Federal Register - September 8, 1939
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Source: Federal Register
FEDERAL REGISTER, Friday, September 8, 1939
the United Kingdom, India, Australia and New Zealand, provided, however, that travel on or over the north Atlantic Ocean, east of 30 degrees west and north of 30 degrees north or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when spe cifically authorized by the Secretary of State in each case.
New Zealand, under the authority of sec tion 1 of the said joint resolution, thereby making effective in respect to those coun tries the provisions of section 3 of the said joint resolution quoted above.
Section 11 of the said joint resolution provides as follows:
Sec. XI. The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be neces sary and proper to carry out any of the pro seal C ordell H ull , visions of this Act; and he may exercise any Secretary of State.
power or authority conferred on him by this.
Act through such officer or officers, or agency P. R. Doc. 393289; Piled, September 7, 1939; or agencies, as he shall direct.
1:37 p. m.
R ules and R egulations G overning the S olicitation and C ollection of C on
tributions for U se in F rance; G er m any ; P oland; and the U nited K ing
dom, I ndia, A ustralia, and N ew Zea land
Section 3 of the joint resolution of Congress approved May 1, 1937, Pub lic ResolutionNo. 2775th Congress First Session amending the joint reso lution approved August 31, 1935, as amended, provides in part as follows;
a Whenever the President shall have is sued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the gov ernment of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the gov ernment of any such state, or of any fac tion or asserted government within any such state wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit to any such government, political subdivision, faction, asserted government or person, or to solicit or receive any contribution for any such gov ernm ent, political subdivision, faction, as serted governm ent or person: Provided, T hat N othing in th is subsection shall be construed to prohibit th e solicita tion or collection t>f fu n d s to be used far m edical aid and assistance, or fo r food and clothing to relieve hum an suffering, w hen such solicitation or collection o f fu n d s is m ade on behalf o f a n d for use by any per son or organization w hich is n o t acting for or on behalf o f any such governm ent, p o lit ical subdivision, faction, or asserted govern m ent, b u t all sitch solicitations and collec tio n s o f fu n d s shall be su b ject to th e ap proval o f th e P resident and shall be made under such rules and regulations as he shall prescribe. Italics supplied.
c Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or Imprisoned for not more than five years, or both. Should the violation be by a corporation, organiza tion, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.
On September 5, 1939, the President issued a proclamation in respect to France; Germany; Poland; and the United Kingdom, India, Australia, and
The Presidents proclamation of Sep tember 5, 1939, referred to above, issued pursuant to the provisions of section 1
of the above-mentioned joint resolution provides in part as follows:
And I do hereby delegate to the Sec retary of State the power to exercise any power or authority conferred on me by the said joint resolution, a made effec tive by this my proclamation issued thereunder, and the power to promul gate such rules and regulations not in consistent with law as may be necessary and proper to carry out any of its provi sions.
In pursuance of those provisions of the law and of the Presidents proclama tion of September 5, 1939, which are referred to above, the Secretary of State promulgates the following regulations:
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session a notice from the Secretary of State of acceptance of registration which has not been revoked; Provided, how ever, That nothing in this regulation shall be construed as requiring a duly authorized agent of a registrant to have in his possession a notice of acceptance of registration. Chapters named in the parent organizations registration may, of course, operate under this registra tion. Notices of acceptance of registra tion shall not be exhibited, used, or re ferred to, in any manner which might be construed as implying official endorse ment of the persons engaged in the solic itation or collection of contributions.
5 All persons registered with the Secretary of State must maintain for his inspection or that of his duly au thorized agent, complete records of all transactions in which the registrant engages.
6 Persons receiving notification of acceptance of registration shall submit to the Secretary of State not later than the tenth day of every month following the receipt of such notification sworn statements, in. duplicate, on the form provided therefor setting forth fully the information called for therein 7 The Secretary of State reserves the right to reject applications or to re voke registrations for failure on the part of the registrant to comply with the pro visions or purposes of the law or of these regulations.
8 A registrant may act as an agent for the transmittal abroad of funds re ceived by another registrant but such funds shall not be accountable as con tributions received by the transmitting registrant.
9 Any changes in the facts set forth in the registrants application for regis tration, such as change of address, of officers, or of means of distribution abroad, should be reported promptly to the Secretary of State in the form of a supplemental application, in duplicate, properly sworn to.
10 In view of the purposes and spe cial status of The American National Red Cross as set forth in the Act of Congress approved January 5, 1905, en titled An Act to incorporate the Ameri can National Red Cross 33 Stat. 599, and particularly in view of the fact that it is required by aw to submit to the Secretary of War for audit a full, com plete, and itemized report of receipts and expenditures of whatever kind, so th at the submission to the Secretary of State of reports of funds received and ex pended would constitute an unnecessary duplication, The American National Red Cross is mot required to conform to the provisions of these regulations.
1 The term person as used herein and in the Act of May 1, 1937, includes a partnership, company, association, or ganization or corporation as well as a natural person.
2 Any person within the United States, its territories, insular possessions including the Philippine Islands, the Canal Zone, and the District of Columbia who desires to engage in the solicitation or collection of contributions to be used for medical aid and assistance in France;
Germany; Poland; or the United King dom, India, Australia and New Zealand, or for food and clothing to relieve human suffering in any of those countries, and who is not acting for or on behalf of the governments of France; Germany; Po land; or the United Kingdom, India, Australia and New Zealand, or any politi cal subdivision of any of such countries, shall register with the Secretary of State.
To this end, such person shall make ap plication to the Secretary of State upon the form provided therefor.
3 Organizations or associations hav ing chapters shall list them in their ap plication for registration and shall set forth therein the addresses of such chap ters. In case chapters are formed after the registration of the parent organiza tion, the parent should immediately in seal Cordell H ull , form the Secretary of State in order that Secretary of State.
its registration may be amended to name S eptember 5, 1939.
tiie new chapter or chapters.
4 No person shall solicit or collect P. R. Doc. 39-3290; Piled, September 7, 1939;
contributions without having in his pos 1:38 p. m.