
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
