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50 U.S.C. § 4302 — Definitions

submitted 109 years ago by ch. 106 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 723 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines “enemy,” “ally of enemy,” “person,” “United States,” the beginning and end of war, banks, and trading for this chapter.

“Enemy” means an individual, partnership, group, or corporation meeting the residence, business, or incorporation conditions tied to territory of a nation at war with the United States; the government, subdivision, officer, agent, or agency of such a nation; and any other non-United States citizen who is a national or subject of such a nation if the President proclaims that inclusion is needed for United States safety or successful prosecution of the war. “Ally of enemy” uses the same rules for a nation allied with a nation at war with the United States, including its government, subdivisions, officers, agents, agencies, and persons the President includes by proclamation. “Person” means an individual, partnership, association, company, unincorporated group, corporation, or body politic. “United States” means all continental or insular land and water within United States jurisdiction or occupied by United States military or naval forces. “Beginning of the war” means midnight ending the day Congress declares war or declares a state of war. “End of the war” means the date a peace treaty’s ratifications are proclaimed exchanged, unless the President proclaims an earlier date. “Bank or banks” includes national and State banks, trust companies, and other banking associations operating under United States or State law. “To trade” means paying, satisfying, compromising, or securing a debt; drawing, accepting, paying, presenting, or endorsing a negotiable instrument or chose in action; entering into or performing a contract or obligation; buying, selling, lending, extending credit, dealing with, exchanging, transmitting, transferring, assigning, disposing of, or receiving property; or engaging in business or commercial communication or intercourse.

the actual law source: uscode.house.gov ↗public domain

The word “enemy,” as used herein, shall be deemed to mean, for the purposes of such trading and of this chapter—

(a)

Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.

(b)

The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.

(c)

Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “enemy.”

The words “ally of enemy,” as used herein, shall be deemed to mean—

(a)

Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory.

(b)

The government of any nation which is an ally of a nation with which the United States is at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof.

(c)

Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “ally of enemy.”

The word “person,” as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic.

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

The words “bank or banks,” as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States.

The words “to trade,” as used herein, shall be deemed to mean—

(a)

Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation.

(b)

Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action.

(c)

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

(d)

Buy 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.

Source credit: (Oct. 6, 1917, ch. 106, § 2, 40 Stat. 411.)

history & why it existsrecord from the source credit
  • 1917Enacted · Act of Oct. 6, 1917, ch. 106 · 40 Stat. 411

A history note hasn’t been published yet. The record shows enactment by ch. 106 on 1917-10-06.

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