sworn to, of every officer, director, 
 or stockholder known to be, or whom the representative of 
 such corporation, association, company, or trustee has 
 reasonable cause to believe to be an enemy or ally of 
 enemy resident within the territory, or a subject or citizen 
 residing outside of the United States, of any nation with 
 which the United States is at war, or resident within the 
 territory, or a subject or citizen residing outside of the 
 United States, of any ally of any nation with which the 
 United States is at war, together with the amount of stock 
 or shares owned by each such officer, director, or stock- 
 holder, or in which he has any interest. 
 
 The President may also require a similar list to be trans- 
 mitted of all stock or shares owned on February third, 
 nineteen hundred and seventeen, by any person now 
 defined as an enemy or ally of enemy, or in which an\' 
 such person had any interest; and he may also require a 
 list to be transmitted of all cases in which said corporation, 
 association, company, or trustee has reasonable cause to 
 believe that the stock or shares on February third, nineteen 
 hundred and seventeen, were owned or are owned by such 
 enemy or ally of enemy, though standing on the books in 
 the name of another: Provided, however, That the name 
 of any such officer, director, or stockholder shall be stricken 
 permanently or temporarily from such list by the AUen 
 Property Custodian when he shall be satisfied that he is 
 not such enemy or ally of enemy. 
 
 Any person in the Unites States who holds or has or 
 shall hold or have custody or control of any property ben- 
 eficial or otherwise, alone or jointly with others, of, for, 
 or on behalf of an enemy or ally of enemy, or of any person 
 whom he may have reasonable cause to believe to be an 
 enemy or ally of enemy and any person in the United 
 States who is or shall be indebted in any way to an enemy 
 or ally of enemy, or to any person whom he may have 
 reasonable cause to believe to be an enemy or ally of enemy, 
 
 [55] 
 
 Disclosure of 
 Stockholders, 
 Directors, 
 and Officers 
 of Corpora- 
 tions 
 
 I 
 
 1 
 
 [ 
 
 Disclosure ol 
 Money or 
 Property 
 
 mt 
 
I 
 
 Extension of 
 Time for 
 Filing Lists 
 
 Effect of 
 Law on 
 Unlawful 
 Transactions 
 
 shall, with such exceptions and under such rules and reg- 
 ulations as the President shall prescribe, and within thirty 
 days after the passage of this Act, or within thirty days 
 after such property shall come within his custody or 
 control, or after such debt shall become due, report the fact 
 to the Alien Property Custodian by written statement under 
 oath containing such particulars as said custodian shall 
 require. The President may also require a similar report 
 of all property so held, of, for, or on behalf of, and of aU 
 debts so owed to, any person now defined as an enemy or 
 ally of enemy, on February third, nineteen hundred and 
 seventeen: Providedy That the name of any person shall 
 be stricken from the said report by the Alien Property Cus- 
 todian, either temporarily or permanently, when he shall be 
 satisfied that such person is not an enemy or ally of 
 enemy. 
 
 The President may extend the time for filing the lists or 
 reports required by this section for an additional period 
 not exceeding ninety days. 
 
 (b) Nothing in this Act contained shall render valid 
 or legal, or be construed to recognize as valid or legal, any 
 act or transaction constituting trade with, to, from, for 
 or on account of, or on behalf or for the benefit of an enemy 
 performed or engaged in since the beginning of the war and 
 prior to the passage of this Act, or any such act or transac- 
 tion hereafter performed or engaged in except as authorized 
 hereunder, which would otherwise have been or be void, 
 illegal, or invalid at law. No conveyance, transfer, 
 dehvery, payment, or loan of money or other property, in 
 violation of section three hereof, made after the passage 
 of this Act, and not under license as herein provided shall 
 confer or create any right or remedy in respect thereof; 
 and no person shall by virtue of any assignment, indorse- 
 ment, or dehvery to him of any debt, bill, note, or other 
 obhgation or chose in action by, from, or on behalf of, 
 or on account of, or for the benefit of an enemy or ally of 
 enemy have any right or remedy against the debtor, 
 obligor, or other person liable to pay, fulfill, or perform 
 the same unless said assignment, indorsement, or dehvery 
 was made prior to the beginning of the war or shall be made 
 under license as herein provided, or unless, if made after 
 the beginning of the war and prior to the date of passage 
 of this Act, the person to whom the same was made shall 
 prove lack of knowledge and of reasonable cause to believe 
 
 [56] 
 
 < 
 
 on his part that the same was made by, from or on behalf 
 of, or on account of, or for the benefit of an enemy or 
 ally of enemy; and any person who knowingly pays, 
 discharges, or satisfies any such debt, note, bill, or other 
 obhgation or chose in action shall, on conviction thereof, 
 be deemed to violate section three hereof: Provided^ 
 That nothing in this Act contained shall prevent the 
 carrying out, completion, or performance of any con- 
 tract, agreement, or obligation originally made with or 
 entered into by an enemy or ally of enemy where, prior to 
 the beginning of the war and not in contemplation thereof, 
 the interest of such enemy or ally of enemy devolved by 
 assignment or otherwise upon a person not an enemy or ally 
 of enemy, and no enemy or ally of enemy will be benefited 
 by such carrying out, completion, or performance other- 
 wise than by release from obligation thereunder. 
 
 Nothing in this Act shall be deemed to prevent pay- 
 ment of money belonging or owing to an enemy or ally of 
 enemy to a person within the United States, not an enemy 
 or ally of enemy, for the benefit of such person or of any 
 other person within the United States, not an enemy or ally 
 of enemy, if the funds so paid shall have been received 
 prior to the beginning of the war and such payments arise 
 out of transactions entered into prior to the beginning of 
 the war, and not in contemplation thereof: Provided, 
 That such payment shall not be made without the license 
 of the President, general or special, as provided in this Act. 
 
 Nothing in this Act shall be deemed to authorize the 
 prosecution of any suit or action at law or in equity in any 
 court within the United States by an enemy or ally of 
 enemy prior to the end of the war, except as provided in 
 section ten hereof: Providedy however, That an enemy or 
 ally of enemy licensed to do business under this Act may 
 prosecute and maintain any such suit or action so far as the 
 same arises solely out of the business transacted within the 
 United States under such license and so long as such license 
 remains in full force and effect: And provided further y 
 That an enemy or ally of enemy may defend by eounsel 
 any suit in equity or action at law which may be brought 
 against him. 
 
 Receipt of notice from the President to the effect that 
 he has reasonable ground to believe that any person is an 
 enemy or ally of enemy shall be prima facie defense to any 
 one receiving the same, in any suit or action at law or in 
 
 [57] 
 
 Payments 
 Prior to War 
 
 Maintenance 
 of Suit 
 
 Defense t% 
 Suit by 
 Enemy 
 
Surrender of 
 
 En^ny 
 
 Property 
 
 Delivery to 
 Custodian 
 fulldis- 
 chaxge of 
 obligation 
 
 equity brought or maintained, or to any right or set-oflF or 
 recoupment asserted by, such person and based on failure 
 to complete or perform since the beginning of the war any 
 contract or other obhgation. In any prosecution under 
 ^tion sixteen hereof , proof of receipt of notice from the 
 f'resident to the effect that he has reasonable cause to 
 beheve that any person is an enemy or aUy of enemy shall 
 be pnma facie evidence that the person receiving such 
 notice has reasonable cause to beheve such other person 
 to be an enemy or aUy of enemy within the meaning of 
 section three hereof. 
 
 (c) If the President shall so require, any money or other 
 IMXjperty owmg or belonging to or held for, by, on account 
 of, or on behalf of, or for the benefit of an enemy or ally of 
 enemy not holdmg a Ucense granted by the President hwe- 
 under, which the President after investigation shall deter- 
 mme IS so owmg or so belongs or is so held, shall be con- 
 veyed, transferred, assigned, dehvered, or paid over to the 
 Ahen Property Custodian. 
 
 (d) If not required to pay, convey, transfer, assign, or 
 dehver under the provisions of subsection (c) hereof, any 
 person not an enemy or ally of enemy who owes to, or holds 
 for, or on account of, or on behalf of, or for the benefit of an 
 enemy or of an ally of enemy not holding a license granted 
 by the President hereunder, any money or other property, 
 or to whom any obhgation or form of liability to such 
 enemy or ally of enemy is presented for payment, may, 
 at his option, with the consent of the President, pay, 
 convey, transfer, assign, or deliver to the Ahen Property 
 Custodian said money or other property under such nJes 
 and regulations as the President shdl prescribe. 
 
 (e) No person shall be held liable in any court for or 
 in respect to anything done or omitted in pursuance of any 
 order, rule, or regulation made by the President under the 
 authority of this Act. 
 
 Any payment, conveyance, transfer, assignment, or 
 dehvery of money or property made to the Ahen Property 
 Custodian hereunder shall be a full acquittance and dis- 
 charge for all purposes of the obligation of the person 
 makuag the same to the extent of same. The Alien Prop- 
 erty Custodian and such other persons as the President may 
 appomt shall have power to execute, acknowledge, and 
 deliver any such instrument or mstruments as may be 
 necessary or proper to evidence upon the record or other- 
 
 f 58 ] 
 
 > 
 
 i 
 
 wise such acquittance and discharge, and shall, m case of 
 payment to the Alien Property Custodian of any debt or 
 obligation owed to an enemy or ally of enemy, dehver up 
 any notes, bonds, or other evidences of mdebtedness or 
 obligation, or any security therefor m which such enemy 
 or ally of enemy had any right or interest that may have 
 come into the possession of the Alien Property Custodian, 
 with like effect as if he or they, respectively, were 
 duly appointed bv the enemy or ally of enemy, creditor, or 
 obligee. The President shall issue to every person so 
 appointed a certificate of the appomtment and authonty 
 of such person, and such certificate shall be received m 
 evidence in all courts within the United States. When- 
 ever any such certificate of authority shall be offered to any 
 registrar, clerk, or other recording officer. Federal or other- 
 wise, withm the United States, such officer shall record the 
 same in like manner as a power of attorney, and such record 
 or a duly certified copy thereof shall be received m evidence 
 in all courts of the United States or other courts withm the 
 United States. 
 
 Sec 8 (a) That any person not an enemy or ally of Enforcement 
 enemy holding a lawful mortgage, pledge, or hen, or other of Liens 
 right in the nature of security in property of an enemy or 
 ally of enemy which, by law or by the terms of the mstru- 
 ment creating such mortgage, pledge, or hen, or right, may 
 be disposed of on notice or presentation or demand, and 
 any person not an enemy or ally of enemy who is a party 
 to any lawful contract with an enemy or ally of enemy, 
 the terms of which provide for a termmation thereof upon 
 notice or for acceleration of maturity on presentation or 
 demand, may contmue to hold said property, and, aft^ 
 default, may dispose of the property m accordance with 
 law or may terminate or mature such contract by notice 
 or presentation or demand served or made on the Ahen 
 Property Custodian m accordance with the law and the 
 terms of such mstrument or contract and under such rules 
 and regulations as the President shall prescribe; and such 
 notice and such presentation and demand shall have, 
 in all respects, the same force and effect as if duly served 
 or made upon the enemy or ally of enemy personaUy: 
 
 [59] 
 
 
 y 
 
Abrogation 
 of Enemy 
 Contracts 
 
 Provided, That no such rule or regulation shall require 
 that notice or presentation or demand shall be served or 
 made m any case m which, by law or by the terms of said 
 instrument or contract, no notice, presentation, or demand 
 was, pnor to the passage of this Act, required; and that 
 m case where, by law or by the terms of such instrument 
 or contract, notice is required, no longer period of notice 
 shall be requu-ed : Promded further, That if, on any such 
 disposition of property, a surplus shall remam after the 
 satisfaction of the mortgage, pledge, lien, or other right 
 m the nature of security, notice of that factshall be given 
 to the President pursuant to such rules and regulations as 
 he may prescribe, and such surplus shall be held subject 
 to his further order. 
 
 (b) That any contract entered into prior to the begin- 
 mng of the war between any citizen of the United States 
 or any corporation organized within the United States, and 
 an enemy or aUy of an enemy, the terms of which provide 
 for the dehvery durmg or after any war in which a present 
 enemy or aUy of enemy nation has been or is now engaged 
 ?T .^^? o*^^ produced, mined, or manufactured in the 
 United btates, may be abrogated by such citizen or cor- 
 poration by serving thuly days' notice in writing upon the 
 Alien Property Custodian of his or its election to abrogate 
 such contract. 
 
 Suspension (c) The running of any statute of limitations shall be 
 
 of J5tatute of suspended with reference to the rights or remedies on anv 
 Limitauons contract or obligation entered into prior to the beginning 
 I of the war between parties neither of whom is an enemy or 
 
 ?rl.,9^ enemy, and containing any promise to pay or 
 
 liabihty for payment which is evidenced by drafts or other 
 
 commercial paper drawn against or secured by funds or 
 
 I other property situated in an enemy or ally of enemy 
 
 country, and no suit shall be maintained on any such 
 
 contract or obligation in any court within the United 
 
 t states until after the end of the war, or until the said 
 
 funds or property shall be released for the payment or 
 satisfaction of such contract or obligation: Provided 
 however, That nothing herein contained shall be con- 
 strued to prevent the suspension of the running of the 
 statute of limitations in all other cases where such suspen- 
 sion would occur under existing law. 
 
 [60] 
 
 > 
 
 < 
 
 Sec 9. That any person, not an enemy, or ally of enemy, 
 claiming any interest, right, or title in any inoney or 
 other property which may have been conveyed, trans- 
 ferred, assigned, delivered, or paid to the Alien Property 
 Custodian hereunder, and held by him or by the Treasurer 
 of the United States, or to whom any debt may be owmg 
 from an enemy, or ally of enemy, whose property or any 
 nart thereof shall have been Conveyed, transferred, as- 
 signed, deUvered, or paid to the AUen Pr^erty Custodian 
 hereunder, and held by him or by the Treasurer of the 
 United States, may file with the said Custodian a notice 
 of his claim under oath and in such form and containing 
 such particulars as the said Custodian shall require; and 
 the President, if appUcation is made therefor by the claim- 
 ant may, with the assent of the owner of said property 
 and of all persons claiming any right, title, or interest 
 therein, order the payment, conveyance, transfer, assip- 
 ment or delivery to said claimant of the money or other 
 property so held by the AHen Property Custodian or by the 
 Treasurer of the United States or of the interest therein 
 to which the President shall determine said claimant 
 is entitled: Provided, That no such order by the President 
 shall bar any person from the prosecution of any suit 
 at law or in equity agamst the claimant to establish 
 anv right, title or interest which he may have in such 
 money or other property. If the President shal not so 
 order within sixty days after the filing of such application, 
 or if the claimant shall have filed the notice as above 
 required and shall have made no application to the 1 res- 
 ident, said claimant may, at any time before the expira- 
 tion of six months after the end of the war, institute a suit 
 in equity in the district court of the United States for the 
 district in -which such claimant resides, or, if a corpora- 
 tion, where it has its principal place of business (to which 
 suit the Alien Property Custodian or the Treasurer of the 
 United States, as the case may be, shall be made a party 
 defendant), to establish the interest, right, title, or debt 
 so claimed, and if suit shall be so instituted then the money 
 or other property of the enemy, or ally of enemy, against 
 whom such interest, right, or title is asserted, or debt 
 claimed, shall be retained in the custody of the Alien 
 Property Custodian, or in the Treasury of the United states, 
 as provided in this Act, and until any final judgment or 
 decree which shall be entered in favor of the claimant 
 
 [61] 
 
 Claims 
 against 
 I^perty De- 
 posited with 
 Custodian 
 
 Right to Sue 
 not Barred 
 
 / 
 
 * 
 
Property not 
 Subject to 
 Lien while 
 with 
 Castodian 
 
 Enemy may 
 Apply for 
 Letters 
 Patents 
 
 U. S. Citizen 
 may Apply 
 in Enemy 
 Country 
 
 shall be fully satisfied by payment or conveyance, trans- 
 fer, assignment, or delivery by the defendant or by the 
 Ahen Property Custodian or Treasurer of the United States 
 on order of the court, or until final judgment or decree 
 shall be entered against the claimant, or suit otherwise 
 terminated. 
 
 Except as herein provided, the money or other prop- 
 erty conveyed, transferred, assigned, delivered, or paid to 
 the Alien Propertv Custodian shall not be liable to lien, at- 
 tachment, garnishment, trustee process, or execution, or 
 subject to any order or decree of any court. 
 
 This section shall not apply, however, to money paid 
 to the Ahen Property Custodian under section ten hereof. 
 
 Sec. 10. That nothing contained in this Act shall be 
 held to make unlawful any of the following acts: 
 
 (a) An enemy, or ally of enemy, may file and prose- 
 cute in the United States an application for letters patent, 
 or for registration of trademark, print, label, or copy- 
 right, and may pay any fees therefor in accordance with 
 and as required by the provisions of existing law and fees 
 for attorneys or agents for fihng and prosecuting such 
 applications. Any such enemy, or allv of enemy, who is 
 unable durmg war, or within six months thereafter, on 
 account of conditions arising out of war, to file any such 
 apphcation, or to pay any oflficial fee, or to take any ac- 
 tion required by law within the period prescribed bv law, 
 may be granted an extension of nine months beyond the 
 expiration of said period, provided the nation of which the 
 said apphcant is a citizen, subject, or corporation shall 
 extend substantially similar privileges to citizens and 
 corporations of the United States. 
 
 (b) Any citizen of the United States, or any corpora- 
 tion organized within the United States, may, when duly 
 authorized by the President, pay to an enemy or ally of 
 enemy any tax, annuity, or fee which may be requu-ed by 
 the laws of such enemy or ally of enemy nation in relation 
 to patents and trademarks, prints, labels, and copyrights; 
 and any such citizen or corporation may file and prosecute 
 an apphcation for letters patent or for registration of trade- 
 mark, print, label, or copyright in the country of an enemy, 
 or of an ally of enemy after first submitting such applica- 
 tion to the President and recei\'ing license so to file and 
 prosecute, and to pay the fees required by law and cus- 
 
 [62] 
 
 > 
 
 tomary agents' fees, the maximum amount of which m 
 
 each case shall be subject to the control of the President. _ 
 
 (c) Any citizen of the United States or any corporation U. 5. Citizen 
 organized within the United States desiring to manufac- May Obuin 
 ture or cause to be manufactured, a machine, manufac- Lacense to 
 ture, composition of matter, or design, or to carry on, or Use Enemy 
 cause to be carried on, a process under any patent or to use Patent ^ 
 any trademark, print,, label or copyrighted matter owned 
 or controlled by an enemy or ally of enemy at any time 
 durmg the existence of a state of war may apply to the 
 President for a license ; and the President is hereby author- 
 ized to grant such a license, nonexclusive or exclusive as 
 he shall deem best, provided he shall be of the opmion that 
 such grant is for the public welfare, and that the applicant 
 is able and intends in good faith to manufacture, or cause 
 ( to be manufactured, the machine, manufacture, composi- 
 tion of matter, or design, or to carry on, or cause to be 
 carried on, the process or to use the trademark, print, 
 label or copyrighted matter. The President may prescribe 
 the conditions of this Hcense, mcluding the fixmg of prices 
 of articles and products necessary to the health of the 
 military and naval forces of the United States or the 
 successful prosecution of the war, and the rules and regu- 
 lations under which such Ucense may be granted and the 
 fee which shall be charged therefor, not exceeding $100, and 
 not exceeding one per centum of the fund deposited as 
 hereinafter provided. Such Ucense shall be a complete 
 defense to any suit at law or in equity mstituted by the 
 enemy or ally of enemy owners of the letters patent, trade- 
 mark, print, label or copyright, or otherwise, against the 
 licensee for mfringement or for damages, royalty, or other 
 money award on account of anythmg done by the licensee 
 under such license, except as provided m subsection (t) 
 ^ hereof. 
 
 (d) The Ucensee shall file with the President a full 
 statement of the extent of the use and enjoyment ot the 
 license, and of the prices received in such form and at 
 such stated periods (at least annually) as the President 
 may prescribe; and the licensee shall pay at such times as 
 may be required to the Alien Property Custodian not to 
 exceed five per centum of the gross sums received by the 
 Ucensee from the sale of said inventions or use ot the 
 trademark, print, label or copyrighted matter, or, it 
 the President shaU so order, five per centum of the value 
 
 [63] 
 
 Statement of 
 Use and En- 
 joyment of 
 Patent 
 
 Compensa- 
 tion for Use 
 
Term of 
 License 
 
 Enemy 
 Owner 
 May Sue for 
 Accounting 
 
 All Defences 
 Available 
 
 of the use of such inventions, trademarks, prints, labels 
 or copyrighted matter to the hcensee as established by the 
 president; and sums so paid shaU be deposited by said 
 Alien Property Custodian forthwith in the Treasury of 
 the United States as a trust fund for the said licensee and 
 for the owner of the said patent, trademark, print, label 
 or copyright registration as hereinafter provided, to 
 be paid from the Treasury upon order of the court, as pro- 
 vided in subdivision (f) of this section, or tpon the direc- 
 tion of the Ahen Property Custodian. 
 
 (e) Unless surrendered or terminated as provided in 
 this Act, any hcense granted hereunder shall continue dur- 
 ing the term fixed in the hcense or in the absence of any 
 such hmitation during the term of the patent, trademark 
 print, label, or copyright registration under which it is 
 granted. Upon violation by the licensee of any of the pro- 
 visions of this Act, or of the conditions of the hcense, the 
 President may after due notice and hearing, cancel anv 
 license granted by him. "^ 
 
 (f) The owner of any patent, trademark, print, label, 
 or copyright under which a license is granted hereunder 
 may, after the end of the war aod UDtil the expiration of 
 one year thereafter, file a bill in equity against the hcensee 
 in the district court of the United States for the district 
 in which the said licensee resides, or, if a corporation, in 
 which It has its principal place of business (to which suit 
 the Treasurer of the United States shall be made a party) 
 for recovery from the said hcensee for all use and enjoy- 
 ment of the said patented invention, trademark, print 
 label, or copyrighted matter: Provided, however, That 
 whenever smt IS brought, as above, notice shaU be filed 
 with the Alien Property Custodian within thirty days after 
 date of entry of suit: Provided further, That the licensee 
 may make any and all defenses which would be available 
 were no license granted. The court on due proceedings 
 had may adjudge and decree to the said owner payment 
 of a reasonable royalty. The amount of said judgment 
 and decree, when final, shaU be paid on order of the court 
 to the owner of the patent from the fund deposited by the 
 licensee, so far as such deposit will satisfy said judgment 
 and decree; and the said payment shall be in full or par- 
 tial satisfaction of said judgment and decree, as the facts 
 mar appear; and if, after payment of all such judgments 
 and decrees, there shall remain any balance of said deposit, 
 
 [64] 
 
 ) 
 
 \ 
 
 such balance shall be repaid to the licensee on order of the 
 AUen Property Custodian. If no suit is brought within 
 one year after the end of the war, or no notice is filed as 
 above required, then the licensee shall not be liable to make 
 any further deposits, and all funds deposited bj*" him shall 
 be repaid to him on order of the Alien Property Custodian. 
 Upon entry of suit and notice filed as above required, or 
 upon repayment of funds as above provided, the liability 
 of the licensee to make further reports to the President 
 shall cease. 
 
 If suit is brought as above provided, the court may, at 
 any time, terminate the license, and may, in such event, 
 issue an injunction to restrain the licensee from infringe- 
 ment thereafter, or the court, in case the licensee, prior 
 to suit, shall have made investment of capital based on 
 possession of the license, may continue the license for such 
 period and upon such terms and with such royalties as it 
 shall find to be just and reasonable. 
 
 (g) Any enemy, or ally of enemy, may institute and 
 prosecute suits in equity against any person other than a 
 Hcensee under this Act to enjoin infringement of letters 
 patent, trademark, print, label, and copyrights in the 
 United States owned or controlled by said enemy or ally 
 of enemy, in the same manner and to the extent that he 
 would be entitled so to do if the United States was not at 
 war: Provided, That no final judgment or decree shall be 
 entered in favor of such enemy or ally of enemy by any 
 court except after thirty days' notice to the Alien Property 
 Custodian, such notice shall be in writing and shall be 
 served in the same manner as civil process of Federal courts. 
 
 (h) All powers of attorney heretofore or hereafter 
 granted by an enemy or ally of enemy to any person 
 within the -United States, in so far as they may be 
 requisite to the performance of acts authorized in sub- 
 sections (a) and (g) of this section, shall be valid. 
 
 (i) Whenever the pubhcation of an invention by the 
 granting of a patent may, in the opinion of the President, be 
 detrimental to the public safety or defense, or may assist 
 the enemy or endanger the successful prosecution of the 
 war, he may order that the invention be kept secret and 
 withhold the grant of a patent until the end of the war: 
 Provided, That the invention disclosed in the application 
 for said patent may be held abandoned upon it being estab- 
 hshed before or by the Commissioner of Patents that, in 
 
 [65] 
 
 Return of 
 Deposit to 
 Licensee if 
 no Suit is 
 Instituted 
 
 Practice on 
 Hearing 
 
 Enemy May 
 Enjoin In- 
 fringement 
 of Patent 
 
 Powers of 
 
 Attorney 
 
 Valid 
 
 Patents on 
 Inventions of 
 Detrimental 
 Consequence 
 May be 
 Withheld 
 
 I 
 
 > 
 
 I 
 
! 
 
 Suit for 
 Compensa- 
 tion in Court 
 of Claims 
 
 May 
 
 Prohibit 
 
 Imports 
 
 Investment 
 of Funds in 
 Government 
 Bonds 
 
 Banks May 
 Act as 
 Depositaries 
 for Custo- 
 dian; also 
 Secretary of 
 Treasury 
 
 violation of said order, said invention has been published 
 or that an application for a patent therefor has been filed 
 in any other country, by the inventor or his assigns or 
 legal representatives, without the consent or approval 
 of the commissioner or under a license of the President. 
 When an applicant whose patent is withheld as herein 
 provided and who faithfully obeys the order of the 
 President above referred to shall tender his invention 
 to the Government of the United States for its use, 
 he shall, if he ultimately receives a patent, have the right 
 to sue for compensation in the Court of Claims, such right 
 to compensation to begin from the date of the use of the 
 invention by the Government. 
 
 Sec. 11. Whenever during the present war the Presi- 
 dent shall find that the pubUc safety so requires and 
 shall make proclamation thereof it shall be unlawful to 
 import into the United States from any country named in 
 such proclamation any article or articles mentioned in 
 such proclamation except as such time or times, and under 
 such regulations or orders, and subject to such hmita- 
 tions and exceptions as the President shall prescribe, 
 until otherwise ordered by the President or by Congress: 
 Provided, however, That no preference shall be given to 
 the ports of one State over those of another. 
 
 Sec. 12. That all moneys (including checks and drafts 
 payable on demand) paid to or received by the Ahen 
 Property Custodian pursuant to this Act shall be deposited 
 forthwith in the Treasury of the United States, and may be 
 invested and reinvested by the Secretary of the Treasury 
 in United States bonds or United States certificates of 
 indebtedness, imder such rules and regulations as the 
 President shall prescribe for such deposit, investment, 
 and sale of securities; and as soon after the end of the war 
 as the President shall deem practicable, such securities 
 shall be sold and the proceeds deposited in the Treasury. 
 
 All other property of an enemy, or ally of enemy, con- 
 veyed, transferred, assigned, dehvered, or paid to the Ahen 
 Property Custodian hereunder shall be safely held and 
 administered by him except as hereinafter provided; and 
 the President is authorized to designate as a depositary, or 
 depositaries, of property of an enemy or ally of enemy, 
 any bank, or banks, or trust company, or trust 
 companies, or other suitable depositary or depositaries, 
 located and doing business in the United States. The 
 
 [66] 
 
 ( 
 
 Alien Property Custodian may deposit with such desig- 
 nated depositary or depositaries, or with the Secreta^ ot 
 the Treasury, any stocks, bonds, notes, time drafts, time 
 bills of exchange, or other securities, or property (except 
 money or checks or drafts payable on demand which are 
 required to be deposited with the Secretary of the Treas- 
 ury) and such depositary or depositanes shall be author- 
 ized and empowered to collect any dividends or mterest 
 or income that may become due and any maturmg obli- 
 gations held for the account of such Custodian. Any 
 moneys collected on said account shaU be paid and de- 
 posited forthwith by said depositary or by the Ahen 
 Property Custodian into the Treasury of the Umted States 
 as hereinbefore provided. 
 
 The President shall require all such designated depos- 
 itaries to execute and file bonds sufficient m his judgment 
 to protect property on deposit, such bonds to be condi- 
 tioned as he may direct. 
 
 The Alien Property Custodian shall he vested with all of 
 the powers of a common-law trustee in respect of all property, 
 other than money, which has been or shall he, or which hxis 
 been or shall he required to he, conveyed, transferred, assigned, 
 delivered, or paid over to him in pursuance of the provisions 
 of this Act, and, in addition thereto, acting under the super- 
 vision and direction of the President, and under such rules 
 and regulations as the President shall prescnhe, shall have 
 power to manage such property and do any act or things m 
 respect thereof or make any disposition thereof or of any 
 part thereof, hy sale or otherwise, and exercise any rights 
 or powers which may he or become appurtenant thereto or 
 to the ownership thereof in like manner as though he were 
 the absolute owner thereof: PROVIDED, Thut any prop- 
 erty sold under this Act, except when sold to the United 
 States, shall he sold only to American citizens, at public sate 
 to the highest bidder, after public advertisement of time and 
 place of sale which shall be where the property or a major 
 portion thereof is situated, unless the President stating the 
 reasons therefor, in the public interest shall otherwise deter- 
 mine: PROVIDED FURTHER, That when sold at public 
 sale, the Alien Property Custodian upon the order of ttw 
 President stating the reasons therefor, shall have the right 
 to reject all Uds and resell such property at public sale or 
 otherwise as the President may direct Any person purchas- 
 ing property from the Alien Property Custodian for an un- 
 
 [67] 
 
 Bonds 
 
 Necessary 
 
 Powers of 
 Alien 
 Property 
 Custodian 
 
 I 
 
 / 
 
r 
 
 Delivery to 
 United States 
 Treasurer 
 
 Distribution 
 of Alien 
 Property- 
 Held by 
 Custodian 
 
 T^^ir'^T^h '^/<»-/«-s«fe to a person not a citizen 
 t the UnUed States, or for the benefit of a person not a 
 
 fr!rJJ^. ^""^ 5tate^ «Aa« be guilty if a misZi^l^, 
 th^n xfZ^"^^^' -^ ^,^ybjecl t^ a fine of not more 
 T'hZi ' ^' ^ ^"»P™««'^< Sor not more than ten years, 
 %J^l' ?/ I. ^J'?^^ ^^^ ^ forfeited to the United 
 „w J- ^'^^ Hr^^ ^"i^ ''f ^^ corporation incorpora- 
 aied mthm the United States and ev^y urvincorpoM 
 
 United btaies issuing shares or certificates representing bene- 
 
 f/^i^*" ^^' '"*" *^ '^r oftheAlienPropertyCMian 
 ^IZfTT^' "'^'^Van^hy the presentation of the certifi- 
 cotes which represent swh shares or beneficial interests. The 
 
 ^ryofthe United States, as hereinbefore protnded, the pro- 
 ceeds of any such property or rights so sold by him * 
 
 Any money or property required or authorized bv the 
 proviaions of this Act to be paid, conveyed, transferred 
 
 tf3 r;.^f Jl'^'^T'^.^ *?-«^% Property CiistodLnsS; 
 If said Custodian shaU so direct by written order, be paid 
 
 Z7T?h *?M'!Jl' f ^'S^.^^' °'- delivered to he fil 
 ML'^'pZnTcJmSn^''' the same effect as if to the 
 
 nf^^^l^® J"^ °^ ^^^ ^^'' ^°y claim of any enemy or 
 ot an aUy of enemy to any money or other Dronertv 
 received and he d by the Ahen Property Custodian o?E 
 
 F-nn^ctif ^^l^J^^f ^^^^ Treasury, shall be settled L 
 Conpe^ shaU du-ect: Promded, however, That on order 
 of the Pr^ident as set forth in section nine hereof, or 
 of the court, as set forth in sections nine and ten hereof, the 
 Ahen Property Custodian or the Treasurer of the United 
 btates, as the case may be, shall forthwith convey, trans- 
 
 Ifpif?^^'/""^ P*^ *° ^^^ Pl"^"" *o ^liom the PrWident 
 shall so order or m whose behalf the court shaU enter 
 
 nf li"^'l!^?i u"" ^^'^'T^' ^°y property of an enemy or aUy 
 of enemy held by said custodian or by said Treasurer, so 
 
 PWl^F ^ ^^^^^^. to comply with said order of the 
 Pr^ident or said final judgment or decree of the court- 
 And provided furtfwr That the Treasurer of the UnS 
 
 Sr«!^^' ^° °^'^®!°^ the Alien Property Custodian shaU, as 
 ?u?.l^^f m.f ction ten hereof, repay to the licensee any 
 funds dep osited by said Hcensee. «« auy 
 
 •Amendment by Act of March 28, 19Z8. 
 
 [68] 
 
 > 
 
 V 
 
 Sec. 13. That, during the present war, in addition to 
 the facts required by sections forty-one hundred and 
 ninety-seven, forty-one hundred and mnety-eight, and 
 FoSwo hundred of the Revised Statutes, as amended 
 by tie Act of June fifteenth, nineteen hundred and seven- 
 teen, to be set out in the master's and flipper's mwirfests 
 before clearance will be issued to vesse s bound to foreign 
 ports, the master or person m charge of any vessel, before 
 aeparture of such vessel from port, shall debver to the 
 collector of customs of the district wherem such vessel is 
 located a statement duly verified by path that the c^go 
 is not shipped or to be delivered in violation of this Act, 
 and the owners, shippers, or consignors of the cargo of 
 such vessels shall in like manner deliver to the collector 
 like statement under oath as to the cargo or the parts 
 thereof laden or shipped by them, respectively, which 
 statement shall contain also the names and addresses of 
 the actual consignees of the cargo, or if the shipment is 
 made to a bank or other broker, factor, or agent, the names 
 and addresses of the persons who are the actual consignees 
 on whose account the shipment is made. The master or 
 person in control of the vessel shall, on reachmg port of 
 destination of any of the cai^o, deliver a copy of the 
 Sest and of the said master's, . owner's, shippers 
 or consignor's statement to the American consular officer 
 of the district m which the cargo is unladen. 
 
 Sec. 14. That, during the present war, whenever there 
 is reasonable cause to believe that the manifest or the addi- 
 tional statements under oath required by the preceduig 
 section are false or that any vessel, domestic or forei^, is 
 about to carry out of the United States any property to or 
 for the account or benefit of an enemy, or ally of enemy, 
 or anv property or person whose export, takmg out, or 
 LSort ^1 be in Eolation pf this Act, the collector of 
 customs for the district in which such vessel is located is 
 hereby authorized and empowered subject to review by 
 the President to refuse clearance to any such vessel, 
 domestic or foreign, for which clearance is reqmred by 
 law, and by formal notice served upon the owners, master, 
 or person or persons in command or charge of any domestic 
 vessel for which clearance is not required by law, to forbid 
 the departure of such vessel from the port, and it shall 
 thereupon be unlawful for such vessel to depart. Ihe 
 collector of customs shall, durmg the present war, in each 
 
 [69] 
 
 ShipMasten 
 Certificates 
 as to Cargo 
 and Con- 
 signee 
 
 I 
 
 4 
 
 Collector 
 May Refuse 
 Qearance 
 for False 
 Representa- 
 tion 
 
Appropria- 
 tion 
 $450,000 
 
 Penalty for 
 Violation 
 
 United States 
 
 District 
 
 Courts 
 
 case report to the President the amount of gold or silver 
 
 taWd' in""""" °' °*'^"? '^^^^y^ «^ tt»e UiSted States con- 
 tained in any cargo intended for export. Such reoort 
 shall include the names and addresses of the conSoS 
 and consignees, together with any facts Sown to X 
 
 tCj1^iM^t''^^-T\'^T^ ^'^'P'^^^t and pl^iculily 
 those which may mdicate that such gold or silver coiTor 
 
 bulhoD or moneys of the United States may blfntrded 
 for delivery or may be delivered, directly or indSv 
 to an enemy or an ally of enemy. "luirecuy, 
 
 «t£f^" ^f ■ P^* ^^^ ^"™ o^ $450,000 is hereby approDri- 
 
 states not otherwise appropriated, to be used in the 
 discretion of the President fo? the pirp^se of Syig oSt 
 
 JuneThJ^ir °^'^^ ^'t during thT fiscal y^n^diag 
 June thirtieth, mneteen hundred and eighteen and for 
 
 ic7Shert?h^r "' ^" P«^«"« empK'lin^Sthi: 
 tion «nhi;=/ * *^^. necessary expenses for transporta- 
 CofumS &^' ■"T*^'."^ ^"^'■t^^ ^ tte District of 
 Krr.^-. ' ^^ ?^ reference, periodicals, stationery 
 typewriters and exchanges thereof, miscellanwussupS 
 
 HiT l^ ^ **°°" ^* ^^^ Government ftinUnrOffid' 
 and all other necessary expenses not included in the fort 
 
 Sec. 16. That whoever shall willfully violate anv of thp 
 provisions of this Act or of any licensef niK reeuktion 
 issued thereunder, and whoever shall w?UfuU?^vSate 
 neglect, or refuse to comply with any order of the Prest 
 dent issued in compliance with the provisions of this Act 
 shall upon conviction, be fined not more th^ $10 m 
 
 years, or both, and the oflScer. director, or agent of anv 
 
 ^foTC^rK.'^^^ ^''T^^y participate in S viok^ 
 tion shaU be punished by a like fi^e, imprisonment or 
 both and any property, funds, securities, pape^^r other 
 articles or documents, or any vessel, togetW \dth her 
 tackle, apparel furniture, and equipment, conc^ed^ 
 such violation shall be forfeited to the United StX 
 
 aEC. 17. Ihat the district courts of the United States 
 are hereby given jurisdiction to make and enter all such 
 ndes as to notice and otherwise, and all such oSers and dS 
 
 SrTn ft'^"' '"'^ f'^^'T ^' ™^y be necessary and 
 proper in the premises to enforce the provisions of thk 
 Act, with a right of appeal from the finTl order or decree 
 
 [70] 
 
 s 
 
 yf 
 
 of such court as provided in sections one hundred and 
 twenty-eight and two hundred and thirty-eight of the Act 
 of March third, nineteen hundred and eleven, entitled 
 * *An Act to codify, revise, and amend the laws relating 
 to the judiciary." 
 
 Sec. 18. That the several courts of first instance in 
 the Philippine Islands and the district court of the Canal 
 Zone shall have jurisdiction of offenses under this Act 
 committed within their respective districts, and concur- 
 rent jurisdiction with the district courts of the United 
 States of offenses under this Act committed upon the high 
 seas and of conspiracies to commit such offerees as de- 
 fined by section thirty-seven of the Act entitled An Act 
 to codify, revise, and amend the penal laws of the Umted 
 States," approved March fourth, nineteen hundred and 
 rine, and the provisions of such section for the purpose 
 of this Act are hereby extended to the Philippme Islands 
 and to the Canal Zone. 
 
 Sec. 19. That ten days after the approval of this Act and 
 until the end of the war, it shall be unlawful for any 
 person, firm, corporation, or association, to print, 
 publish, or circulate, or cause to be printed, published, or 
 cu-culated in any foreign language, any news item, edi- 
 torial or other prmted matter, respectmg the Government ol 
 the United States, or of any nation engaged m the present 
 war, its poUcies, international relations, the state or con- 
 duct of the war, or any matter relatmg thereto: Provided, 
 That this section shall not apply to any print, newspaper 
 or publication where the publisher or distributor thereof, 
 OD or before offermg the same for mailing, or in any man- 
 ner distributmg it to the pubUc, has filed with the po^- 
 master at the place of publication, m the form of an ath- 
 davit, a true and complete translation of the entire article 
 containing such matter proposed to be published m such 
 print, newspaper, or publication, and has caused to be 
 printed, in plam type in the English language, at the head 
 of each such item, editorial, or other matter, on each copy 
 of such print, newspaper, or publication, the words 1 rue 
 translation filed with the postmaster at on 
 
 (naming the postomce where 
 
 the translation was filed, and the date of filing thereof), as 
 required by the Act of (iiere givmg the 
 
 date of this Act)." 
 
 [71] 
 
 Philippines 
 
 and 
 
 Canal Zone 
 
 Publications 
 in Foreign 
 Language 
 
 ^% 
 
Penalty 
 
 ^ut^Ith^l newspaper, or publication in any foreign Ian- 
 b a W^^ f™*' °«^Paper, or publication, printed ' 
 
 the prmt Bswrnaper, or publicaUoS.jSnted the ~mK 
 
 i^K,.f.j'^'^ language, the words, "Published and dk 
 tnbuted under permit authorized by the Act of 
 
 postoffice of ^ ''' ^^« ^**" °^ *^^^ ^<^9'.^? file at the 
 office)." (giving name of 
 
 Any person who shall make an affidavit containing »nv 
 
 revise and amend the SlTaW th^Vnld's?^^'^ 
 
 thereof, be pulushed by a fine of not ^^^^^^ 
 
 by imprisonment of not more than one year or m 
 
 discretion of the court, may be both fined S imKned 
 
 [72] 
 
 Index 
 
 Ally of Enemy 
 Defined. 11 
 
 Doing Business Here, 14 
 License, 15 
 Suspension of Act and, 16 
 
 Alien Property O . jtodian 
 Appointment, 21 
 Method of Procedure. 21 
 Sales of property by, 23 
 Powers, 21 
 
 Pre-War Contracts and, 27 
 { Rights, 22 
 
 Banks 
 
 Defined. 13 
 
 Deposits by Custodian, 22 
 
 Beginning op War 
 See Definitions, 12 
 
 Bullion 
 
 Exports of, 15, 31 
 
 Change op Name 
 Enemy Prohibited, 14 
 
 Claims 
 
 Settlement of, 30 
 
 Coin 
 
 Exports of Gold, 15, 32 
 
 Collectors op Customs 
 Authority Under Act, 31 
 - Clearances, 32 
 
 ^ Coin Exports, 15. 32 
 
 Citizens op United States 
 Rights to Enemy Patents, etc. 
 33 
 
 Contracts Prior to War 
 See Alien Property Custo- 
 dian, 27 
 
 Copyrights 
 
 See Letters Patent. 32, 33. 
 34, 35, 36, 37 
 
 Corporations 
 
 Must Furnish List of Alien 
 Directors. Officers or Stock- 
 holders to Custodian, with 
 Holdings, 24 
 
 Definitions 
 
 Ally of Enemy. 11 
 Bank. 13 
 
 Beginning of War, 12 
 End of War. 12 
 Enemy. 11 
 Person. 12 
 To Trade, 12 
 United States. 12 
 
 Doing Business Here 
 Enemy or Ally of Enemy. 14. 
 16 
 Directors, Enemy or Ally 
 OF Enemy 
 Listed With Custodian. 24 
 
 End op War 
 
 See Definitions, 12 
 
 Enemy 
 
 Contracts, 18 
 
 Defined, 11 
 
 Doing Business Here, 14. 16 
 
 Enforcement of Contracts, 
 
 26, 27, 28 
 License, 15 
 
 Not to Export Funds, 18 
 Property of, 21 
 Right to Sue or Defend. 29 
 
 Foreign Language 
 War Comment in, 37 
 
 Gold Coin or Bullion 
 Exports of. 15. 32 
 
 Government Bonds 
 AUen Property and, 21 
 
 [73] 
 
¥ 
 
 h 
 
 11CPOBT0 
 
 May be Prohibited, 38 
 
 Inburance Companies (Enemy) 
 Licenses. 16, 17, 18 
 Policyholders' Payments, 18, 
 
 19 
 Reinsurance, 16, 17 
 See Marine, 18 
 See War-Risk. 18 
 
 Inventions 
 If Injurious May be Withheld, 
 35 
 
 Letters Patent (Tsademabkb 
 
 and coptbights) 
 Applications for. 32 
 License May be Obtained, 33 
 Power of Attorney, 35 
 Remedies of Enemy Owner, 
 
 36 
 Sought Here by Enemy or 
 
 Ally. 32 
 Sought in Enemy Country 
 
 by U. S. Citizen. 33 
 Use of Enemy Patent. 33 
 
 License 
 Authority to Grant, 16 
 General, 15 
 
 In Letters Patents, etc., 16 
 In Pre-War Payments, 20 
 Insurance Companies, 18 
 Renewal of, 15 
 Restricted. 18 
 Revocation of, 15 
 Special, 15 
 Temporary, 15 
 To Change Name, 14 
 To Trade With Enemy. 15 
 To Transmit Communica- 
 tions, 14 
 To Transport Enemy, 13 
 
 Marine Insurance 
 Not to Be Licensed, 18 
 
 Mortgage 
 26 
 
 Notice 
 
 Contracts, 27 
 
 From President as to Enemy, 
 
 29 
 Required in Coin Exports. 32 
 Required in Licenses, 19 
 To Custodian. 27 
 
 Officers, Enemy or Allt of 
 Enemy (Corp.) 
 Listed With Custodian, 24 
 
 Person 
 See Definitions. 12 
 
 Powers of Attorney 
 35 
 
 Proclamation 
 President May Issue. 37 
 
 Prohibitions 
 Change of Name. 14 
 Communication With Enemy. 
 
 14 
 Doing Business in U. S., 14 
 Publication. War Comments. 
 
 37 
 Trading With Enemy, 13 
 Transportation of Enemy. 13 
 
 Property 
 
 Disclosure of, 25 
 Enforcement of Rights. 26, 
 
 27. 28, 29, 30. 31 
 Sales of. 23 
 Transfer to Custodian, 21 
 
 Reinsurance Companies 
 See Insurance Companies. 18 
 
 Statute of Limitation 
 Suspended. 30 
 
 Stock 
 Enemy Holdings of. 24 
 Listed With President. 24, 25 
 
 Stockholders, Enemy or Ally 
 OF Enemy 
 listed With Custodian. 24 
 
 Suspension of Act 
 Ally of Enemy. 37 
 
 To Tbade 
 
 See Definitions. 12 
 
 Trademarks 
 See Letters Patent, 32 
 
 United States 
 See Definitions, 12 
 
 ) 
 
 i 
 
 United States District Coubt 
 Jurisdiction. 39 
 
 Violations of Act 
 
 Penalties, 39 
 Void Transactions 
 
 Effect of Act on, 19 
 
 War Comment 
 
 Prohibited in Foreign Lan- 
 guage. 37 
 War-Risk Insurance 
 
 Not to Be Licensed. 18 
 
 Penalties. 39 
 
 [74] 
 
 175] 
 
Guaranty Trust Company of New York 
 Functions and Facilities 
 
 yj 
 
Guaranty Trust Company 
 of New York 
 
 Invites accounts of banks and bankers, 
 firms, corporations, and individuals 
 
 General 
 Banking 
 Department 
 
 Department of 
 Banks and 
 Bankers 
 
 foreign 
 Department 
 
 Bond 
 Department 
 
 Trust 
 Department 
 
 Functions and Facilities 
 
 Transacts the banking business of the 
 company; extends credit; pays interest on 
 daily balances, and on certificates of deposit. 
 
 Centralizes the Company's various facilities 
 for the advancement of its correspondents' 
 interests, and promotes the efficient hand- 
 ling of their business. 
 
 Undertakes all kinds of foreign banking 
 transactions. Has direct relations with 
 leading banks in all parts of the world. 
 Accepts drafts for the purpose of financing 
 shipments to or from the United States! 
 Issues letters of credit and travelers' checks. 
 Deals in acceptances. 
 
 Investigates, examines, and underwrites 
 bond issues; gives information to customers 
 regarding their investments; buys and seUs 
 securities. 
 
 Acts as trustee under corporate mortgages. 
 Acts as executor, administrator, administra- 
 tor with the will annexed, testamentary 
 trustee, guardian of estates of infants, com- 
 mittee of property of incompetents, trustee 
 under voluntary trusts. 
 
 [78] 
 
 Transfer, 
 Registration 
 and Coupon 
 Departmente 
 
 \ m L Publicity 
 f ■ r Department 
 
 4 
 
 \. 
 
 Acts as depositary and agent of voting tms- 
 
 t«s; holds securities or cash under escrow 
 
 agreements. 
 
 Acts as custodian of securities and financial 
 agent for individuals and corporations. 
 Acts as depositary for corporations organi- 
 zing, reorganizing, or estabhshed. 
 Act as transfer, fiscal, and disbursing agent; 
 registrar, and co-registrar. 
 
 Prenares for the benefit of customers and 
 S digests of State and Federal kws 
 relating to taxation, governmental jeqmre- 
 m^S etc.; issues pamphlets pn financial 
 and economic subjects of timely interest and 
 furnishes information on business questions. 
 
 Organized to furnish accurate and up-to- 
 date information in regard to securities and 
 investment conditions. 
 
 Furnishes information in regard to the 
 financial responsibiUty of individuals and 
 business houses throughout the world. 
 
 Through our membership in the Federal 
 Eve System we are enabled to give our 
 Smers the benefit of its credit facilities 
 and rediscount and coUection privileges. 
 
 This company maintains fully equipped 
 offices in London and Pans. It has resi- 
 d^frepresentatives and travelers m many 
 Strips abroad, affording to importers and 
 exporters complete facilities for extending 
 their international trade. 
 
 Full details of the faciUties offered by any or all of the 
 
 departments will be sent on request. 
 
 1 79 1 
 
 Statistical 
 Department 
 
 Credit 
 Department 
 
 Member 
 Federal Reserve 
 System 
 
 Foreign 
 Offices 
 
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 lil 
 
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 Guaranty trust con^jany of New York 
 Trading with the enemy 
 
 COUUMBjA. 
 
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