§ 51.2 Necessity for license under the Export Control Act. This part does not in any way affect the necessity for a license under the Export Control Act of July 2, 1940. Neither an export control license nor a Treasury license will be accepted in lieu of the other type of license. Part 52-Regulations Under Trading With the Enemy Act Sec. 52.0 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 Statutory provisions; Executive order. Reference of doubtful cases to Cus- Revocation of license. Cooperation among Government agencies. Communications for enemy or allies of enemy not to be licensed. Definition of "an enemy or ally of an enemy." AUTHORITY: §§ 52.0 to 52.10 issued under sec. 3 (c), 40 Stat. 412; 50 U. S. C. App., 3 (c), and secs. XI, XIII, E. O. 2729-A, Oct. 12, 1917. SOURCE: $ 52.0 to 52.10 appear at 13 F. R. 8117, Dec. 18, 1948. § 52.0 Statutory provisions; Executive order. (a) Section 3 (c) of the Trading with the Enemy Act, approved October 6, 1917, provides that it shall be unlawful (c) For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy nation, and other than such persons or classes of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communication, except in the regular course of the mail; *: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden, if he shall first submit the same to the President, or to such officer as the President may direct, and shall ob tain the license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President. (b) Section XI, Executive Order No. 2729-A, dated October 12, 1917, is in part as follows: I further hereby vest in the Secretary of the Treasury the executive administration of the provisions of subsection (c) of section 3 of the Trading with the Enemy Act relative to sending, or taking out of, or bringing into, or attempting to send, take out of, or bring into the United States any letter, writing, or tangible form of communication, except in the regular course of the mail. And said Secretary of the Treasury is hereby authorized and empowered to issue licenses to send, take, or transmit out of the United States anything otherwise forbidden by said subsection (c) and give such consent or grant such exemption in respect thereto as is not inconsistent with law or to withhold or refuse the same. (c) Under section 16 of the Trading with the Enemy Act any person bringing, or attempting to bring, into the United States any letter or other writing or tangible form of communication, except in the regular course of the mail, is subject, upon conviction, to a fine of not more than $10,000, or to imprisonment for not more than 10 years or both, and the letter or other form of communication so brought in, or attempted to be brought in, is subject to seizure and forfeiture. Any person who sends, or takes, or attempts to send, or take from the United States any letter or other writing or tangible form of communication, except in the regular course of the mail. without a license therefor, is subject to a like penalty, and the letter or other form of communication involved is subject to seizure and forfeiture. Pursuant to the authority conferred by sections XI and XIII of Executive Order No. 2729-A, dated October 12, 1917. the following regulations are hereby prescribed for the enforcement of the provisions of the statute and order quoted above: clare to the customs officers, in addition to the usual customs declaration (if any), any letter or other tangible form of communication, carried on his person or in his baggage, or otherwise brought with him or under his control. Customs officers examining arriving passengers and baggage shall, in addition to the usual customs examination, make a particular search to discover any letters or other tangible forms of communication, and shall deliver to the collector of customs for disposition any such letters or other forms of communication so declared, or which may be found on the persons or in the baggage of passengers, or which may have been brought to the United States otherwise than in the regular course of the mails. If it appear that any letter or other tangible form of communication is being brought into the United States with intention to evade or violate the law, or if it appear that the effect of bringing such letter or other form of communication into the United States would be inimical to the interests of our Government, or in the interests of its enemies, the customs officers shall detain any person having such letter or other form of communication in his possession or under his control, and report the facts to the United States attorney for appropriate action. If it appear that any letter or other tangible form of communication is being brought into the United States without intention to evade or violate the law, and that the effect of bringing such letter or other form of communication into the United States would not be inimical to the interests of our Government or in the interests of its enemies, the collector of customs may license the bringing of such letter or other form of communication into the United States, in which case there shall be placed thereon the words "Examined and Passed", with the date, the name of the port, and the initials of the collector or other authorized officer; and such letter or other form of communication may then be released, provided, there are affixed thereto the appropriate United States postage stamps if the transmittal of the letter or other communication outside the mails is of such nature that the laws of the United States require the use of such stamps. Any person to whom a license is refused by a collector of customs may appeal from such decision to the Secretary of the Treasury, through the Commissioner of Customs, stating all the facts relied upon to show that the decision of the collector should be reversed. § 52.2 Communications being taken from the United States; declaration; search; seizure of communication and detention of person; license. Customs officers shall require every person departing from the United States (except persons in the service of the United States Government or of the Government of any nation other than Japan, Italy, and Germany and allies thereof, including Bulgaria, Rumania, and Hungary) to declare any letter or other tangible form of communication carried on his person, or contained in his baggage, or otherwise brought with him or under his control. When such action is deemed necessary, customs officers shall also search the person and baggage of any one (except persons in the service of the United States Government or of the Government of any nation other than Japan, Italy, and Germany and allies thereof, including Bulgaria, Rumania, Thailand, and Hungary) departing from the United States for any letter or other tangible form of communication. If any such letter or form of communication be declared or found which is not covered by a license issued pursuant to §§ 52.4 or 52.5 or other proper authority, the customs officers shall take possession of it and deliver it to the collector of customs for disposition. If upon investigation the collector of customs is satisfied that such letter or other form of communication was being taken out of the United States without any intention to violate or evade the law or to injure the interests of the United States or to advance the interests of its enemies, and if such letter or other form of communication is not intended for or to be delivered to an enemy or ally of an enemy, the collector may grant a license for the taking of such letter or other form of communication out of the United States, provided there are affixed thereto the appropriate United States postage stamps if the transmittal of the letter or other communication outside the mails is of such nature that the laws of the United States require the use of such stamps. If such letter or other form of communication is intended for or to be delivered to an enemy or ally of an enemy and a license therefor has not been issued pursuant to proper If authority, the collector of customs shall hold it in his possession until he is instructed concerning its disposition. the collector finds on investigation that such letter or other form of communication is being taken out of the United States with intention to violate or evade the law, or if the effect of taking it out would be to injure the United States or to advance the interests of its enemies, he shall seize such letter or other form of communication and detain the person in whose possession it was found, or who had it under his control, and shall report of the facts to the United States. attorney for appropriate action. § 52.3 Examination of imports and exports for detection of communications. In connection with the examination of imports and exports for customs and control purposes, customers officers shall be alert to detect any letter or other tangible form of communication brought into or intended to be taken out of the United States contrary to law, and if any such be found, shall take possession thereof and submit it to the collector for disposition. § 52.4 Procedure for obtaining license to take or send particular communications from United States. Licenses to take or send from the United States any letter or other tangible form of communication otherwise than in the regular course of the mail may be granted, if such letter or other form of communication is not intended for or to be delivered to an enemy or ally of an enemy, upon compliance with the following procedure: Any person desiring to take or send from the United States such letter or other form of communication shall file an application therefor with the collector of customs at the port of entry at which such letter or other form of communication is to leave the United States, or with the collector of customs at or nearest the place of residence of such person. Such application shall state the name, nationality, residence, occupation, and place of business of the person taking, and, if sent by another person, of the person sending such letter or other form of communication, and the name, nationality, residence, occupation, and place of business of the person to whom such letter or other form of communication is to be delivered, with a full state ment of the reasons why it is necessary or desired to send such communication otherwise than in the regular course of the mail. If the person sending or taking such letter or other form of communication from the United States is a citizen of this country, the application shall state whether he is a native-born or a naturalized citizen, and, if naturalized, the country of which he was a citizen or subject prior to receipt of his final naturalization papers, and the place where and the date when he was naturalized. Such application shall have attached thereto the actual letter or other form of communication which it is desired to send or take from the United States and, if in a foreign language, a translation thereof. If the collector of customs is satisfied that a good reason exists for the taking or sending of such letter or other form of communication from the United States otherwise than in the regular course of the mail, and that such action will not be inimical to the interests of the United States, he shall stamp the letter or other form of communication with the word "Licensed" and the date of the stamp and affix his official seal thereto and return it to the applicant, who shall declare and exhibit it to the customs officer who examines his baggage at the time of his departure. If the collector of customs is of the opinion that the granting of any application for a license will be inimical to the interests of the United States, he shall refuse to grant the license. Any person to whom a license is refused by any collector of customs may appeal from such decision to the Secretary of the Treasury through the Commissioner of Customs. Such appeal shall state all the facts required to be stated in the application for a license and any additional facts or reasons the applicant may consider pertinent to show why the decision of the collector of customs should be reversed. § 52.5 General license; procedure for obtaining. A general license extending over a period of time may be granted upon application made to the Secretary of the Treasury and its being shown that the granting of such a general license is necessary to the orderly transaction of the applicant's business, and is not contrary to the interests of the United States. Each application for such a license shall state all the facts required to be stated in an application for an individual license and such additional facts as may be relied upon to show why a general license should be granted, and shall be filed with the collector of customs at or nearest the place of residence of the applicant, or at the port of entry from which the communications are to be sent. Such applications shall be forwarded to the Commissioner of Customs by the collector of customs, after an investigation of the facts, with his report and recommendation. Such general license, when granted, will be issued through the collector of customs at the port at which the application was filed, or at which such letters or other forms of communication are to leave the United States, and the applicant will be notified of the granting thereof. § 52.6 Reference of doubtful cases to Customs Agency Service for investigation and reports. In case of doubt, the collector of customs shall refer the application for a license to the Customs Agency Service for investigation and report. § 52.7 Revocation of license. Any license issued pursuant to the regulations in this part may be revoked at any time. § 52.8 Cooperation among Government agencies. Collectors of customs shall arrange with coordinators of Treasury agencies and the local representatives of the Immigration Service, the Federal Bureau of Investigation, the United States Secret Service, and the Intelligence Services of the Army and the Navy for mutual cooperation and exchange of information in carrying out the regulations in this part. § 52.9 Communications for enemy or allies of enemy not to be licensed. Collectors of customs shall not issue licenses for any letter or other tangible form of communication intended for or to be delivered to any enemy or ally of enemy, whether to be sent outside the regular course of the mail, or otherwise. $ 52.10 Definition of "an enemy or ally of an enemy." The phrase "an enemy or ally of an enemy" wherever used herein shall mean "enemy" or "ally of enemy" as those terms are defined in section 2 of the Trading with the Enemy Act, approved October 6, 1917. Part 53-Importation Free of Duty of Food, Clothing, and Medical, Surgical, and Other Supplies Under Emergency Proclamations of the President § 53.1 Jerked beef for sale or distribution to consumers in Puerto Rico. (a) Jerked beef shall be admitted free of duty, provided it is imported by or directly for the account of any public agency, relief organization not operated for profit, or dealer in foodstuffs, and there is filed in connection with the entry a declaration of such agency, organization or dealer, that the jerked beef covered by the entry will be sold or distributed solely to consumers in Puerto Rico, and the collector of customs is satisfied that it will be so sold or distributed. (b) The free entry herein authorized shall apply only with respect to importations entered for consumption on and after the date of the approval of these regulations and prior to the date on which the President shall proclaim that the emergency has ended. (Sec. 318, 46 Stat. 696; 19 U. S. C. 1318; Proc. No. 2545, April 1, 1942, 7 F. R. 2611; 3 CFR, 1943 Cum. Supp.) [13 F. R. 8119, Dec. 18, 1948] Part 54-Certain Importations Free of Duty During the War Sec. 54.2 54.3 Free entry of personal and household effects of certain classes of persons in the service of the United States, of their families, and of evacuees. Bona fide gifts from a member of the armed forces of the United States. AUTHORITY: §§ 54.2 and 54.3 issued under sec. 624, 46 Stat. 759; 19 U. S. C. 1624. Statutory provisions interpreted or applied are cited to text in parentheses. $ 54.2 Free entry of personal and household effects of certain classes of persons in the service of the United States, of their families, and of evacuees. (a) Under sections 1 and 2, 56 Stat. 461; 50 U. S. C. App. 801, 802, free entry may be accorded to the personal and household effects of any person evacuated to the United States under Government orders and to the personal and household effects of any person in the service of the United States, or of his family, which are forwarded to the United States by reason of Government instructions regarding the movement of the owner or the articles, whether or not the owner returns to this country. (b) The act does not apply to articles imported for sale, but the term "personal effects" as used therein is not confined to that class of articles described in the first provision of paragraph 1798, Tariff Act of 1930, as amended (19 U. S. C. 1201, par. 1798); nor is any period of use, such as is prescribed by paragraph 1632, Tariff Act of 1930 (19 U. S. C. 1201, par. 1632), applicable to household effects entered under this act. (c) All articles for which free entry is claimed under the act shall be entered or withdrawn in accordance with the requirements prescribed by the Tariff Act of 1930. The Bureau has not prepared forms of declarations or certificates to be filed in connection with such entries or withdrawals. Collectors of customs shall, therefore, accord free entry under the statute upon the production of satisfactory proof that the articles are entitled to the benefit thereof. (d) Certified or other invoices shall not be required for articles accorded free entry under the act. (e) The act is effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after December 8, 1941, and before July 1, 1955. Duties and taxes paid on articles entered or withdrawn on or after December 8, 1941, may therefore be refunded provided such refunds are not precluded by the provisions of section 514 or 520 (c) (2), Tariff Act of 1930, as amended (19 U. S. C. 1514, 1520 (c) (2)). (Secs. 481, 484, 498, 46 Stat. 719, 722, as amended, 728, as amended; 19 U. S. C. 1481, 1484, 1498) [13 F. R. 8120, Dec. 18, 1948, as amended by T. D. 53304, 18 F. R. 4557, Aug. 4, 1953] § 54.3 Bona fide gifts from a member of the armed forces of the United States. (a) Under 56 Stat. 1041, as amended, 50 U. S. C. App. 846, approved December 5, 1942, collectors of customs shall accord entry free of duty, internal-revenue taxes, and customs charges and exactions to bona fide gifts from members of the armed forces of the United States on duty outside the continental limits of the United States to the extent of $50 in value in any shipment if the gifts were purchased in or through authorized agencies of the armed forces of the United States or in accordance with regulations prescribed by the major geographical commands of the United States armed forces. (b) Satisfactory evidence as to the status of articles under Public Law No. 790, as amended, will have been filed in connection with the entry within the meaning of the statute if (1) the shipment is accompanied by a declaration of the donor and a duly designated officer of the armed forces executed substantially in the following form: I certify that I am a member of the armed forces of the United States on duty outside the continental limits of the United States, that the following-described articles in this parcel are being sent as bona fide gifts from me, that they were purchased in accordance with regulations prescribed by the major geographical command of the armed forces from which sent, and that the amounts listed below are the actual amounts paid for such articles: (Officer designated by local commander to execute the foregoing declaration in accordance with current rules and regulations or if (2) such a declaration, adequately describing and identifying the articles, is subsequently filed at the customhouse, and the entry, if liquidated, can be reliquidated in accordance with section 514, Tariff Act of 1930, or section 520 (c) of the tariff act, as amended, and § 16.14 of this chapter. (c) The declaration provided for in paragraph (b) (1) of this section shall be retained by customs officers, or, if af |