NOTE: The words "item 46" were substituted for the words "item 12", by E.O. 8297, Dec. 4, 1939; 4 F.R. 4781. of other consular officers in making such | should, as a rule, be charged on the gross collections. Debts so collected are re- amount thereof.* [E.O. 8084, Apr. 11, garded as part of the decedent's estate. 1939, as amended by E.O. 8297, Dec. 4, (b) Payment of debts. The decedent's 1939; 4 F.R. 1597, 47811 debts shall be paid out of the cash resources of the estate in the consular officer's hands, namely: the money among the effects; the proceeds of the sale of perishable property; and the money paid by the decedent's debtors in the country where the decedent died. If these funds are insufficient, the consular officer may sell at auction, after proper advertisement (see § 113.13), as much of the remaining personal property as may be required to meet the demands, taking care to sell first the articles which are most marketable and at the same time least likely to be desired by the heirs of the deceased. If the assets are still insufficient, the consular officer should ask the administrator or interested parties to remit funds sufficient for payment of the rest of the debts. A claim for damages for a wrongful act of the decedent is not a debt which the consular officer may pay unless it has been reduced to judgment. (Sturgis v. Slacum, 35 Mass. 36) *† § 113.15 Remission of residue of estate. One year after the death of the decedent, or as soon thereafter as possible (see § 113.11), the consular officer shall convert into money the residue of the estate left after paying the local debts (by sale at public auction after reasonable notice) with the possible exception of articles of sentimental value, and shall send such money and property to the Department of State for transmission to the Treasury of the United States to be held in trust for the legal representative of the deceased. Unsold articles in the officer's possession shall be transmitted with the unused assets. *† § 113.16 Fees for taking possession of and settling estates. A consular officer shall collect the fee prescribed by item 46 of the tariff of United States Foreign § 113.17 Account of receipts and expenditures. A consular officer shall keep an account between himself and the estate of the decedent. He shall debit all the moneys and effects which come into his possession and credit all payments made therefrom. When he is ready to convert the account into a final statement, he shall enter thereon the balance delivered to the legal representative, whose name and address shall be given, or remitted to the Department of State for transmission to the Treasury of the United States.** § 113.18 Disposition of estates on transfer of office-(a) Estates held for less than 12-month period. When an office is transferred, the outgoing officer shall turn over the effects and cash of deceased American citizens which have been in his hands for less than the 12month period (see § 113.11) to the incoming officer, and take a receipt therefor in duplicate, one copy for himself and one copy for the office files. (b) Estates held for more than 12month period. Estates which have been held for more than the 12-month period (see § 113.15) shall be remitted to the Department of State, and accounted for by the outgoing officer before turning over charge of the office, unless the outgoing officer is communicating or endeavoring to communicate with a possible claimant, in which event he shall turn over the effects to the incoming officer and take a receipt therefor. successor shall continue for a reasonable His length of time the correspondence initiated by his predecessor, before forwarding the effects for transmission to the Treasury of the United States.*† Service fees (see § 105.15) for services § 113.19 Duties of consular officers torendered in connection with estates of ward American claimants to foreign esdeceased Americans (other than seamen) tates and inheritances. Where treaty coming into his possession, and shall ac- provisions, local laws, or established count for such fees in accordance with usage permit, a consular officer should the procedure outlined in § 105.19 and protect the interests of American citinotes thereto. This fee constitutes the zens claiming foreign estates and infirst claim against such estates and heritances.*† PART 114-PROTECTION AND PROMOTION OF AMERICAN ECONOMIC INTERESTS Sec. 114.1 Protection of American interests. 114.2 Promotion of American interests. 114.3 Services for American citizens and business organizations in connection with the conduct of foreign trade. 114.4 Submission of reports on economic developments within district. § 114.1 Protection of American interests. Officers of the Foreign Service shall protect the rights and interests of the United States in its international agricultural, commercial, and financial relations. In pursuance of this duty, they shall: (a) Guard against the infringement of rights of American citizens in matters relating to commerce and navigation which are based on custom, international law, or treaty. (b) Observe, report on, and, whenever possible, endeavor to remove discriminations against American agricultural, commercial, and industrial interests in other countries. (c) Protect the national commercial reputation of the United States. (R.S. 1752; 22 U.S.C. 132) [E.O. 8307, Dec. 19, 1939; 4 F.R. 4910] § 114.2 Promotion of American interests. Officers of the Foreign Service shall further the agricultural and commercial interests of the United States: (a) By carefully studying and reporting on the potentialities of their districts as a market for American products or as a competitor of American products in (f) By facilitating and reporting on proposed visits of alien business men to the United States. (g) By taking appropriate steps to facilitate the promotion of such import trade into the United States as the economic interests of the United States may require. (R.S. 1752; 22 U.S.C. 132) [E.O. 8307, Dec. 19, 1939; 4 F.R. 4910] § 114.3 Services for American citizens and business organizations in contrade. Officers of the Foreign Service nection with the conduct of foreign shall perform the following-enumerated services for American citizens and business organizations in connection with the conduct of foreign trade, subject to such rules and limitations thereon as may be prescribed by the Secretary of State: (a) Answering trade inquiries. ican citizens and business firms. (b) Lending direct assistance to Amer (c) Encouraging the establishment of, and supporting, American chambers of commerce. (d) Preparing themselves for and, upon instructions, performing trade conference work when in the United States on leave, or otherwise. (R.S. 1752; 22 U.S.C. 132) [E.O. 8307, Dec. 19, 1939; 4 F.R. 49101 § 114.4 Submission of reports on economic developments within district. Officers of the Foreign Service shall prewith their duties of protecting and propare and submit reports in connection moting American agricultural and commercial interests and for the purpose of providing general information on eco(b) By investigating and submitting nomic developments within their respecWorld Trade Directory Reports on the tive districts for the Departments of general standing and distributing capac-State Agriculture, and Commerce, and ity of foreign firms within their districts. international trade. (c) By preparing and submitting upon request trade lists of commercial firms within their districts. (d) By keeping constantly on the alert for and submitting immediate reports on concrete trade opportunities. (e) By endeavoring to create, within the scope of the duties to which they are assigned, a demand for American products within their districts. for other governmental departments and agencies, in accordance with such rules and regulations as the Secretary of State may prescribe. (R.S. 1752; 22 U.S.C. 132) [E.O. 8307, Dec. 19, 1939; 4 F.R. 4911] PART 115-DOCUMENTATION OF MERCHANDISE [To appear in a later Supplement] CROSS REFERENCE: For neutrality regulations affecting the Canal Zone, see 35 CFR 4.160a-4.173. PART 141-PROCLAMATIONS OF A STATE OF WAR BETWEEN FOREIGN STATES § 141.1 Proclamation of a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, New Zealand and the Union of South Africa (a) Proclamation. I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred on me by the Neutrality Act of 1939 (54 Stat. 4; 22 U.S.C., Sup., 245j to 245j-19), do hereby proclaim that a state of war unhappily exists between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa, and that it is necessary to promote the security and preserve the peace of the United States and to protect the lives of citizens of the United States. gated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions. (d) Prior proclamations revoked. I do hereby revoke my Proclamations Nos. 2349, 2354 and 2360 issued on September 5, 8, and 10, 1939, respectively, in regard to the export of arms, ammunition, and implements of war to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand; to the Union of South Africa; and to Canada. (Secs. 1, 13, 54 Stat. 4, 11; 22 U.S.C., Sup., 245j, 245j-12) [Proc. 2374, Nov. 4, 1939; 4 F.R. 4493] CROSS REFERENCE: For full text of Proclamations 2349, 2354, and 2360 revoked by this section, see Title 3 of this Supplement. 143.22 143.23 143.24 PART 143-ENFORCEMENT Proclaiming a national emergency. Division of duties among Federal agencies. Neutrality required of persons under Jurisdiction of United States. Canal Zone. Obedience enjoined. Penalty for misconduct. (c) Delegation of power to Secretary of State. I do hereby delegate to the § 143.1 Proclaiming a national emerSecretary of State the power to exercise gency. I, Franklin D. Roosevelt, Presiany power or authority conferred on me dent of the United States of America, do by the Neutrality Act of 1939 as made proclaim that a national emergency effective by this my proclamation issued exists in connection with and to the thereunder, which is not specifically dele-] extent necessary for the proper observ ance, safeguarding, and enforcing of the | terior in the territories and outlying posneutrality of the United States and the sessions where the Treasury Department strengthening of our national defense and the Commerce Department are rewithin the limits of peacetime authori- quired by law to carry out their respeczations. Specific directions and authori- tive functions, and except in the Philipzations will be given from time to time pine Islands, the Canal Zone, and the for carrying out these two purposes. outlying possessions subject to the ex[Proc. 2352, Sept. 8, 1939; 4 F.R. 3851] clusive jurisdiction of the Navy Department. § 143.11 Division of duties among Federal agencies. The departments and independent offices and establishments of the United States Government shall have the following duties to perform in enforcing the neutrality of the United States, which duties shall be in addition to the duties now prescribed, or hereafter prescribed, by law, or by other executive order or regulation not in conflict herewith, for the departments and independent offices and establishments of the United States Government: (a) War Department. Enforcement of the neutrality of the United States as prescribed in Proclamation 2348 so far as concerns the military land forces of neutral and belligerent powers; except as provided in paragraphs (b) (2) and (d). (b) Navy Department. Enforcement of the neutrality of the United States as prescribed in Proclamation 2348, (1) so far as concerns vessels of the naval establishments of neutral and belligerent powers and other vessels operating for hostile or military purposes, except as provided in paragraph (d); (2) enforcement of the neutrality of the United States as prescribed in said proclamation in outlying possessions subject to the exclusive jurisdiction of the Navy Department; (3) in the Philippine Islands, enforcement of the neutrality of the United States as respects all vessels as prescribed in said proclamation, with the special cooperation of the Department of State and the Department of the Interior. (d) Governor of the Panama Canal. Enforcement within the Canal Zone of the neutrality of the United States as prescribed in Proclamation 2348, and administrative action in connection therewith. The military and naval forces stationed in the Canal Zone shall give him such assistance for this purpose as he may request. If an officer of the Army shall be designated to assume authority and jurisdiction over the operation of the Panama Canal as provided in section 8 of Title 2 of the Canal Zone Code, such officer of the Army shall thereafter have the duties above assigned to the Governor of the Panama Canal. (e) Department of Justice. Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation, not especially delegated to other departments, independent offices and establishments of the United States Government, and prosecution of violations of the neutrality of the United States. (f) All departments and independent offices and establishments of the United States. Enforcement of neutrality in connection with their own activities, furnishing information to, and assisting all other departments and independent offices and establishments of the United States Government in connection with the duties herein assigned; and issuing rules and regulations necessary for carrying out the duties herein assigned. [E.O. 8233, Sept. 5, 1939, as extended by Sept. 10, 1939; 4 F.R. 3822, 3863, 3889] NOTE: E.O. 8233, Sept. 5, 1939; 4 F.R. 3822, referred to a war now existing between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand. E.O. 8243, Sept. 8, 1939; 4 F.R. 3863, extended the application of the original order to the Union of South Africa, and E.O. 8249, Sept. (c) Treasury Department and Com-E.O. 8243, Sept. 8, 1939, and E.O. 8249, merce Department. (Under such further division of responsibility as the Secretary of the Treasury and the Secretary of Commerce may mutually agree upon) Enforcement of the neutrality of the United States as prescribed in the abovementioned proclamation so far as concerns all vessels except those referred to in paragraph (b), with the special co- CROSS REFERENCES: For provisions of Procoperation of the Department of the In-lamation 2348, see §§ 143.21-143.24, 146.1, and 10, 1939; 4 FR. 3889, further extended its application to Canada. 164.11-164.19. For full text of Proclamation | who may misconduct themselves in the 2348, see Title 3 of this Supplement. For premises, will do so at their peril, and Executive Order 8232, Sept. 5, 1939; 4 F.R. 3812, designating an officer of the Army to that they can in no wise obtain any proassume authority and jurisdiction over the tection from the Government of the operation of the Panama Canal, see Title 3 United States against the consequences of this Supplement or note at the beginning of their misconduct. (R.S. 5281-5291, of 35 CFR Chapter I. 40 Stat. 221-223, 231; 18 U.S.C. 21-39) [Proc. 2348, Sept. 5, 1939; 4 F.R. 3812] NAVY OF BELLIGERENT BY ACTS § 143.21 Neutrality required of persons under jurisdiction of United States. I do further declare and proclaim that the statutes and the treaties of the PART 146-AUGMENTING ARMY OR United States and the law of nations alike require that no person, within the territory and jurisdiction of the United States, shall take part, directly or indi- § 146.1 Forbidden acts. The followrectly, in the said war, but shall remaining acts are forbidden to be done, under at peace with all of the said belligerents, severe penalties, within the territory and and shall maintain a strict and impartial jurisdiction of the United States, to wit: neutrality. (R.S. 5281-5291, 40 Stat. 221-223, 231; 18 U.S.C. 21-39) [Proc. 2348, Sept. 5, 1939; 4 F.R. 3811] NOTE: Proclamation 2348, Sept. 5, 1939; 4 F.R. 3809, referred to a war now existing between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand. Proclamation 2353, Sept. 8, 1939; 4 FR. 3851, extended the application of the original proclamation to the Union of South Africa, and Proclamation 2359, Sept. 10, 1939; 4 FR. 3857 further extended its application to Canada. (a) Accepting and exercising a commission to serve one of the said belligerents by land or by sea against an opposing belligerent. (b) Enlisting or entering into the service of a belligerent as a soldier, or as a marine, or seaman on board of any ship of war, letter of marque, or privateer. (c) Hiring or retaining another person to enlist or enter himself in the service of a belligerent as a soldier, or as a § 143.22 Canal Zone. I do further marine, or seaman on board of any ship declare and proclaim that the provisions of war, letter of marque, or privateer. of §§ 143.21-143.24, 146.1, and 164.11- (d) Hiring another person to go be164.19, shall apply to the Canal Zone ex-yond the limits or jurisdiction of the cept insofar as such provisions may be United States with intent to be enlisted specifically modified by a proclamation as aforesaid. or proclamations, issued for the Canal Zone. (R.S. 5281-5291, 40 Stat. 221-223, 231; 18 U.S.C. 21-39) [Proc. 2348, Sept. 5, 1939; 4 F.R. 3811] § 143.23 Obedience enjoined. I do hereby enjoin all nationals of the United States, and all persons residing or being within the territory or jurisdiction of the United States, to observe the laws thereof, and to commit no act contrary to the provisions of the said statutes or treaties or in violation of the law of nations in that behalf. (R.S. 5281-5291, 40 Stat. 221-223, 231; 18 U.S.C. 21-39) [Proc. 2348, Sept. 5, 1939; 4 F.R. 3812] § 143.24 Penalty for misconduct. I do hereby give notice that all nationals of the United States and others who may claim the protection of this Government, (e) Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be entered into service as aforesaid. (f) Retaining another person to go beyond the limits or jurisdiction of the United States to be enlisted as aforesaid. (g) Retaining another person to go beyond the limits or jurisdiction of the United States with intent to be entered into service as aforesaid. (But the Act of the 4th day of March, A. D. 1909, as amended by the Act of the 15th day of June, A. D. 1917, is not to be construed to extend to a citizen or subject of a bel ligerent who, being transiently within the jurisdiction of the United States, shall, on board of any ship of war, which, at the time of its arrival within the jurisdiction of the United States, was fitted and equipped as such ship of war, enlist or |