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22 U.S.C. § 1382Administration of the Trading With the Enemy Act in Philippines

submitted 80 years ago by ch. 536 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 518 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section continued the Trading With the Enemy Act in the Philippines after July 4, 1946, and continued presidential or designated-agency authority under it. It directed the transfer of certain remaining property to the Republic of the Philippines and specified Philippine and United States court jurisdiction.

The Trading With the Enemy Act of October 6, 1917, as amended, continued in force in the Philippines after July 4, 1946. The President, or an officer or agency the President designates, continued to exercise in relation to the Philippines all powers and authority that the Act gave the President or Alien Property Custodian. Property vested in or transferred to the President, Custodian, or designee that was in the Philippines when vested, and its proceeds, had to be transferred by the President to the Republic of the Philippines after claims payable under the Act and legally chargeable administration costs and expenses were satisfied. The President could transfer the property or proceeds earlier if the Republic gave indemnity acceptable to the President for those claims, costs, and expenses before final decision. Philippine courts of first instance had jurisdiction to make necessary rules about notice, orders, decrees, and process to enforce orders, rules, and regulations issued under the Act, subject to any appeal allowed by law. After July 4, 1946, a suit authorized under the Act concerning such property located in the Philippines when vested or transferred had to be brought in the appropriate Philippine court of first instance against the officer or agency designated by the President, subject to any appeal allowed by law. After 90 days from December 21, 1950, suits about that property could be brought only in United States courts.
the actual law source: uscode.house.gov ↗public domain

The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended, shall continue in force in the Philippines after July 4, 1946, and all powers and authority conferred upon the President of the United States or the Alien Property Custodian by the terms of the said Trading With the Enemy Act, as amended, with respect to the Philippines, shall continue thereafter to be exercised by the President of the United States, or such officer or agency as he may designate: Provided, That all property vested in or transferred to the President of the United States, the Alien Property Custodian, or any such officer or agency as the President of the United States may designate under the Trading With the Enemy Act, as amended, which was located in the Philippines at the time of such vesting, or the proceeds thereof, and which shall remain after the satisfaction of any claim payable under the Trading With the Enemy Act, as amended, and after the payment of such costs and expenses of administration as may by law be charged against such property or proceeds, shall be transferred by the President of the United States to the Republic of the Philippines: Provided further, That such property, or proceeds thereof, may be transferred by the President of the United States to the Republic of the Philippines upon indemnification acceptable to the President of the United States by the Republic of the Philippines for such claims, costs, and expenses of administration as may by law be charged against such property or proceeds thereof before final adjudication of such claims, costs, and expenses of administration: Provided further, That the courts of first instance of the Republic of the Philippines are given jurisdiction to make and enter all such rules as to notice or otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce any orders, rules, and regulations issued by the President of the United States, the Alien Property Custodian, or such officer or agency designated by the President of the United States pursuant to the Trading With the Enemy Act, as amended, with such right of appeal therefrom as may be provided by law: And provided further, That any suit authorized under the Trading With the Enemy Act, as amended, with respect to property vested in or transferred to the President of the United States, the Alien Property Custodian, or any officer or agency designated by the President of the United States hereunder, which at the time of such vesting or transfer was located within the Philippines, shall after July 4, 1946, be brought, in the appropriate court of first instance of the Republic of the Philippines, against the officer or agency hereunder designated by the President of the United States with such right of appeal therefrom as may be provided by law, but suits with respect to such property shall after ninety days from December 21, 1950, be brought only in the courts of the United States.

Source credit: (July 3, 1946, ch. 536, § 3, 60 Stat. 418; Dec. 21, 1950, ch. 1144, 64 Stat. 1116.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of July 3, 1946, ch. 536 · 60 Stat. 418
  • 1950Amended · Act of Dec. 21, 1950, ch. 1144 · 64 Stat. 1116

A history note hasn’t been published yet. The record shows enactment by ch. 536 on 1946-07-03.

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