Part 52-Regulations Under Trading With the Enemy Act Sec. 52.0 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 Statutory provisions; Executive order. Reference of doubtful cases to Cus- Revocation of license. Cooperation among Government agencies. Communications for enemy or allies of enemy not to be licensed. 52.10 Definition of "an enemy or ally of an enemy." AUTHORITY: §§ 52.0 to 52.10 issued under sec. 3 (c), 40 Stat. 412; 50 U. S. C. App., 3 (c), and secs. XI, XIII, E. O. 2729-A, Oct. 12, 1917. SOURCE: §§ 52.0 to 52.10 appear at 13 F. R. 8117. § 52.0 Statutory provisions; Executive order. (a) Section 3 (c) of the Trading with the Enemy Act, approved October 6, 1917, provides that it shall be unlawful (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; *: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden, if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President. (b) Section XI, Executive Order No. 2729-A, dated October 12, 1917, is in part as follows: I further hereby vest in the Secretary of the Treasury the executive administration of the provisions of subsection (c) of section 3 of the Trading with the Enemy Act relative to sending, or taking out of, or bringing into, or attempting to send, take out of, or bring into the United States any letter, writing, or tangible form of communication, except in the regular course of the mail. · And said Secretary of the Treasury is hereby authorized and empowered to issue licenses to send, take, or transmit out of the United States anything otherwise forbidden by said subsection (c) and give such consent or grant such exemption in respect thereto as is not inconsistent with law or to withhold or refuse the same. (c) Under section 16 of the Trading with the Enemy Act any person bringing, or attempting to bring, into the United States any letter or other writing or tangible form of communication, except in the regular course of the mail, is subject, upon conviction, to a fine of not more than $10,000, or to imprisonment for not more than 10 years or both, and the letter or other form of communication so brought in, or attempted to be brought in, is subject to seizure and forfeiture. Any person who sends, or takes, or attempts to send, or take from the United States any letter or other writing or tangible form of communication, except in the regular course of the mail, without a license therefor, is subject to a like penalty, and the letter or other form of communication involved is subject to seizure and forfeiture. Pursuant to the authority conferred by sections XI and XIII of Executive Order No. 2729-A, dated October 12, 1917, the following regulations are hereby prescribed for the enforcement of the provisions of the statute and order quoted above: § 52.1 Communications brought into the United States; declaration; search and detention; report to United States attorney. Every person arriving in the United States from any foreign country (except persons in the service of the United States Government or of the Government of any nation other than Japan. Italy, and Germany and allies thereof. including Bulgaria, Rumania, Thailand, and Hungary) shall be required to declare to the customs officers, in addition to the usual customs declaration (if any), any letter or other tangible form of communication, carried on his person or in his baggage, or otherwise brought with him or under his control. Customs officers examining arriving passengers and baggage shall, in addition to the usual customs examination, make a par ticular search to discover any letters or other tangible forms of communication, and shall deliver to the collector of customs for disposition any such letters or other forms of communication so declared, or which may be found on the persons or in the baggage of passengers, or which may have been brought to the United States otherwise than in the regular course of the mails. If it appear that any letter or other tangible form of communication is being brought into the United States with intention to evade or violate the law, or if it appear that the effect of bringing such letter or other form of communication into the United States would be inimical to the interests of our Government, or in the interests of its enemies, the customs officers shall detain any person having such letter or other form of communication in his possession or under his control, and report the facts to the United States attorney for appropriate action. If it appear that any letter or other tangible form of communication is being brought into the United States without intention to evade or violate the law, and that the effect of bringing such letter or other form of communication into the United States would not be inimical to the interests of our Government or in the interests of its enemies, the collector of customs may license the bringing of such letter or other form of communication into the United States, in which case there shall be placed thereon the words "Examined and Passed", with the date, the name of the port, and the initials of the collector or other authorized officer; and such letter or other form of communication may then be released, provided, there are affixed thereto the appropriate United States postage stamps if the transmittal of the letter or other communication outside the mails is of such nature that the laws of the United States require the use of such stamps. Any person to whom a license is refused by a collector of customs may appeal from such decision to the Secretary of the Treasury, through the Commissioner of Customs, stating all the facts relied upon to show that the decision of the collector should be reversed. § 52.2 Communications being taken from the United States; declaration; search; seizure of communication and detention of person; license. Customs officers shall require every person departing from the United States (except persons in the service of the United States Government or of the Government of any nation other than Japan, Italy, and Germany and allies thereof, including Bulgaria, Rumania, and Hungary) to declare any letter or other tangible form of communication carried on his person, or contained in his baggage, or otherwise brought with him or under his control. When such action is deemed necessary, customs officers shall also search the person and baggage of any one (except persons in the service of the United States Government or of the Government of any nation other than Japan, Italy, and Germany and allies thereof, including Bulgaria, Rumania, Thailand, and Hungary) departing from the United States for any letter or other tangible form of communication. If any such letter or form of communication be declared or found which is not covered by a license issued pursuant to §§ 52.4 or 52.5 or other proper authority, the customs officers shall take possession of it and deliver it to the collector of customs for disposition. If upon investigation the collector of customs is satisfied that such letter or other form of communication was being taken out of the United States without any intention to violate or evade the law or to injure the interests of the United States or to advance the interests of is enemies, and if such letter or other form of communication is not intended for or to be delivered to an enemy or ally of an enemy, the collector may grant a license for the taking of such letter or other form of communication out of the United States, provided there are affixed thereto the appropriate United States postage stamps if the transmittal of the letter or other communication outside the mails is of such nature that the laws of the United States require the use of such stamps. If such letter or other form of communication is intended for or to be delivered to an enemy or ally of an enemy and a license therefor has not been issued pursuant to proper authority, the collector of customs shall hold it in his possession until he is instructed concerning its disposition. If the collector finds on investigation that such letter or other form of communication is being taken out of the United States with intention to violate or evade the law, or if the effect of taking it out would be to injure the United States or to advance the interests of its enemies, he shall seize such letter or other form of communication and detain the person in whose possession it was found, or who had it under his control, and shall report of the facts to the United States. attorney for appropriate action. § 52.3 Examination of imports and exports for detection of communications. In connection with the examination of imports and exports for customs and control purposes, customers officers shall be alert to detect any letter or other tangible form of communication brought into or intended to be taken out of the United States contrary to law, and if any such be found, shall take possession thereof and submit it to the collector for disposition. § 52.4 Procedure for obtaining license to take or send particular communications from United States. Licenses to take or send from the United States any letter or other tangible form of communication otherwise than in the regular course of the mail may be granted, if such letter or other form of communication is not intended for or to be delivered to an enemy or ally of an enemy, upon compliance with the following procedure: Any person desiring to take or send from the United States such letter or other form of communication shall file an application therefor with the collector of customs at the port of entry at which such letter or other form of communication is to leave the United States, or with the collector of customs at or nearest the place of residence of such person. Such application shall state the name, nationality, residence, occupation, and place of business of the person taking, and, if sent by another person, of the person sending such letter or other form of communication, and the name, nationality, residence, occupation, and place of business of the person to whom such letter or other form of communication is to be delivered, with a full statement of the reasons why it is necessary or desired to send such communication otherwise than in the regular course of the mail. If the person sending or taking such letter or other form of communication from the United States is a citizen of this country, the application shall state whether he is a native-born or a naturalized citizen, and, if naturalized, the country of which he was a citizen or subject prior to receipt of his final naturalization papers, and the place where and the date when he was natural ized. Such application shall have attached thereto the actual letter or other form of communication which it is desired to send or take from the United States and, if in a foreign language, a translation thereof. If the collector of customs is satisfied that a good reason exists for the taking or sending of such letter or other form of communication from the United States otherwise than in the regular course of the mail, and that such action will not be inimical to the interests of the United States, he shall stamp the letter or other form of communication with the word "Licensed" and the date of the stamp and affix his official seal thereto and return it to the applicant, who shall declare and exhibit it to the customs officer who examines his baggage at the time of his departure. If the collector of customs is of the opinion that the granting of any application for a license will be inimical to the interests of the United States, he shall refuse to grant the license. Any person to whom a license is refused by any collector of customs may appeal from such decision to the Secretary of the Treasury through the Commissioner of Customs. Such appeal shall state all the facts required to be stated in the application for a license and any additional facts or reasons the applicant may consider pertinent to show why the decision of the collector of customs should be reversed. § 52.5 General license; procedure for obtaining. A general license extending over a period of time may be granted upon application made to the Secretary of the Treasury and its being shown that the granting of such a general license is necessary to the orderly transaction of the applicant's business, and is not contrary to the interests of the United States. Each application for such a license shall state all the facts required to be stated in an application for an individual license and such additional facts as may be relied upon to show why a general license should be granted, and shall be filed with the collector of customs at or nearest the place of residence of the applicant, or at the port of entry from which the communications are to be sent. Such applications shall be forwarded to the Commissioner of Customs by the collector of customs after an investigation of the facts, with his report and recommendation. Such general license, when granted, will be issued through the collector of customs at the port at which the application was filed, or at which such letters or other forms of communication are to leave the United States, and the applicant will be notified of the granting thereof. § 52.6 Reference of doubtful cases to Customs Agency Service for investigation and reports. In case of doubt, the collector of customs shall refer the application for a license to the Customs Agency Service for investigation and report. Revocation of license. Any § 52.7 license issued pursuant to the regulations in this part may be revoked at any time. § 52.8 Cooperation among Government agencies. Collectors of customs shall arrange with coordinators of Treasury agencies and the local representatives of the Immigration Service, the Federal Bureau of Investigation, the United States Secret Service, and the Intelligence Services of the Army and the Navy for mutual cooperation and exchange of information in carrying out the regulations in this part. § 52.9 Communications for enemy or allies of enemy not to be licensed. Collectors of customs shall not issue licenses for any letter or other tangible form of communication intended for or to be delivered to any enemy or ally of enemy, whether to be sent outside the regular course of the mail, or otherwise. § 52.10 Definition of "an enemy or ally of an enemy." The phrase "an enemy or ally of an enemy" wherever used herein shall mean "enemy" or "ally of enemy" as those terms are defined in section 2 of the Trading with the Enemy Act, approved October 6, 1917. utory provisions interpreted or applied are cited to text in parentheses. SOURCE: 53.1 to 53.3 appear at 13 F. R. 8119. § 53.1 Jerked beef for sale or distribution to consumers in Puerto Rico. (a) Jerked beef shall be admitted free of duty, provided it is imported by or directly for the account of any public agency, relief organization not operated for profit, or dealer in foodstuffs, and there is filed in connection with the entry a declaration of such agency, organization or dealer, that the jerked beef covered by the entry will be sold or distributed solely to consumers in Puerto Rico, and the collector of customs is satisfied that it will be so sold or distributed. (b) The free entry herein authorized shall apply only with respect to importations entered for consumption on and after the date of the approval of these regulations and prior to the date on which the President shall proclaim that the emergency has ended. (Sec. 318, 46 Stat. 696; 19 U. S. C. 1318; Proc. No. 2545, April 1, 1942, 7 F. R. 2611; 3 CFR, 1943 Cum. Supp.) § 53.2 Articles imported by the Red Cross for war relief work. (a) Food, clothing, and medical, surgical, and other supplies imported by or directly for the account of The American National Red Cross shall be admitted free of duty, provided there is filed in connection with the entry a declaration by a duly authorized representative of the said Red Cross or any chapter thereof that such food, clothing, and medical, surgical, and other supplies are imported by or directly for the account of the said Red Cross and will be used by it in emergency relief work in connection with the emergency declared by the foregoing proclamation. (b) The free entry herein authorized Part 53-Importation Free of Duty of Food, Clothing, and Medical, Surgical, and Other Supplies shall apply only with respect to importa Sec. Under Emergency Proclamations of the President tions entered for consumption or withdrawn from warehouse for consumption on and after the date of the approval of these regulations and prior to the termination of the state of war, or such earlier date as may be proclaimed by the President if he shall declare by proclamation that the emergency has terminated. (Sec. 318, 46 Stat. 696; 19 U. S. C. 1318; Proc. No. 2553, April 27, 1942, 7 F. R. 3143; 3 CFR, 1943 Cum. Supp.) § 53.3 Timber, lumber, and lumber products specified by Housing Expediter admissible free of duty and import tax. (a) Pursuant to the authority contained in the proclamation of the President dated October 25, 1946 (Proclamation 2708, 3 CFR, 1946 Supp., Ch. I), collectors of customs are hereby authorized to admit free of duty, and import taxes provided for in section 3420, Internal Revenue Code, if entered for consumption or withdrawn from warehouse fo. consumtion on and after the date of the proclamation and until the termination of the provisions of the Veterans' Emergency Housing Act of 1946, or until the President shall have declared that the emergency declared in the proclamation has terminated, whichever shall first occur, the classes of timber, lumber, and lumber products set forth in the following list which have been designated and certified by the Housing Expediter as timber, lumber, or lumber products suitable for the construction and/or completion of housing accommodations: 1. Sawed lumber and timber, not specially provided for; all the foregoing, if of fir, spruce, pine, hemlock, or larch, classifiable under paragraph 401, Tariff Act of 1930, and section 3424, Internal Revenue Code. 2. Maple (except Japanese maple), birch and beech: Flooring, classifiable under paragraph 402, Tariff Act of 1930. 3. Plywood and veneers classifiable under paragraph 405, Tariff Act of 1930. 4. Packing boxes (empty), and packing box shooks, of wood, not specially provided for, classifiable under paragraph 407, Tariff Act of 1930. 5. Red cedar shingles, such as are provided for in paragraph 1760, Tariff Act of 1930, and subject to duty under the act of July 1, 1940 (19 U. S. C. 1332a). 6. Sawed lumber and timber, not further manufactured than planed, and tongued and grooved, all the foregoing not specially provided for, classifiable under paragraph 1803, Tariff Act of 1930, and section 3424, Internal Revenue Code. 7. Prefabricated houses and prefabricated panels for houses, and doors, all the foregoing in chief value of wood, classifiable under paragraph 412, Tariff Act of 1930. (b) The Housing Expediter may designate and certify under the proclamation other articles or classes of articles, such as millwork, all the foregoing in chief value of wood. In such an event, the Housing Expediter will forward his cer The fact that rates of duty on articles covered by the list have been reduced pursuant to trade agreements is immaterial for the purposes of this section. tificate to the Secretary of the Treasury and the list in paragraph (a) of this section will be amended, or he will forward a certificate covering each entry directly to the collector of customs. Collectors of customs are hereby authorized to grant entry free of duty, and import taxes provided for in section 3420, Internal Revenue Code, to articles covered by such certificates when the articles are entered for consumption or withdrawn from warehouse for consumption during the period prescribed in paragraph (a) of this section. (c) The usual procedure provided for in this chapter shall be followed in connection with entries covering articles within the scope of the proclamation, except that the liquidation of such entries covering articles not included in the list in paragraph (a) of this section shall be suspended for a period of 45 days after the date of filing if they bear a notation in substantially the following language: "Suspend liquidation; certification under Proclamation No. 2708 applied for." When a certificate of the Housing Expediter designating the merchandise in accordance with the proclamation is not received within the 45-day period, the entry shall be liquidated in the usual course of business, except that the collector may grant extensions of the period for such further periods and under such circumstances as he may deem appropriate, and that a certificate received after the 45-day period but before the liquidation of an entry shall be accepted as the basis for free entry under the authorization contained in paragraph (b) of this section." (d) The import tax prescribed in sections 3420 and 3425, Internal Revenue Code, for articles dutiable under the Tariff Act of 1930, containing 4 percent or more of copper by weight, but which are not in chief value of copper, is not applicable to articles in chief value of wood which are certified pursuant to this section. 2 With respect to free entry pursuant to Presidential Proclamation No. 2708 of articles in chief value of wood not provided for in § 53.3 (a), as amended, the Housing Expediter states that application should be made by sending a true, executed copy of the entry, Customs Form 7501, in duplicate, to the Office of the Housing Expediter, Washington 25, D. C. When certified, the Office of the Housing Expediter will forward one copy to the collector of customs at the port of entry for appropriate attention. |