(b) of this section], which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [Aug. 23, 1988], do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as added by paragraph (1) of this subsection, may not be regulated or prohibited." EXTENSION AND TERMINATION OF NATIONAL EMERGENCY POWERS UNDER THE TRADING WITH THE ENEMY Аст Section 101(b), (c) of Pub. L. 95-223 provided that: "(b) Notwithstanding the amendment made by subsection (a) [amending subsec. (b)(1) of this section], the authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [subsec. (b) of this section], which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, may continue to be exercised with respect to such country, except that, unless extended, the exercise of such authorities shall terminate (subject to the savings provisions of the second sentence of section 101(a) of the National Emergencies Act [section 1601(a) of this title]) at the end of the two-year period beginning on the date of enactment of the National Emergencies Act [Sept. 14, 1976]. The President may extend the exercise of such authorities for one-year periods upon a determination for each such extension that the exercise of such authorities with respect to such country for another year is in the national interest of the United States. "(c) The termination and extension provisions of subsection (b) of this section supersede the provisions of section 101(a) [section 1601(a) of this title] and of title II [section 1621 et seq. of this title] of the National Emergencies Act to the extent that the provisions of subsection (b) of this section are inconsistent with those provisions." EXTENSION OF THE EXERCISE OF CERTAIN AUTHORITIES UNDER THE TRADING WITH THE ENEMY ACT Determination of President of United States, No. 94-46, Sept. 8, 1994, 59 F.R. 47229, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on September 13, 1993 (58 FR 51209), the exercise of certain authorities under the Trading With the Enemy Act [sections 1 to 6, 7 to 39, 41 to 44 of this Appendix] is scheduled to terminate on September 14, 1994. I hereby determine that the extension for one year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States. Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I extend for one year, until September 14, 1995, the exercise of those authorities with respect to countries affected by: (1) the Foreign Assets Control Regulations, 31 CFR Part 500; (2) the Transaction Control Regulations, 31 CFR Part 505; (3) the Cuban Assets Control Regulations, 31 CFR Part 515; and (4) the Foreign Funds Control Regulations, 31 CFR Part 520. The Secretary of the Treasury is directed to publish this determination in the Federal Register. WILLIAM J. CLINTON. Prior extensions were contained in the following: Determination of President of the United States, No. 93-38, Sept. 13, 1993, 58 F.R. 51209. Determination of President of the United States, No. 92-45, Aug. 28, 1992, 57 F.R. 43125. Determination of President of the United States, No. 91-52, Sept. 13, 1991, 56 F.R. 48415. Determination of President of the United States, No. 90-38, Sept. 5, 1990, 55 F.R. 37309. Determination of President of the United States, No. 89-25, Aug. 28, 1989, 54 F.R. 37089. Determination of President of the United States, No. 88-22, Sept. 8, 1988, 53 F.R. 35289. Memorandum of President of the United States, Aug. 27, 1987, 51 F.R. 33397. Memorandum of President of the United States, Aug. 20, 1986, 51 F.R. 30201. Memorandum of President of the United States, Sept. 5, 1985, 50 F.R. 36563. Memorandum of President of the United States, Sept. 11, 1984, 49 F.R. 35927. Memorandum of President of the United States, Sept. 7, 1983, 48 F.R. 40695. Memorandum of President of the United States, Sept. 8, 1982, 47 F.R. 39797. Memorandum of President of the United States, Sept. 10, 1981, 46 F.R. 45321. Memorandum of President of the United States, Sept. 8, 1980, 45 F.R. 59549. Memorandum of President of the United States, Sept. 12, 1979, 44 F.R. 53153. Memorandum of President of the United States, Sept. 8, 1978, 43 F.R. 40449. NON-APPLICABILITY OF NATIONAL EMERGENCIES ACT The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of Title 50, War and National Defense] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(1) of Title 50. WORLD WAR II ALIEN PROPERTY CUSTODIAN Reestablishment and termination of Office of Alien Property Custodian during World War II, see notes set out under section 6 of this Appendix. APPROVAL OF REGULATIONS Act Mar. 9, 1933, ch. 1, title I, § 1, 48 Stat. 1, provided that: "The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the act of October 6, 1917, as amended [section 5(b) of this Appendix], are hereby approved and confirmed." EXECUTIVE ORDERS Ex. Ord. No. 6260, as amended, respecting hoarding, export, and earmarking of gold coin, bullion, or currency and transactions in foreign exchange; Ex. Ord. No. 6560, as amended, respecting transactions in foreign exchange, transfers of credit, and export of coin and currency; Ex. Ord. No. 8389, as amended, regulating transactions in foreign exchange and foreignowned property and providing for the reporting of all foreign-owned property; Ex. Ord. No. 9747, respecting continuance of functions of Alien Property Custodian and Treasury Department in Philippines; Ex. Ord. No. 9760, respecting diplomatic property of Germany and Japan; and Ex. Ord. No. 10348, continuing in force orders and regulations relating to blocked property, see notes set out under section 95a of Title 12, Banks and Banking, and section 6 of this Appendix. CROSS REFERENCES Jurisdiction of courts of Philippine Islands continued, see section 1382 of Title 22, Foreign Relations and Intercourse. Right to amend and separability of provisions of act Mar. 9, 1933, see section 212 of Title 12, Banks and Banking. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 212, 3409, 3413; title 22 sections 6004, 6005; title 28 section 2680; title 31 section 5315. § 6. Alien Property Custodian; general powers and duties The President is authorized to appoint, prescribe the duties of, and fix the salary of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or belonging to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]; and to hold, administer, and account for the same under the general direction of the President and as provided in this Act [said sections]. The President may further employ in the District of Columbia and elsewhere and fix the compensation of such clerks, attorneys, investigators, accountants, and other employees as he may find necessary for the due administration of the provisions of this Act [said sections]; Provided, That such clerks, investigators, accountants, and other employees shall be appointed from lists of eligibles to be supplied by the Civil Service Commission1 and in accordance with the civilservice law. (Oct. 6, 1917, ch. 106, § 6, 40 Stat. 415; June 6, 1972, Pub. L. 92-310, title II, § 235, 86 Stat. 214; Apr. 21, 1976, Pub. L. 94-273, § 11(5), 90 Stat. 378; Aug. 23, 1988, Pub. L. 100-418, title II, § 2501(b), 102 Stat. 1371.) REFERENCES IN TEXT The civil-service law, referred to in text, is set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. CODIFICATION Provisions that limited the salary of the alien property custodian to not more than $5,000 per annum have been omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. AMENDMENTS 1988-Pub. L. 100-418 struck out before period at end ": Provided further, That the President shall cause a detailed report to be made to Congress on the first day of April of each year of all proceedings had under this Act during the year preceding. Such report shall contain a list of all persons appointed or employed, with the salary or compensation paid to each, and a statement of the different kinds of property taken into custody and the disposition made thereof". 1976-Pub. L. 94-273 substituted "April" for "Janu ary". 1 See Transfer of Functions note below. 1972-Pub. L. 92-310 struck out provisions which required the Alien Property Custodian to give a bond. TRANSFER OF FUNCTIONS Functions vested by statute in United States Civil Service Commission transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, transferred functions vested by law in Alien Property Custodian or Office of Alien Property Custodian to Attorney General, except that those relating to property or interests in Philippines transferred to President. For text of this plan and provisions relating to transfer of records, property, personnel, and funds, see the text of the plan, set out in the Appendix to Title 5. Previous office of Alien Property Custodian abolished and functions and personnel transferred to Department of Justice by Ex. Ord. No. 6694, eff. July 1, 1934. EXPENSES AND COMPENSATION OF ALIEN PROPERTY CUSTODIAN Act May 16, 1928, ch. 580, § 1, 45 Stat. 574, contained the following provision: "All expenses of the office of the Alien Property Custodian authorized by *** [the Trading With the Enemy Act], including compensation of the Alien Property Custodian at not to exceed $10,000 per annum; shall be paid from interest and collections on trust funds and other properties under the control of such Custodian." REPORT TO CONGRESS; INCLUSION OF CLAIMS FILED UNDER SECTION 32(a)(2)(D) OF THIS APPENDIX Act Sept. 29, 1950, ch. 1108, § 2, 64 Stat. 1081, provided that: "There shall be included in the report made to Congress pursuant to section 6 of the Trading With the Enemy Act, as amended [this section], a statement of (1) the names and nationalities of persons who have filed notice of claim for the return of any property or interest under section 1 of this Act [section 32(a)(2)(D) of this Appendix], the date of the filing of such notice of claim, and the estimated value of the property or interest, and (2) the names and nationalities of persons to whom returns have been made of any property or interest under section 1 of this Act [section 32(a)(2)(D) of this Appendix] and the value of such property or interest." EXECUTIVE ORDER NO. 9095 Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971, as amended by Ex. Ord. No. 9193, July 6, 1942, 7 F.R. 5205; Ex. Ord. No. 9567, June 8, 1945, 10 F.R. 6917, which established the Office of the World War II Alien Property Custodian and provided for the compensation, functions, etc., of the Alien Property Custodian, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. Ex. ORD. No. 9142. TRANSFER OF CERTAIN FUNCTIONS, PROPERTY AND PERSONNEL FROM DEPARTMENT OF JUSTICE TO ALIEN PROPERTY CUSTODIAN Ex. Ord. No. 9142, Apr. 21, 1942, 7 F.R. 2985, provided: 1. All authority, rights, privileges, powers, duties, and functions transferred or delegated to the Department of Justice, to be administered under the supervision of the Attorney General, by Executive Order No. 6694 of May 1, 1934, or vested in, transferred or delegated to, the Attorney General or the Assistant Attorney General in charge of the Claims Division of the Department of Justice, by Executive Order No. 8136 of May 15, 1939, are hereby transferred to the Alien Property Custodian provided for by Executive Order No. 9095, dated March 11, 1942. 2. Subject to the provisions of paragraph 5 hereof, all property of the Alien Property Division of the Department of Justice, including records, files, supplies, furniture, and equipment, and all funds, securities, choses in action, real estate, patents, trade-marks, copyrights, and all other property of whatsoever kind, held or administered by the Attorney General under and pursuant to the Trading With the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix), are hereby transferred to the Alien Property Custodian, to be administered and disposed of under his supervision and direction. 3. All administrative or general or other expenses of the Office of the Alien Property Custodian in the administration of the Trading With the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], including the administration of Executive Order No. 9095, may be paid out of any funds or other property transferred to the Alien Property Custodian hereunder, whether or not such expenses relate to the property transferred hereunder, or were incurred before or after March 11, 1942. 4. The personnel of the Alien Property Division of the Department of Justice is hereby transferred to the Office of the Alien Property Custodian without loss of such civil service status or eligibility therefor as they may have. 5. All litigation in which the Alien Property Custodian or the Office of the Alien Property Custodian is interested shall be conducted under the supervision of the Attorney General. The Department of Justice and the Attorney General shall from time to time render such advice on legal matters to the Alien Property Custodian and the Office of the Alien Property Custodian as the Attorney General and the Alien Property Custodian may from time to time agree upon. For the purpose of defraying such expenses as may be incurred by the Department of Justice or the Attorney General in the rendering of advice as aforesaid or in the conduct of litigation in which the Alien Property Custodian or the Office of Alien Property Custodian is interested, including expenses for salaries of personnel and all other charges, the Alien Property Custodian may from time to time make available out of the funds or other property in his possession or control such funds as the Attorney General and the Alien Property Custodian may from time to time agree to be necessary therefor. Nothing in this order shall be construed to require the Department of Justice to surrender possession of any files and records relating to any litigation heretofore or hereafter conducted by it. 6. This order shall not be construed as modifying or limiting in any way the authority heretofore granted to the Federal Bureau of Investigation. 7. This order shall remain in force during the continuance of the present war and for six months after the termination thereof. 8. All prior Executive orders insofar as they are in conflict herewith are hereby superseded. FRANKLIN D. ROOSEVELT. Ex. ORD. No. 9325. PAYMENT OF EXPENSES OF THE Ex. Ord. No. 9325, Apr. 7, 1943, 8 F.R. 1682, provided: 1. Until it is otherwise provided, the Alien Property Custodian is authorized and empowered to pay out of any funds lawfully in his custody or under his control all necessary expenses incurred by the Office of Alien Property Custodian in carrying out the powers and duties vested in him pursuant to Title III of the First War Powers Act, 1941 [sections 616 to 618 of this Appendix], and the applicable orders issued thereunder. Such expenses shall be allocated and recovered as provided in section 2 hereof. 2. The Alien Property Custodian is authorized to retain, allocate and recover, as a charge against any specific property or any other property of which the former owner of the specific property was divested, expenses attributable to such specific property with respect to which he has exercised or may hereafter exercise any power heretofore or hereafter conferred upon him. In addition to such expenses, the Alien Property Custodian is authorized to retain, allocate and recover at such time or times as he may deem practicable, as a charge against money or property in his custody or under his control, such amounts as may be necessary in connection with the general administrative expenses of the Office of Alien Property Custodian which have been or may be paid and which are not practicably allocable to a specific property. 3. The power and authority herein granted shall not be limited by the filing of a claim or the institution of a suit relating to any property subject to the authority of the Alien Property Custodian. 4. This order shall not be construed as a limitation upon or in derogation of any powers heretofore granted. 5. The Office of Alien Property Custodian shall submit to the Bureau of the Budget [now the Office of Management and Budget] (a) prior to April 30, 1943, an estimate of general administrative expenses for the remainder of the current fiscal year, (b) prior to the end of the current and of each subsequent fiscal year, at such time as may be specified by the Director of the Bureau of the Budget, an estimate of such expenses for the succeeding fiscal year, and (c) any supplemental estimates of such expenses if and as the need arises. After April 30, 1943, no general administrative expenses authorized to be paid pursuant to this order shall be incurred or paid by the Office of Alien Property Custodian beyond the amounts approved by the Director of the Bureau of the Budget upon submissions as above set forth. FRANKLIN D. ROOSEVELT. Ex. ORD. No. 9747. FUNCTIONS OF ALIEN PROPERTY CUSTODIAN AND TREASURY DEPARTMENT CONTINUED IN PHILIPPINES Ex. Ord. No. 9747, July 3, 1946, 11 F.R. 7518, provided that the powers of the Alien Property Custodian under Ex. Ord. No. 9095, formerly set out above, should continue to be exercised in the Philippines after July 4, 1946. It also provided that the Secretary of the Treasury should continue to exercise his powers in the Philippines under Ex. Ord. No. 8389, eff. Apr. 10, 1940, set out as a note under section 95a of Title 12, Banks and Banking. EX. ORD. NO. 9760. AUTHORITY OF SECRETARY OF STATE REGARDING DIPLOMATIC PROPERTY OF GERMANY AND JAPAN Ex. Ord. No. 9760, July 23, 1946, 11 F.R. 7999, provided: 1. The Secretary of State is authorized and empowered as he deems necessary in the national interest to direct, manage, supervise, or control diplomatic and consular property within the United States owned or controlled by Germany or Japan, including all assets on the premises of such property. 2. The Alien Property Custodian shall not exercise any power and authority conferred upon him by any other Executive order with respect to diplomatic and consular property within the United States owned or controlled by Germany or Japan except so far as the Secretary of State releases his authority over such diplomatic and consular property under this order and so notifies the Alien Property Custodian in writing. 3. When the Secretary of State determines to exercise any power and authority conferred upon him by this order with respect to any property over which the Secretary of the Treasury is exercising any control and so notifies the Secretary of the Treasury in writing, the Secretary of the Treasury shall release all control of such property, except as authorized or directed by the Secretary of State. 4. This order supersedes all conflicting provisions of prior Executive orders, including Executive Orders Nos. 8389, as amended [set out under section 95a of Title 12, Banks and Banking] and 9095, as amended [set out above]. 5. The Secretary of State is authorized to prescribe from time to time regulations, rulings, and instructions to carry out the purposes of this order. HARRY S TRUMAN. Ex. ORD. No. 9788. TERMINATION OF OFFICE OF WORLD 1. The Office of Alien Property Custodian in the Office for Emergency Management of the Executive Office of the President, established by Executive Order No. 9095 of March 11, 1942 [formerly set out above), is hereby terminated; and all authority, rights, privileges, powers, duties, and functions vested in such Office or in the Alien Property Custodian 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 Alien Property Custodian or seized by him, and all proceeds thereof, which are held or administered by him on the effective date of this order are hereby transferred to the Attorney General. 3. All personnel, property, records, and funds of the Office of Alien Property Custodian are hereby transferred to the Department of Justice. 4. This order supersedes all prior Executive orders to the extent that they are in conflict with this order. 5. This order shall become effective on October 15, 1946. HARRY S TRUMAN. EXECUTIVE ORDER No. 9818 Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, formerly set out under section 1382 of Title 22, Foreign Relations and Intercourse, established the Philippine Alien Property Administration. EXECUTIVE ORDER No. 9989 Ex. Ord. No. 9989, Aug. 20, 1948, 13 F.R. 4891, which transferred jurisdiction over blocked assets to the Attorney General, was superseded by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, set out below. EXECUTIVE ORDER NO. 10348 Ex. Ord. No. 10348, Apr. 26, 1952, 17 F.R. 3769, which continued in force Ex. Ord. No. 9989, was superseded by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, set out below. Ex. ORD. NO. 11281. TRANSFERRING JURISDICTION OVER BLOCKED ASSETS FROM ATTORNEY GENERAL TO SECRETARY OF TREASURY Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, provided: WHEREAS before October 1, 1948, the Secretary of the Treasury administered the blocking controls and other restrictions over property and interests of certain foreign countries or their nationals that had been imposed, under the authority of section 5(b) of the Trading with the Enemy Act, as amended (50 U.S.C. App. 5(b)), by means of and under Executive Order No. 8389 of April 10, 1940, as amended [set out under section 95a of Title 12, Banks and Banking]; and WHEREAS by Executive Order No. 9989 of August 20, 1948, jurisdiction over the property and interests which remained blocked or restricted under Executive Order No. 8389 on September 30, 1948, was transferred, effective October 1, 1948, to the Attorney General to aid him in carrying out his functions as successor to the Alien Property Custodian, including, among others, the function of vesting property pursuant to the provisions of the Trading with the Enemy Act, as amended [sections 1 to 6, 7 to 39,and 41 to 44 of this Appendix]; and WHEREAS by Executive Order No. 10644 of November 7, 1955 [formerly set out under section 1631a of Title 22, Foreign Relations and Intercourse], the Attorney General was designated to carry out the functions of the President under Title II of the International Claims Settlement Act of 1949 (as added by the Act of August 9, 1955, Public Law 285, 84th Congress, 69 Stat. 562) [sections 1631 to 1631o of Title 22], including certain vesting and blocking functions required by section 202 of that Act (22 U.S.C. 1631a), and the Attorney General, as designee of the President, exercises controls under Executive Order No. 8389 with respect to the net proceeds of certain property that are carried, pursuant to section 202, in blocked accounts with the Treasury; and WHEREAS the functions of vesting property under the Trading with the Enemy Act and under section 202 of the International Claims Settlement Act of 1949 have been terminated; and WHEREAS the blocking controls not exercised by the Attorney General under Executive Order No. 8389 are limited in application to property of Hungary or its nationals acquired on or before January 1, 1945; property of Czechoslovakia, Estonia, Latvia, Lithuania or nationals of those countries acquired on or before December 7, 1945; property of East Germany or its nationals acquired on or before December 31, 1946, and certain securities scheduled in General Rulings No. 5 and No. 5B, as amended (8 CFR 511.205 and 511.205b); and WHEREAS the Office of Alien Property, through which the Attorney General carries out or has carried out the various responsibilities described above, will be abolished on or before June 30, 1966, and the Attorney General thereafter will not be in a position to administer blocking controls under Executive Order No. 8389 efficiently; and WHEREAS in the interest of efficiency it is desirable to return to the Secretary of the Treasury jurisdiction over the property and interests remaining subject to such blocking controls: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the laws of the United States, including the Trading with the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], Title II of the International Claims Settlement Act of 1949 and section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The authority granted to the Attorney General by Executive Order No. 9989 with respect to property and interests blocked or otherwise subject to restriction under Executive Order No. 8389 [set out under section 95a of Title 12, Banks and Banking] is hereby terminated and Executive Order No. 9989 [formerly set out above] is hereby superseded. SEC. 2. The Secretary of the Treasury shall hereafter be responsible for the administration of the controls exercisable under Executive Order No. 8389 [set out under section 95a of Title 12, Banks and Banking] and he is authorized and directed to take such action as he may deem necessary with respect to any property or interest that remains blocked or restricted under Executive Order No. 8389 on the effective date of this order. In the performance of the functions and duties hereby reassigned to him, the Secretary of the Treasury may act personally or through any officer, person, agency or instrumentality designated by him. SEC. 3. All orders, regulations, rulings, instructions or licenses issued prior to the effective date of this order by the Attorney General or the Secretary of the Treasury with respect to any of the property or interests referred to in Section 2 shall continue in full force and effect except as hereafter amended, modified or revoked by the Secretary of the Treasury. SEC. 4. No person affected by any order, regulation, ruling, instruction, license or other action issued or taken by either the Attorney General or the Secretary of the Treasury in the administration of Executive Order No. 8389 may challenge the validity thereof or otherwise excuse any action, or failure to act, on the ground that it was within the jurisdiction of the Secretary of the Treasury rather than the Attorney General or vice versa. SEC. 5. Section 1 of Executive Order No. 10644 of November 7, 1955 [formerly set out under section 1631a of Title 22, Foreign Relations and Intercourse], is hereby amended to read as follows: "SECTION 1. (a) With the exception of the functions referred to in subsection (b) of this section, the Attorney General, and, as designated by the Attorney General for this purpose, any Assistant Attorney General are hereby designated and empowered to perform the functions conferred by Title II of the International Claims Settlement Act of 1949 upon the President, and the functions conferred by that title upon any designee of the President. "(b) The Secretary of the Treasury, and any officer, person, agency or instrumentality designated by the Secretary of the Treasury for this purpose, as hereby designated and empowered to perform the functions conferred upon the President by section 202 of Title II with respect to the release of blocked property and of the net proceeds of property that are carried in blocked accounts with the Treasury." SEC. 6. Executive Order No. 8389, this order and all delegations, designations, regulations, rulings, instructions and licenses issued or to be issued under Executive Order No. 8389 or this order are hereby continued in force according to their terms for the duration of the period of the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950 [set out preceding section 1 of this Appendix]. Executive Order No. 10348 of April 26, 1952 [formerly set out above] is hereby superseded. SEC. 7. Nothing in this order shall be deemed to revoke or limit any powers heretofore conferred on the Secretary of the Treasury by or under any statute or Executive order, or to revoke or limit any powers heretofore conferred upon the Attorney General by or under any statute or Executive order other than Executive Order No. 9989 [formerly set out above] or No. 10644. SEC. 8. This order shall become effective at midnight, May 15, 1966. LYNDON B. JOHNSON. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1 to 5, 7 to 39, 41 to 44 of this Appendix; title 28 section 2680. § 6a. Incurment of expenses by Office of Alien Property Custodian After June 30, 1945, the Office of Alien Property Custodian shall not incur any obligations for the expenses of said Office except pursuant to a further annual authorization by the Congress specifically therefor. (Dec. 22, 1944, ch. 660, title I, 58 Stat. 855.) CODIFICATION Section was not enacted as part of the Trading with the enemy Act which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix. TRANSFER OF FUNCTIONS Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix. WORLD WAR II ALIEN PROPERTY CUSTODIAN Reestablishment and termination of Office of Alien Property Custodian during World War II, see notes set out under section 6 of this Appendix. REPORT TO CONGRESS ON EXPENSES Act Dec. 22, 1944, ch. 660, title I, 58 Stat. 855, provided in part that on or before Apr. 1, 1945, the Alien Property Custodian make a report to the Appropriations Committees of the House and Senate giving detailed information on all administrative and nonadministrative expenses incurred in connection with the activities of the Office of Alien Property Custodian. § 6b. Omitted CODIFICATION Section, Pub. L. 90-470, title II, Aug. 9, 1968, 82 Stat. 673, which authorized Attorney General to pay, out of certain funds or other property or interest, expenses incurred in carrying out Trading With the Enemy Act and International Claims Settlement Act, was from the Department of Justice Appropriation Act, 1969, and was not repeated in subsequent appropriation acts. Similar provisions were carried in the following prior appropriation acts: Nov. 8, 1967, Pub. L. 90-133, title II, 81 Stat. 416. § 7. Lists of enemy or ally of enemy officers, directors or stockholders of corporations in United States; acts constituting trade with enemy prior to passage of Act; conveyance of property to custodian; voluntary payment to custodian by holder; acts under order, rule, or regulation (a) Every corporation incorporated within the United States, and every unincorporated association, or company, or trustee, or trustees within the United States, issuing shares or certificates representing beneficial interests, shall, under such rules and regulations as the President may prescribe and, within sixty days after the passage of this Act [Oct. 6, 1917] and at such other times thereafter as the President may require, transmit to the alien property custodian a full list, duly sworn to, of every officer, director, or stockholder known to be, or whom the representative of such corporation, association, company, or trustee has reasonable cause to believe to be an enemy or ally of enemy resident within the territory, or a subject or citizen residing outside of the United States, of any nation with which the United States is at war, or resident within the territory, or a subject or |