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(6) Individual or body of individuals of any nationality resi
dent, or corporation incorporated, within any country other than the United States and doing business within
such territory; (c) Enemy or ally-of-enemy government, or officer, official,
agent, or agency thereof; (d) Individual or concern (regardless of nationality or resi
dence) who there is reasonable cause to believe is conducting or taking part in trade directly or indirectly for, on account, on behalf, or for benefit of any above
prohibited classes. While, except with license, trade is prohibited everywhere with corporations incorporated under laws of Germany, Austria, or their allies, trade with nationals of such countries resident outside ally or enemy territory apparently not prohibited by act unless they fall within classes (b), (c), (d), or unless they are designated by presidential proclamation. President has not issued such proclamation.
The foregoing is a general statement of the law, but the Department or the proper branch of the Government may desire to consider particular cases in the light of their peculiar circumstances.
File No. 763.72112/5397
The Secretary of State to the Swedish Minister (Ekengren) No. 311
WASHINGTON, December 29, 1917. SIR: Referring to your note of November 5, 1917, with reference to the acceptance of money by the Legation from persons in the United States who desire to send remittances to needy relatives in Austria-Hungary, I have the honor to inform you that a communication, dated December 20, has been received from the War Trade Board, which, under the provisions of the Trading with the Enemy Act, has jurisdiction over such matters, stating that much to its regret the application of the Legation to transfer credits to AustriaHungary is denied. Accept [etc.]
For the Secretary of State:
FRANK L. POLK
File No. 763.72112/5970
WASHINGTON, December 31, 1917, 3 p. m. Your December 20, 2 p. m. War Trade Board advises German subjects in neutral countries not doing business in enemy territory not enemies merely because of German birth and trade with them not restricted unless they are on enemy trading list or unless bankers there have reasonable cause to believe them enemies or acting for enemies or allies of enemies.
File No. 763.72112/5846
WASHINGTON, January 3, 1918,5 p. m. Your December 11, 1 p. m. War Trade Board advises Trading with Enemy Act does not apply to American nationals resident in Cuba nor to partnerships composed of American nationals resident in Cuba, but does apply to American corporations having mere agencies in Cuba.
File No. 763.72112/6465
WASHINGTON, January 24, 1918. Sir: Referring to your despatch No. 260, dated December 12, 1917, and to the Department's telegram to you of this date, regarding the question whether retail sales to persons on the enemy trading list are prohibited by the Trading with the Enemy Act, you are informed that the War Trade Board advises as follows:
American citizens resident outside of the United States, who trade with persons whose names appear on the enemy trading list are not subject to the penal provisions of the Trading with the Enemy Act. In this connection reference is made to sections 3(a) and 16 of the Trading with the Enemy Act.
The Department desires to call attention, however, to the fact that while Americans residing outside of the United States may not be subject to the penalties of the Trading with the Enemy Act, it would be their patriotic duty to assist in carrying out the policy of the United States Government by avoiding, whenever possible, all dealings forbidden by that act. I am [etc.]
For the Secretary of State:
WILBUR J. CARR
File No. 763.72112/7413a
Central and South American Countries and Mexico
WASHINGTON, March 7, 1918, 8 p. m. Discreetly ascertain which local American firms or branches or subsidiaries of firms situated in the United States are employing enemy or ally-of-enen.y subjects, or persons who have been or are engaged in pro-enemy or anti-American activities, and invite the attention of said firms to Enemy Trading Act and urge upon them the importance, in their own interest, as well as in discharge of their patriotic duty, of promptly discharging said employees.
Telegraph briefly and report fully by mail, names and American addresses of firms failing to comply with foregoing request and names and occupations of employees to whom you object with detailed reasons for your objections. Repeat to consuls.
File No. 763.72112/8450b The Secretary of State to the Diplomatic Representatives in Central and South American Countries and Mexico
WASHINGTON, April 17, 1918. The following are the present regulations of War Trade Board:
Branch houses of American firms in neutral and Allied countries must obtain special enemy trade license to trade with “enemy
enemy” or “ally of enemy” in all cases except following: A. (1) To receive rent from “enemies” or “allies of enemies”
where refusal to accept will result in failure to
collect. (2) To pay rent to “enemies” or “allies of enemies” where
refusal to pay will result in forfeiture of lease or damages. Report of every such lease must be mailed to War Trade Board, Washington, after discovery of enemy interest, setting out date and date of expiration of lease, amount of rent, names of enemy
tenant or landlord and other parties to lease. B. (1) To receive in payment of indebtedness and to collect
drafts or checks drawn or endorsed by “enemies” or "allies of enemies” where refusal to accept may
result in failure to collect. (2) To pay drafts or checks drawn in favor of or endorsed
by “enemies” or “allies of enemies” where refusal to pay will result in violation of law or commercial obligation.
(3) To receive for collection drafts or checks drawn by or accepted or endorsed by "enemies
“enemies” or “allies of enemies.” (4) To become party to clearing house transactions in ordi
nary course of business where any“ enemy” or “ally
of enemy” may be member of such clearing house. Written report of every such transaction must be mailed to War Trade Board on 5th day of each month covering transactions of preceding calendar month under B (1), (2), (3) above, setting forth dates of transactions; names of drawers, drawees, endorsers; amounts of drafts or checks. Statement of facts under (4) above must be mailed immediately to Board. Repeat to consuls.
File No. 763.72113A/359
Buffalo, N. Y.
WASHINGTON, July 10, 1918. GENTLEMEN : The Department acknowledges the receipt of your letter of May 27, 1918, giving further information regarding funds held in Germany to the credit of certain of your clients. You assume that as a practical proposition nothing can be done toward securing possession of these funds until after the termination of the war with Germany, but add that you would be glad to receive any suggestions from the Department as to the possibility or advisability of making effort to secure these funds through the War Trade Board or through any other channel. It appears that you seek to have withdrawn from a bank in Berlin by transfer to the United States deposits amounting to about $40,000, held in Germany to the credit of your clients in Buffalo.
In reply the Department may state for your information that it is a general practice of belligerents not to permit any steps to be taken which would be regarded as increasing the resources of the enemy, and that, accordingly, in the present European war, both before and since the United States became a belligerent, the withdrawal of enemy deposits has been generally prohibited by the belligerents. Belligerent governments, as a concession, however, during the present war have at times permitted indigent and interned enemy aliens to draw on their bank deposits in small amounts from time to time. Private bank deposits, while detained or sequestrated until the close of hostilities, have not as a rule been confiscated. With respect to the practice of nations in time of war of limiting and
prohibiting transactions between their subjects and those of an enemy, and particularly transactions involving the withdrawal of enemy funds, thereby increasing the resources of the enemy to that extent, you are referred to the following authorities: Wheaton's International Law (Phillipson), fifth English edition, page 438; Halleck's International Law, volume 1, fourth edition, page 581; Lawrence's Principles of International Law, fourth edition, page 357; International Law, Oppenheim, volume 2, page 112.
In the present case, however, the Enemy Trading Act is controlling and the Department has no objection to your taking the matter up with the War Trade Board with a view to obtaining its opinion in the matter. I am [etc.]
For the Secretary of State:
ALVEY A. ADEE Second Assistant Secretary
File No. 763.72112/9430
The Secretary of State to the Minister in Switzerland (Stovall)
WASHINGTON, September 12, 1918. Sir: The War Trade Board requests the Department to inform you as follows on the points set forth in your despatch No. 3336, dated May 29, 1918:1
The prohibitions of the Trading with the Enemy Act apply only to actions by persons in the United States and do not apply to American citizens in foreign countries. However, the War Trade Board feels that wherever possible it is desirable for diplomatic officials to discourage American citizens from undertaking any acts which would be illegal under the Trading with the Enemy Act for a person in this country to undertake, and for which a license would not be granted by the War Trade Board. In view of this fact, when inquiries are received by the Bureau of Enemy Trade through the Department of State with reference to proper actions on the part of United States citizens as to enemy trade, the War Trade Board states such action as it thinks the diplomatic officer abroad should advise the American citizen to take in the circumstances.
With reference to the particular questions:
1. Question of paying rents in Germany by Americans residing in Switzerland.