§ 1382. — Administration of the Trading With the Enemy Act in Philippines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1382]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 15--THE REPUBLIC OF THE PHILIPPINES
SUBCHAPTER V--PROPERTY RETAINED BY THE UNITED STATES
Sec. 1382. Administration of the Trading With the Enemy Act in
Philippines
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.
(July 3, 1946, ch. 536, Sec. 3, 60 Stat. 418; Dec. 21, 1950, ch. 1144,
64 Stat. 1116.)
References in Text
The Trading With the Enemy Act of October 6, 1917, as amended,
referred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as
amended, which is classified to sections 1 to 6, 7 to 39 and 41 to 44 of
Title 50, Appendix, War and National Defense. For complete
classification of this Act to the Code, see Tables.
Amendments
1950--Act Dec. 21, 1950, required that 90 days after Dec. 21, 1950,
all suits against the Philippine Alien Property Administration be
brought in United States courts instead of in Philippine courts.
Termination of Philippine Alien Property Administration; Transfer of
Functions
Section 101 of act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64
Stat. 699, provided in part that the Philippine Alien Property
Administration cease to exist after June 30, 1951, and all duties
performed by such Administration as of that date be transferred to the
Office of Alien Property Custodian, including all records, files, and
other property.
Executive Order No. 9789
Ex. Ord. No. 9789, Oct. 14, 1946, 11 F.R. 11981, related to the
establishment of the Philippine Alien Property Administration, and was
superseded by Ex. Ord. No. 9818, formerly set out below.
Executive Order No. 9818
Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, amended Oct. 15, 1949,
ch. 695, Sec. 5(a), 63 Stat. 880, related to the establishment of the
Philippine Alien Property Administration, and was omitted under the
authority of Ex. Ord. No. 10254, set out below, which terminated the
Administration.
Executive Order No. 9876
Ex. Ord. No. 9876, July 24, 1947, 12 F.R. 4981, authorized the
delegation of certain presidential functions to the Philippine Alien
Property Administrator and was omitted in view of Ex. Ord. No. 10254,
set out below, which terminated the Administration.
Executive Order No. 9921
Ex. Ord. No. 9921, Jan 10, 1948, 13 F.R. 171, authorized the
Philippine Alien Property Administrator to transfer certain property to
the Republic of the Philippines, and was omitted under the authority of
Ex. Ord. No. 10254, set out below, which terminated the Alien Property
Administration.
Ex. Ord. No. 10254. Termination of Philippine Alien Property
Administration and Transfer of Functions to Department of Justice
Ex. Ord. No. 10254, June 15, 1951, 16 F.R. 5829, provided:
1. The Philippine Alien Property Administration, established by
Executive Order No. 9818 of January 7, 1947 [formerly set out as note
under this section], is hereby terminated. All authority, rights,
privileges, powers, duties, and functions vested in such Administration
or in the Philippine Alien Property Administrator or transferred or
delegated thereto are hereby vested in or transferred or delegated to
the Attorney General, as the case may be, and shall be administered by
him or under his direction and control by such officers and agencies of
the Department of Justice as he may designate.
2. All property or interests vested in or transferred to the
Philippine Alien Property Administration or the Administrator thereof,
and all proceeds thereof, which are held or administered by the
Philippine Alien Property Administration or the Administrator thereof
are hereby transferred to the Attorney General of the United States.
3. All personnel, records, files, furniture, funds, authorizations,
equipment, and supplies of the Philippine Alien Property Administration
are hereby transferred to the Department of Justice.
4. All necessary expenses incurred in the administration or
operation of the functions, duties, authority, rights, privileges, and
powers hereby vested in or transferred or delegated to the Attorney
General shall be paid, to the extent permitted and in the manner
prescribed by law, from funds or property or interests vested in or
transferred to the Attorney General by or pursuant to the authority
contained in this order, so as to prevent diminution of funds otherwise
available for the War Claims Fund under section 39 of the Trading with
the Enemy Act, as amended by section 12 of the act of July 3, 1948, 62
Stat. 1246 [section 39 of Title 50, Appendix, War and National Defense].
This order shall become effective at the close of business in
Washington, D.C., on June 29, 1951, and shall at that time supersede all
prior Executive orders to the extent that they are in conflict with this
order.
Harry S Truman.
Transfer of Alien Property Custodian Functions
Functions of Alien Property Custodian and Office of Alien Property
Custodian, except those relating to property or interests in
Philippines, vested in Attorney General. See notes set out under section
6 of Title 50, Appendix, War and National Defense.
Section Referred to in Other Sections
This section is referred to in section 1383 of this title.
