https://www.citizensoftheamericanconstitution.org/IRS/IRS%201040%20found%20not%20legal%20in%20Court.htm

IRS 1040 found not legal in Court

Once and for all the truth in court has prevailed regarding the infamous 1040 form. As the email below this article will state, the 1040 form was never validated by congress, by correctly formatting or creating statutes or any other regulations to validate the 1040 form as the absolute correct form for us as citizens of the United States of America to have to mandatorily use. Our government has let the IRS get away with this violation of law for decades. WHY??? What else the almighty TAX DOLLAR.!!!! (Pull up Grace Commission Report on internet to validate no taxes we pay goes to the US Treasury, it all goes to the Federal Reserve Bank, a private bank).

If the truth as it has finally been brought to light had been known by our forefathers as well as ourselves, we would of course refused to use an illegal document that requires us to sign under duress because of the penalty of perjury signature. Now that this has been put on Public Record we all can use it to better our position of validating that we as Citizens of the States, living in the United States of America, are not required to file using the 1040 form. So, since this is true and if we really are required to file, what form are we to use???????? The simple secret is we are not required to use any form because our source of income is not a taxable source, if it is, then what form are we to use since the 1040 form is not a legal form for us to use???

Can we be compensated for the illegal use of this form forced upon us by the strong-arming of the IRS with the permission of our own government?? Yes, we can. Please see Title 26 sections 7214 and 7433 of the Internal Revenue Code. Of course by using these codes we would be required to have to go to court so the big question is, is there an administrative remedy that can get us our just compensation for the illegal actions of the IRS??? YES THERE IS !!!!!!!!!!!!

Since the IRS is a foreign corporation from Puerto Rico and by forcing us to pay taxes by illegal liens, levies, and garnishments and the now illegal 1040 form, according to the Supreme Court Case of Cleopatra Haslipetal v. Pacific Mutual Life Insurance Inc,(See attachment) compensatory damages and Punitive damages can be acquired. For further information call 480-558-3346.

There is one statement I have always adhered to and now with this new case coming to the forefront ha been confirmed " THE TRUTH SHALL MAKE YOU FREE". It is truly wonderful that by the true due diligence of the fine people in the article below, this statement has magnified itself. Always the true truth can and does provide you with the freedom we all deserve.

May the Lord continue to allow the truth to be resurrected and discovered so that the creators of our governments wonderful Constitution of our Rights can continue to validate that government is to be used to help the people not to rule and destroy them.

Les H/ Father of 10

.Date: Mon, 23 May 2005 17:29:45 -0700 (PDT)

Sent: Saturday, May 21, 2005 10:37 PM
Subject: [citizensoftheUSofA] In case you've not seen it.

Add Yourself to Our e-Mail List!

May 21, 2005

Hard Evidence That Form 1040
Has NO Legal Basis In Law

IRS Withdraws Criminal Allegation,
Tax Convict Walks Free

Although the People's war against the income tax fraud and IRS abuse
has been lengthy and daunting and has left many freedom fighters
across our nation battered and bankrupt, there are continuing signs
that the tide of tyranny may finally be meeting effective resistance.

On April 12th 2005, William Wallace Lear of Muskegon Michigan
appeared in federal District Court in Grand Rapids to face IRS
charges claiming Lear had violated the terms of his probation.
William Lear had served one year in a federal detention facility in
Minnesota following his conviction in 2002 for Willful Failure to
File income tax returns (a misdemeanor). His probation began in
March, 2004.

The basis for the probation violation hearing was an IRS claim that
Lear failed to abide by the strict terms of his probation which
included the requirement that he file all his delinquent tax returns
and pay all back taxes and penalties owed.

Just as the hearing before Judge Gordon Quist began, the DOJ
attorneys moved to dismiss the IRS's probation violation claim
against Lear that would have sent him back to prison.

Although Lear had filed his missing returns signing them "under
duress" (which IRS does not allow) and failed to pay the taxes owing
on those returns, Judge Quist signed an order, completely releasing
Lear from federal custody. As of April 12th, Lear has been a free man.

An important question remains: Why? Why would the IRS and DOJ walk
away from a golden opportunity to make headlines and send a convicted
tax protester back to prison?

Before answering the question, let's review some of the key
developments leading up to the April 12, 2005 probation violation
hearing.

After serving his 1-year sentence and after his return to his home in
Michigan to fulfill his probation, Bill Lear and his wife Rose "dug
back in" and continued to review the extensive body of legal research
that had originally caused Bill Lear not to file.

During the summer of 2004, they constructed a "Challenge of
Authority" document relying on legal material from various sources
including comprehensive research posted by WTP in May 2004 and that
has since been sent repeatedly by the Foundation (and others) to
various officials of the U.S. government, including the President's
current Advisory Panel on Federal Tax reform.

This research conclusively documents that IRS has no legal authority
to impose taxes on the wages and salaries of ordinary Americans.
Particularly damaging in the challenge was recently archived
documentation from the government itself clearly showing that IRS
Form 1040 is a "proposed" information form and that there is no legal
authority cited for its use.

On October 4, 2004, during a meeting in the offices of their
Congressional Representative Peter Hoekstra, the Lears formally
served their Challenge of Authority on three IRS agents and engaged
in a significant discussion about the limits of their authority. The
IRS agents refused to respond to the challenge document simply
stating that it is not the "practice" of IRS to respond to such
requests.

What the agents did not know, however, was that two weeks earlier, on
September 24th, the Lears had also filed the same document as a
formal public legal record in their local county courthouse at the
Registrar of Deeds.

On February 28, 2005, after additional contacts with IRS officials in
which Bill Lear repeatedly asked for IRS to provide specific legal
guidance to him so he could know which tax form the law required him
to fill out, and thereby comply with the terms of his probation, the
Lears again confronted the IRS agents in a meeting in Rep. Hoekstra's
office.

At that meeting, and after a heated discussion with IRS agents,
confronting them with government documents and evidence clearly
showing Form 1040 has no authority in law, IRS ended the discussion
and told Lear that the law required him to use "Form 1040" to file
his returns.

Frustrated into agitation with the exchange, IRS Agent J. McWilliams
finally stated that Lear "wasn't cooperating with the IRS", and that
Lear was "going back to prison."

On March 2, and just days before Lear's probation was due to expire,
IRS filed a probation violation complaint with the federal probation
office. Lear was promptly served Notice of the hearing that could
send him back to prison.

On March 4, the Lears filed a Habeas Corpus regarding the original
conviction.

On March 9, Lear filed a pleading answering the alleged violation of
probation.

On March 10, Lear also decided to "hedge his bet" and filed the
delinquent tax returns, but signed the tax forms "under duress."

On March 14, 2005 - Lear appeared before Magistrate Joseph G. Scoville
who found cause for the violation and sent the case to Judge Quist
for a formal hearing.

It should be noted that IRS routinely rejects tax returns
signed "under duress" due to the obvious due process implications
related to the use of force, threat of force, or other intimidation
to coerce an individual to swear to a statement made under "penalties
of perjury." It should be further noted that although required by the
terms of his probation, Lear did not make any payment toward the
alleged taxes or penalties due for the returns he was convicted for
willfully failing to file.

Finally, on March 21st, the Lears filed a Motion to Quash the Release
Revocation Hearing. Contained within this motion was the
formal "Challenge of Authority" document that had been previously
recorded in their local county courthouse as a legal public record.

On April 12, Lear and his wife Rose appeared in court for Bill's
probation violation hearing.

Instead of publicly confronting the merits of the alleged probation
violation and asking the court to send a "recalcitrant tax convict"
back to prison, attorneys for the DOJ and IRS withdraw their
complaint alleging the probation violation.

WHY?

Because under Rule 902 of the Federal Rules of Evidence, a court
cannot deny the admissibility of relevant evidence consisting of
certified copies of public legal records as they are presumed to be
self-authenticating and valid as evidence.

Here is the text of Rule 902, sub-paragraph (4):

Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required with respect to the following:

(4). Certified copies of public records. A copy of an official record
or report or entry therein, or of a document authorized by law to be
recorded or filed and actually recorded or filed in a public office,
including data compilations in any form, certified as correct by the
custodian or other person authorized to make the certification.

In other words, in facing a public criminal hearing where the
contents of Lear's "Challenge of Authority" were, without argument,
directly relevant to Lear's alleged violation, and knowing the
District Court could not deny their admittance as evidence, the DOJ
was faced with two unpleasant alternatives: either A) produce IRS
witnesses to explain away government documentation clearly showing
IRS Form 1040 is not a legally authorized form, or B) walk away from
the probation violation hearing.

IRS walked.

Rather than take a potential headline-making opportunity to publicly
chastise and send a convicted tax protester who had dared – even
after conviction -- to continue questioning the legal authority of
the government back to prison, the IRS and DOJ instead withdrew their
criminal complaint, thereby avoiding having to confront – on the
record – the damning evidence contained in Lear's formal "Challenge
of Authority" document.

By withdrawing the IRS complaint against Lear, DOJ avoided having to
publicly rebut Lear's legal research and avoided being forced to cite
the government's legal authority to enforce the federal income tax.

On April 25th, despite the facts that Lear had filed defective
returns signed "under duress" and also failed to pay the taxes and
penalties owed for the returns he was convicted for failing to file,
Judge Quist signed a formal order completely freeing Bill Lear from
the terms of his probation.

The Sixth Circuit Court of Appeals in Cincinnati, Ohio is currently
considering whether to certify Lear's most recent Habeas Corpus
motion to vacate his conviction. That motion is also based upon the
new legal research contained in his "Challenge of Authority."


The Hard Evidence That
Form 1040 Has No Legal Authority

In their "Challenge of Authority" document, the Lears provide hard
documentary evidence that IRS Form 1040 has NO legal authority.

This evidence was presented by contrasting archived government
documents that have been filed pursuant to the federal Administrative
Procedures Act (APA) and Paperwork Reduction Act (PRA).

Under the PRA, each and every government form that is used to collect
information from the general public under law must be linked to its
authorizing statutes and implementing regulations and have a valid
Office of Management and Budget "OMB" Form number. This requirement
of law provides an orderly means to identify which statutes,
regulations and forms are related.

As one item of evidence, the Lears produced a stamped copy of a 1987
Treasury Department document entitled, "Request for OMB Review" which
is required by the Paperwork Reduction Act. The request was for IRS
Form "1040-NR", the tax form used by Non-Resident Aliens to report
their "income".

Several things about this document are noteworthy:

The form used for the request is OMB Form "83"

On line 5 of Form 83, the administrative requester is required to
cite the statutes actually authorizing the collection of the
information. The authorizing statutes are, in fact, cited.

On line 27 of Form 83, the administrative requester is required to
cite the regulations actually authorizing the collection of the
information. The authorizing regulations are, in fact, cited.

Click Here to See the "OMB Form 83" Treasury request
for IRS Form 1040-NR for use by Non-Resident Aliens

Here's where it gets very interesting:

The "Challenge of Authority" document also contains a similar
Treasury PRA request from 1996, but this one is for the "regular" IRS
Individual Form 1040 that millions of Americans file each year.

This Treasury administrative request is not made on OMB "Form 83" ----
but rather using an alternate OMB form, "83-1" titled, "Paperwork
Reduction Act Submission".

Several very important differences between the OMB request forms need
to be noted:

OMB Form 83-1 does NOT require any specific citation of statutory
authority.

OMB Form 83-1 does NOT require any specific citation of regulatory
authority.

In the "Certification" box found on page 2 of Form 83-1, there are
specific references to
both PRA Regulations "5 CFR 1320.9" and "5 CFR 1320.8(b)(3)."

The attachments to this OMB Form 83-1 request consist primarily of a
list of Title 26 (Income Tax) regulations and statutes that are
merely (quoting) "associated" with IRS Form 1040.

Click here to see the Treasury request using
OMB Form 83-1 for the IRS Individual "Form 1040"

Here's the punch line:

IRS Form 1040-NR (for Non-Resident Aliens) is certified as complying
with the requirements of the PRA found at regulation 5 CFR 1320.8. In
its request to the OMB for IRS Form "1040-NR", the Department of
Treasury (IRS) clearly cites both the statutory and regulatory
authorities authorizing the use of the form to collect information
and certifies its request as such.

Click Here to read the Paperwork Reduction Act (PRA) form
disclosure requirements found at 5 CFR 1320.8.

Please specifically note that for the Treasury's request using
alternative OMB Form 83-1 for IRS Individual Form 1040, the Treasury
has formally certified the request under regulation 5 CFR 1320.9,
which is explicitly reserved for "PROPOSED" government forms.

Printed just below is the title header for federal regulation "5 CFR
1320.9":

[Code of Federal Regulations]
[Title 5, Volume 3]

[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5 CFR 1320.9]

[Page 155]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER III--OFFICE OF MANAGEMENT AND BUDGET

PART 1320_CONTROLLING PAPERWORK BURDENS ON THE PUBLIC--Table of
Contents

Sec. 1320.9 Agency certifications for proposed collections of
information.

As part of the agency submission to OMB of a proposed collection
of information, the agency (through the head of the agency,
the Senior Official, or their designee) shall certify
and provide a record supporting such certification)
that the proposed collection of information [...]

In short, if IRS Individual Form 1040 were actually authorized under
U.S. law, the Department of Treasury would have submitted it for OMB
certification using OMB "Form 83" which requires explicit citation of
the form's authorizing statutes and regulations.

Instead, the IRS used alternative OMB Form "83-1" -- which is
designated ONLY for "proposed" government forms – and which does NOT
require any formal citation of legal authority allowing its use.

Furthermore, even though an attachment to the Treasury's request for
IRS Form 1040 (on OMB Form 83-1) contains a lengthy list of statutes
and regulations, and "Box 12" on the form is marked indicating the
form is "mandatory", a careful reading of the submission to OMB will
make it clear that the Department of Treasury is ONLY certifying
that:

Form 1040 is a "proposed form" and that, IF authorized, it would meet
the collection criteria established by regulation 5 CFR 1320.9, and

That Form 1040 is only "associated" with the statutes and regulations
cited in the 1040 request, and

If Form 1040 were actually authorized by law, it would
be "mandatory".

As a final observation, it should be noted that both the 1987 Form
1040-NR request as well as the 1996 Form 1040 request were signed by
the same IRS officials, one Garrick R. Shear, the IRS Reports
Clearance Officer and one Lois K. Holland as/for the Departmental
Reports Management Officer. Lear's pleadings contain additional OMB
certifications, also signed by Shear & Holland.

In short, the Department of Treasury's clear and willful intent to
use OMB Form 83-1 (rather than OMB Form 83) to legally certify IRS
Individual Form 1040 as a valid government document, is compelling
proof establishing that IRS Form 1040 is merely a PROPOSED tax form,
and that there is NO LEGAL AUTHORITY that authorizes its use.


A Nation of Law?

Who is going to Police the federal judges to see that they do their duty? Do you think that 'JAIL' (Judicial Accountability, etc.) will ever pass?

Subject: FW: States & Agents NOT Immune To Suit...

From: edj <edj@net-link.net
To: Allen Metzger <allenmetzger@charter.net
Subject: States & Agents NOT Immune To Suit...
Date: Mon, 19 Sep 2005 16:43:05 -0400

Message: 2

Date: Sun, 18 Sep 2005 18:44:55 -0000

From: "John Hughes" <jeffecito@dslextreme.com

Subject: States & Agents NOT Immune To Suit

I found the following on www.landrights.com

Normally, a state asserts the "11th Amendment" immunity privilege

against lawsuits, and walks away from almost every conceivable type

of action for violating common sense and people's rights, thereby

continuing the myth that there's really not much that can be done

about the horrors of social injustice, except lobbying, petitioning,

and other types of slow, lame, and tame methods that account for

very little change, if at all...

NOTHING COULD

BE FURTHER FROM THE *REAL* TRUTH OF WRITTEN FEDERAL

LAW!

Here's the gist of the real truth: States ARE typically immune from

suit, but they are expressly NOT immune from suits involving

situations related to

incidents involving ANY program that receives

assistance in federal funding!!! (In other words, virtually

everything associated with "family courts", including judges, social

workers, agencies, and the entire processes themselves...)

See the first

paragraph of 42 USC 2000d to learn the TRUTH!

Below is a large list of federal laws that specifically WAIVE state

immunity whenever there is discrimination on race, color, religion,

age, sex, handicap, national origin, and other forms,

and/or

violations of civil and/or constitutional rights, and/or violations

against their own duties under law... and still, there are even more

such "exceptions". The below is only a sampling...

These laws provide TWO things: (1) they establish a federal *right*,

and (2) they open a door for suit.

The wide-open definition of what state "programs or activities" are

open to suit is 42 USC 2000d-4a

(Note: all of the following hyperlinked constitutional amendments,

laws, and US Supreme Court case decisions come from:

https://www.law.cornell.edu and https://www.findlaw.com

When state officials, officers, and/or employees have violated your

civil rights, they have committed a breach of 18 USC 242 (the

individual criminal act against civil rights); If they acted

together in any way, then it has become a breach of 18 USC 241 (the

criminal conspiracy...); Violation of 242 is punishable by up to ONE

YEAR in fed prison, while violation of 241 is punishable by up to

TEN YEARS in fed prison... (i.e., it really IS a *federal crime* to

violate, deprive, or interfere with ANY civil rights, OR

any "regular" rights secured by ANY federal law)

This includes violating not only your more commonly

known "Constitutional Rights", but also the various civil

rights

and "regular" statutory rights that are sampled below for you...

(AGAIN, there are MORE of them, and they were meant to protect

you!). See also 28 USC 1652

IMPORTANT TO KNOW!:

Since WE are not official government

prosecutors, WE cannot directly file charges against those wayward

government officers ourselves... BUT, under federal law, we COULD

force federal judges to have them arrested and prosecuted! After

anyone violates any of your civil rights (see 18 USC 241 and 242

above, and this entire page...), YOU do your duty to report the

crime directly to (any) federal judge, under 18 USC 4, then the

federal statute 42 USC 1987

legally forces the federal judge to

ensure criminal prosecutions. Note: this federal statute has been

revised several times over the years, so to the average layman there

would not readily appear to be any so-called "right" to actually

enforce such prosecution, but click on the "Notes" link to the right

of the main statute body, and see the (last sentence of

the) "References in Text", which confirms that the "Revised

Statutes" discussed in the main statute do INDEED mean guaranteed

prosecution for crimes under 18 USC 241 and 242 - i.e., for ALL

crimes against (i.e., ANY deprivations of) our various rights!!!

But, seeking criminal prosecutions are remedies that are in addition

to the option

of personally suing for monetary damages under any

and/or all of the following civil laws (and - again - there are

others...):

42 USC 1981 Equal rights under the law

42 USC 1983 Civil action for deprivation of rights (the

typical "1983" action comes from this statute)

42 USC 1985 Conspiracy to interfere with civil rights

42 USC 1986 Action for neglect to prevent (i.e., to prevent

interference with civil rights)

42 USC 1988 Proceedings in vindication of civil rights

42 USC 2000b-2 Personal suits for relief against discrimination in

public facilities (like state courts!!!)

42 USC 2000d Prohibition against exclusion from participation

in,

denial of benefits of, and discrimination under federally assisted

programs on ground of race, color, or national origin (NOTE: the US

Supreme Court has added "sex" [gender] to the list of discrimination

types this law prohibits... NOTE: "federally assisted programs" are

all over the place within every state's systems, with matching funds

being paid to the states for all kinds of things for courts,

prosecutors, and virtually all

state agencies!!! Get the picture?

Legally, they're ALL on the hook!)

42 USC 2000d-7 Civil rights remedies equalization this is what is

quoted at top... NOTICE the "all-encompassing" part that says: "or

the provisions of any other Federal statute prohibiting

discrimination by recipients of Federal financial assistance."

of course, the rights to press criminal charges, and the rights to

file suit for damages, also includes ALL of your rights guaranteed

under the US Const, especially: the 1st through 10th Amendments <the

general "Bill of Rights" plus the 14th Amendment <which duplicates

some of the 5th Amend and adds more, [i.e., Privileges and

Immunities, Due Process, Equal Protection]

plus - ANY and ALL rights existing just under federal law (US Code),

including, but not limited to just the various rights sampled for

you below (again, and again - there's a LOT more...!), regarding

your rightful treatment by, and lawful behavior by, a state court,

virtually ANY state agency, CPS and other forms of

caseworkers/social workers, prosecutors, and just about every other

state employee of the types that we don't especially care for...

All that is required is to determine which TWO federal statutes

apply to particular situations (our arguments) - the statute(s) that

provide federal funding for

the questioned "program or activity",

and the related statute that prohibits discrimination in

that "program or activity"...

Part of our complaints are "global" actions for, essentially,

instant removal of all state family court cases to the jurisdiction

of federal courts (based on the numerous common civil rights

violations), under 28 USC §§ 1441 and 1443, while another large part

of our complaints are our

solid constitutional arguments regarding

all "fit" parents' natural, and equal, fundamental rights to

the "care, custody, and management" of their children.

Here are some examples of the various rights that we all have under

federal law (US Code) - again, this does NOT include all of the

various Constitutional Rights, which will also be used, of course:

1. Petitioner's Class have inherent federal question rights,

under the guarantees of 42 USC § 2000a, to full and equal

lawful

treatment in a state court of law, and according to the various

protections under the U.S. Constitution.

2. Petitioner's Class have inherent federal question rights,

under the

protections of the Civil Rights Act of 1964, 42 USC §

2000d, et seq., and as interpreted by the U.S. Supreme Court to

include prohibitions against discrimination based on sex or gender,

to now remove all suspect instant state proceedings, under 28 USC §§

1441 and 1443, in order to be free from the denial of such

equal

civil rights and treatment established by the above allegations. See

also 42 USC § 2000d-7.

3. Petitioner's Class have inherent federal question rights,

under the protections of

42 USC §§ 3617 and 3631, which include

prohibitions against discrimination based on sex or gender, to

remove all suspect instant state proceedings, under 28 USC §§ 1441

and 1443, in order to be free from the denial of such equal civil

rights and treatment established by the above allegations. See also

42 USC § 2000d-7.

4. Petitioner's Class have further inherent federal question

rights, under the protections of 42 USC § 5891, which include

prohibitions against discrimination based on sex or gender regarding

other matters and allegations expressed supra, to remove all suspect

instant state proceedings, under 28 USC §§ 1441 and 1443, in order

to be free from the denial of such equal civil rights and

treatment

established by the above allegations. See also 42 USC §§ 5106a

(Grants to States for child abuse and neglect prevention and

treatment programs), 5106c (Grants to States for programs relating

to investigation and prosecution of child abuse and

neglect cases),

10406 (Discrimination prohibited in Family Violence Prevention and

Services), 10420 (Safe havens for children pilot program), 10701

(Definitions - regarding state activity in domestic violence, false

imprisonment, and abuse of a minor), and etc.

5. Petitioner's Class have further inherent federal question

rights not to be discriminated as articulated according to the above

allegations, and against the expressed public policy of the United

States of America, by and through certain Acts of Congress

strictly

specifying the critical value of protecting children, youth, and

family bonds, and the joint responsibilities of federal courts

therein. See 42 USC §§ 12301, 12351, 12352, 12371, 12635, and etc.

6.

Petitioner's Class have further inherent federal question

rights to ensure that their minor children are free from

experiencing abuse and/or neglect, due to unlawful sex or gender

discrimination in awards of child custody, and to ensure that any

involved state judicial systems have met or exceeded their required

corresponding duties under 42 USC §§ 13001, 13003, 13021, 13031, and

etc.

7. Petitioner's Class have further inherent federal question

rights, under 42 USC § 14141, to be free from unlawful violations of

civil rights committed by any parties, government or otherwise,

involved in such state proceedings.

The common result

?

There are many wide-open doors to sue the states for violating their

duties and our rights, and there is absolutely NO immunity for the

states, in ANY way, shape, or form...

Subject: 44usc

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY

U.S. Code as of: 01/26/1998

Sec. 3512. Public protection

(a) Notwithstanding any other provision of law, no person shall

be subject to any penalty for failing to comply with a collection

of information that is subject to this chapter if -

(1) the collection of information does not display a valid

control number assigned by the Director in accordance with this

chapter; or

(2) the agency fails to inform the person who is to respond to

the collection of information that such person is not required to

respond to the collection of information unless it displays a

valid control number.

(b) The protection provided by this section may be raised in the

form of a complete defense, bar, or otherwise at any time during

the agency administrative process or judicial action applicable

thereto.

Source

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181.)

PRIOR PROVISIONS

A prior section 3512, added Pub. L. 96-511, Sec. 2(a), Dec. 11,

1980, 94 Stat. 2822, related to protection of persons failing to

maintain or provide information if information collection request

did not display current control number prior to the general

amendment of this chapter by

Pub. L. 104-13.

Another prior section 3512, added Pub. L. 93-153, title IV, Sec.

409(b), Nov. 16, 1973, 87 Stat. 593, related to information for

independent regulatory agencies, prior to the general amendment of

this chapter by Pub. L. 96-511.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 57b-2; title 31

section 3811.

TITLE 50, APPENDIX 7

§ 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 citizen residing outside of the United States, of any ally of any nation with which the United States is at war, together with the amount of stock or shares owned by each such officer, director, or stockholder, or in which he has any interest.

The President may also require a similar list to be transmitted of all stock or shares owned on February third, nineteen hundred and seventeen, by any person now defined as an enemy or ally of enemy, or in which any such person had any interest; and he may also require a list to be transmitted of all cases in which said corporation, association, company, or trustee has reasonable cause to believe that the stock or shares on February third, nineteen hundred and seventeen, were owned or are owned by such enemy or ally of enemy, though standing on the books in the name of another: Provided, however, That the name of any such officer, director, or stockholder, shall be stricken permanently or temporarily from such list by the alien property custodian when he shall be satisfied that he is not such enemy or ally of enemy.

Any person in the United States who holds or has or shall hold or have custody or control of any property beneficial or otherwise, alone or jointly with others, of, for, or on behalf of an enemy or ally of enemy, or of any person whom he may have reasonable cause to believe to be an enemy or ally of enemy and any person in the United States who is or shall be indebted in any way to an enemy or ally of enemy, or to any person whom he may have reasonable cause to believe to be an enemy or ally of enemy, shall, with such exceptions and under such rules and regulations as the President shall prescribe, and within thirty days after the passage of this Act [Oct. 6, 1917], or within thirty days after such property shall come within his custody or control, or after such debt shall become due, report the fact to the alien-property custodian by written statement under oath containing such particulars as said custodian shall require. The President may also require a similar report of all property so held, of, for, or on behalf of, and of all debts so owed to, any person now defined as an enemy or ally of enemy, on February third, nineteen hundred and seventeen: Provided, That the name of any person shall be stricken from the said report by the alien property custodian, either temporarily or permanently, when he shall be satisfied that such person is not an enemy or ally of enemy. The President may extend the time for filing the lists or reports required by this section for an additional period not exceeding ninety days.

(b) Nothing in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] contained shall render valid or legal, or be construed to recognize as valid or legal, any act or transaction constituting trade with, to, from, for or on account of, or on behalf or for the benefit of an enemy performed or engaged in since the beginning of the war and prior to the passage of this Act [said sections] or any such act or transaction hereafter performed or engaged in except as authorized hereunder, which would otherwise have been or be void, illegal, or invalid at law. No conveyance, transfer, delivery, payment, or loan of money or other property, in violation of section three hereof [section 3 of this Appendix], made after the passage of this Act [Oct. 6, 1917] and not under license as herein provided shall confer or create any right or remedy in respect thereof; and no person shall by virtue of any assignment, indorsement, or delivery to him of any debt, bill, note, or other obligation or chose in action by, from, or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, or perform the same unless said assignment, indorsement, or delivery was made prior to the beginning of the war or shall be made under license as herein provided, or unless, if made after the beginning of the war and prior to the date of passage of this Act [Oct. 6, 1917], the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, or other obligation or chose in action shall, on conviction thereof, be deemed to violate section three hereof [section 3 of this Appendix]: Provided, That nothing in this Act [said sections] contained shall prevent the carrying out, completion, or performance of any contract, agreement, or obligation originally made with or entered into by an enemy or ally of enemy where, prior to the beginning of the war and not in contemplation thereof, the interest of such enemy or ally of enemy devolved by assignment or otherwise upon a person not an enemy or ally of enemy, and no enemy or ally of enemy will be benefited by such carrying out, completion, or performance otherwise than by release from obligation thereunder.

Nothing in this Act [said sections] shall be deemed to prevent payment of money belonging or owing to an enemy or ally of enemy to a person within the United States not an enemy or ally of enemy, for the benefit of such person or of any other person within the United States, not an enemy or ally of enemy, if the funds so paid shall have been received prior to the beginning of the war and such payments arise out of transactions entered into prior to the beginning of the war, and not in contemplation thereof: Provided, That such payment shall not be made without the license of the President, general or special, as provided in this Act [said sections].

Nothing in this Act [said sections] shall be deemed to authorize the prosecution of any suit or action at law or in equity in any court within the United States by an enemy or ally of enemy prior to the end of the war, except as provided in section ten hereof [section 10 of this Appendix]: Provided, however, That an enemy or ally of enemy licensed to do business under this Act [said sections] may prosecute and maintain any such suit or action so far as the same arises solely out of the business transacted within the United States under such license and so long as such license remains in full force and effect: And provided further, That an enemy or ally of enemy may defend by counsel any suit in equity or action at law which may be brought against him.

Receipt of notice from the President to the effect that he has reasonable ground to believe that any person is an enemy or ally of enemy shall be prima facie defense to any one receiving the same, in any suit or action at law or in equity brought or maintained, or to any right or set-off or recoupment asserted by, such person and based on failure to complete or perform since the beginning of the war any contract or other obligation. In any prosecution under section sixteen hereof [section 16 of this Appendix] proof of receipt of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy or ally of enemy shall be prima facie evidence that the person receiving such notice has reasonable cause to believe such other person to be an enemy or ally of enemy within the meaning of section three hereof [section 3 of this Appendix].

(c) If the President shall so require any money or other property including (but not thereby limiting the generality of the above) patents, copyrights, applications therefor, and rights to apply for the same, trade marks, choses in action, and rights and claims of every character and description owing or belonging to or held for, by, on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owning or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or the same may be seized by the Alien Property Custodian; and all property thus acquired shall be held, administered and disposed of as elsewhere provided in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

Any requirement made pursuant to this Act [said sections], or a duly certified copy thereof, may be filed, registered, or recorded in any office for the filing, registering, or recording of conveyances, transfers, or assignments of any such property or rights as may be covered by such requirement (including the proper office for filing, registering, or recording conveyances, transfers, or assignments of patents, copyrights, trade-marks, or any rights therein or any other rights); and if so filed, registered, or recorded shall impart the same notice and have the same force and effect as a duly executed conveyance, transfer, or assignment to the Alien Property Custodian so filed, registered, or recorded.

Whenever any such property shall consist of shares of stock or other beneficial interest in any corporation, association, or company or trust, it shall be the duty of the corporation, association, or company or trustee or trustees issuing such shares or any certificates or other instruments representing the same or any other beneficial interest to cancel upon its, his, or their books all shares of stock or other beneficial interest standing upon its, his, or their books in the name of any person or persons, or held for, on account of, or on behalf of, or for the benefit of any person or persons who shall have been determined by the President, after investigation, to be an enemy or ally of enemy, and which shall have been required to be conveyed, transferred, assigned, or delivered to the Alien Property Custodian or seized by him, and in lieu thereof to issue certificates or other instruments for such shares or other beneficial interest to the Alien Property Custodian or otherwise, as the Alien Property Custodian shall require.

The sole relief and remedy of any person having any claim to any money or other property heretofore or hereafter conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or required so to be, or seized by him shall be that provided by the terms of this Act [said sections], and in the event of sale or other disposition of such property by the Alien Property Custodian, shall be limited to and enforced against the net proceeds received therefrom and held by the Alien Property Custodian or by the Treasurer of the United States.

(d) If not required to pay, convey, transfer, assign, or deliver under the provisions of subsection (c) of this section, any person not an enemy or ally of enemy who owes to, or holds for, or on account of, or on behalf of, or for the benefit of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any money or other property, or to whom any obligation or form of liability to such enemy or ally of enemy is presented for payment, may, at his option, with the consent of the President, pay, convey, transfer, assign, or deliver to the alien property custodian said money or other property under such rules and regulations as the President shall prescribe.

(e) No person shall be held liable in any court for or in respect to anything done or omitted in pursuance of any order, rule, or regulation made by the President under the authority of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

Any payment, conveyance, transfer, assignment, or delivery of money or property made to the alien property custodian hereunder shall be a full acquittance and discharge for all purposes of the obligation of the person making the same to the extent of same. The alien property custodian and such other persons as the President may appoint shall have power to execute, acknowledge, and deliver any such instrument or instruments as may be necessary or proper to evidence upon the record or otherwise such acquittance and discharge, and shall, in case of payment to the alien property custodian of any debt or obligation owed to an enemy or ally of enemy, deliver up any notes, bonds, or other evidences of indebtedness or obligation, or any security therefor in which such enemy or ally of enemy had any right or interest that may have come into the possession of the alien property custodian, with like effect as if he or they, respectively, were duly appointed by the enemy or ally of enemy, creditor, or obligee. The President shall issue to every person so appointed a certificate of the appointment and authority of such person, and such certificate shall be received in evidence in all courts within the United States. Whenever any such certificate of authority shall be offered to any registrar, clerk, or other recording officer, Federal or otherwise, within the United States, such officer shall record the same in like manner as a power of attorney, and such record or a duly certified copy thereof shall be received in evidence in all courts of the United States or other courts within the United States.

(Oct. 6, 1917, ch. 106, § 7, 40 Stat. 416; Nov. 4, 1918, ch. 201, § 1, 40 Stat. 1020.)

AMENDMENTS

1918--Subsec. (c). Act Nov. 4, 1918, amended subsec. (c) generally, inserting provisions on recording of property transfers, cancellation of enemy owned stock by corporations, and restriction of claims to relief provided by terms of the Act.

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.

CROSS REFERENCES

Actions by and against Custodian, see sections 9, 10, 12 and 17 of this Appendix.

Claims to property transferred to Custodian, see section 9 of this Appendix.

Corporations, voting of stock and dividends after seizure, see section 12 of this Appendix.

Enforcement of seizures, see section 17 of this Appendix.

Nature of Custodian's right or title after seizure, see section 12 of this Appendix.

Recovery of property erroneously seized, see section 9 of this Appendix.

Waiver of demand and compromise settlement, see section 29 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

§ 8. Contracts, mortgag

TITLE 50, APPENDIX 5

Subject: who is required everbody

REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5 of this Appendix; title 28 section 2680.

§ 5. Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

(a) The President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of section four hereof [section 4(a) of this Appendix], and to perform any act made unlawful without such license in section three hereof [section 3 of this Appendix], and to file and prosecute applications under subsection (b) of section ten hereof [section 10(b) of this Appendix]; and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compatible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this Act [said sections]; and the President may exercise any power or authority conferred by this Act [said sections] through such officer or officers as he shall direct.

If the President shall have reasonable cause to believe that any act is about to be performed in violation of section three hereof [section 3 of this Appendix] he shall have authority to order the postponement of the performance of such act for a period not exceeding ninety days, pending investigation of the facts by him.

(b)(1) During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise--

(A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and

(B) investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest,

by any person, or with respect to any property, subject to the jurisdiction of the United States; and any property or interest of any foreign country or national thereof shall vest, when, as, and upon the terms, directed by the President, in such agency or person as may be designated from time to time by the President, and upon such terms and conditions as the President may prescribe such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes; and the President shall, in the manner hereinabove provided, require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in this subdivision either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of this subdivision, and in any case in which a report could be required, the President may, in the manner hereinabove provided, require the production, or if necessary to the national security or defense, the seizure, of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.

(2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States, or as otherwise directed, pursuant to this subdivision or any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this subdivision, or any rule, regulation, instruction, or direction issued hereunder.

(3) As used in this subdivision the term "United States" means the United States and any place subject to the jurisdiction thereof: Provided, however, That the foregoing shall not be construed as a limitation upon the power of the President, which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the purposes of this subdivision, for any or all of the terms used in this subdivision. As used in this subdivision the term "person" means an individual, partnership, association, or corporation.

(4) The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 5 of the Export Administration Act of 1979 [section 2404 of this Appendix], or under section 6 of that Act [section 2405 of this Appendix] to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18, United States Code.

(Oct. 6, 1917, ch. 106, § 5, 40 Stat. 415; Sept. 24, 1918, ch. 176, § 5, 40 Stat. 966; Mar. 9, 1933, ch. 1, § 2, 48 Stat. 1; May 7, 1940, ch. 185, § 1, 54 Stat. 179; Dec. 18, 1941, ch. 593, title III, § 301, 55 Stat. 839; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 95-223, title I, § 101(a), 102, 103(b), Dec. 28, 1977, 91 Stat. 1625, 1626; Pub. L. 100-418, title II, § 2502(a)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103-236, title V, § 525(b)(1), Apr. 30, 1994, 108 Stat. 474.)

Codification

Words ", including the Philippine Islands, and the several courts of first instance of the Commonwealth of the Philippine Islands shall have jurisdiction in all cases, civil or criminal, arising under this subdivision in the Philippine Islands and concurrent jurisdiction with the district courts of the United States of all cases, civil or criminal, arising upon the high seas" following "to the jurisdiction thereof:" in subsec. (b)(3) were omitted upon the authority of 1946 Proc. No. 2695, which granted the Philippine Islands independence, and which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse. Proc. No. 2695 is set out as a note under section 1394 of Title 22.

Subsec. (b) is also classified to section 95a of Title 12, Banks and Banking.

AMENDMENTS

1994--Subsec. (b)(4). Pub. L. 103-236 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials, which are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 or with respect to which no acts are prohibited by chapter 37 of title 18, United States Code."

1988--Subsec. (b)(4). Pub. L. 100-418 added par. (4).

1977--Subsec. (b)(1). Pub. L. 95-223, § 101(a), 102, substituted "During the time of war, the President may, through any agency that he may designate, and under such rules and regulations" for "During the time of war or during any other period of national emergency declared by the President, the President may, through any agency, that he may designate, or otherwise, and under such rules and regulations" in provisions preceding subpar. (A), and, in provisions following subpar. (B), struck out "; and the President may, in the manner hereinabove provided, take other and further measures not inconsistent herewith for the enforcement of this subdivision" after "control of such person".

Subsec. (b)(3). Pub. L. 95-22, § 103(b), struck out provisions that whoever willfully violated any of the provisions of this subdivision or of any license, order, rule, or regulation issued thereunder, could be fined not more than $10,000, or, if a natural person, could be imprisoned for not more than ten years, or both; and that any officer, director, or agent of any corporation who knowingly participated in that violation could be punished by a like fine, imprisonment, or both.

1941--Subsec. (b). Act Dec. 18, 1941, considerably broadened the powers of the President to take, administer, control, use and liquidate foreign-owned property and added a flexibility of control which enabled the President and the agencies designated by him to cope with the problems surrounding alien property, its ownership or control, on the basis of the particular facts in each case.

1940--Subsec. (b). Act May 7, 1940, included dealings in evidences of indebtedness or ownership of property in which foreign states, nationals or political subdivisions thereof have an interest.

1933--Subsec. (b). Act Mar. 9, 1933, among other things, extended President's power to any time of war national emergency, permitted regulations to be issued by any agency designated by President, provided for furnishing under oath of complete information relative to transactions under the subsection, and placed sanctions on violations to the extent of a $10,000 fine or ten years imprisonment.

1918--Subsec. (b). Act Sept. 24, 1918, inserted provisions relating to hoarding or melting of gold or silver coin or bullion or currency and to regulation of transactions in bonds or certificates of indebtedness.

DELEGATION OF FUNCTIONS

Delegation of President's powers under subsec. (b) of this section to Secretary of the Treasury and Alien Property Custodian; and transfer of Alien Property Custodian's powers to Attorney General, see Ex. Ord. Nos. 9095 and 9788, set out under section 6 of this Appendix.

Powers conferred upon President by subsec. (b) of this section delegated to Secretary of the Treasury by Memorandum of President dated Feb. 12, 1942, 7 F.R. 1409.

LIMITATION ON EXERCISE OF EMERGENCY AUTHORITIES

Section 525(b)(2) of Pub. L. 103-236 provided that: "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, and are being exercised on the date of the enactment of this Act [Apr. 30, 1994], 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 amended by paragraph (1) of this subsection, may not be regulated or prohibited."

Section 2502(a)(2) of Pub. L. 100-418 provided that: "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, 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 ACT

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 the United States, No. 99-36, Sept. 10, 1999, 64 F.R. 51885, 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 11, 1998 (63 Fed. Reg. 50455), the exercise of certain authorities under the Trading With the Enemy Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] is scheduled to terminate on September 14, 1999.

I hereby determine that the continuation for 1 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 continue for 1 year, until September 14, 2000, 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; and

(3) the Cuban Assets Control Regulations, 31 CFR part 515.

The Secretary of the Treasury is authorized and 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. 98-35, Sept. 11, 1998, 63 F.R. 50455.

Determination of President of the United States, No. 97-32, Sept. 12, 1997, 62 F.R. 48729.

Determination of President of the United States, No. 96-43, Aug. 27, 1996, 61 F.R. 46529.

Determination of President of the United States, No. 95-41, Sept. 8, 1995, 60 F.R. 47659.

Determination of President of the United States, No. 94-46, Sept. 8, 1994, 59 F.R. 47229.

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 foreign-owned 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, 6023, 6082; title 28 sections

TITLE 5, REPRESENTATION AND DEFINITIONS

Subject: re: representation re contract/god bless the courts and all are adversaries

SUBCHAPTER I.—GENERAL PROVISIONS


§ 500. Administrative practice; general provisions.

(a) For the purpose of this section--
(1) "agency" has the meaning given it by section 551 of this title; and
(2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.
(b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.
(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.
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(d) This section does not--
(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding;
(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;
(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or
(4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.
(e) Subsections (b)-(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31-33) of title 35.
(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.

[Codified to 5 U.S.C. 500]

[Source: Section 500 of the Act of September 6, 1966 (Pub. L. No. 89-554), as added by section 1(1)(A) of the Act of September 11, 1967 (Pub. L. No. 90-83; 81 Stat 195), effective September 11, 1967]

Identity Theft Forms

Subject: RE: IDENTITY THIEFT

Information to attack or support a witness’ character for truthfulness

Subject: (no subject)

for proffering that evidence is to attack or support the witness’

character for truthfulness. See United States v. Abel, 469 U.S. 45

(1984); United States v. Fusco, 748 F.2d 996 (5

th

Cir. 1984) (Rule

608(b) limits the use of evidence “designed to show that the witness

has done things, unrelated to the suit being tried, that make him more

or less believable per se”); Ohio R.Evid. 608(b). On occasion the

Rule’s use of the overbroad term “credibility” has been read “to bar

extrinsic evidence for bias, competency and contradiction

impeachment since they too deal with credibility.” American Bar

Association Section of Litigation, Emerging Problems Under the

Federal Rules of Evidence at 161 (3d ed. 1998). The amendment

restores the Rule to its original intent, which was to impose an

absolutebar on extrinsic evidence onlyifthe solepurpose for offering

the evidence was to prove the witness’ character for veracity. See

Advisory Committee Note to Rule 608(b) (stating that the Rule is

“[i]n conformity with Rule 405, which forecloses use of evidence of

specific incidents as proof in chief of character unless character is an

issue in the case . . .”).

By limiting the application of the Rule to proof of a witness’

character for truthfulness, the amendment leaves the admissibilityof

extrinsic evidence offered for other grounds of impeachment (such as

contradiction, prior inconsistent statement, bias and mental capacity)

to Rules 402 and 403. See, e.g., United States v. Winchenbach, 197

F.3d 548 (1

st

Cir. 1999) (admissibility of a prior inconsistent

statement offered for impeachment is governed by Rules 402 and

403, not Rule 608(b)); United States v. Tarantino, 846 F.2d 1384

(D.C. Cir. 1988) (admissibility of extrinsic evidence offered to

contradict a witness is governed byRules 402 and 403); United States

v. Lindemann, 85 F.3d 1232 (7

th

Cir. 1996) (admissibilityof extrinsic

4

FEDERAL RULES OF EVIDENCE

174

evidence of bias is governed by Rules 402 and 403). Rules 402 and

403 displace the common-law rules prohibiting impeachment on

“collateral” matters. See 4 Weinstein’s Evidence, § 607.06[3][b][ii]

(2d ed. 2000) (advocating that courts substitute “the discretion

approach of Rule 403 for the collateral test advocated by case law”).

Itshould be noted that the extrinsic evidence prohibition of Rule

608(b) bars any reference to the consequences that a witness might

have suffered as a result of an alleged bad act. For example, Rule

608(b) prohibits counsel from mentioning that a witness was

suspended or disciplined for the conduct that is the subject of

impeachment, when that conduct is offered only to prove the

character of the witness. See United States v. Davis, 183 F.3d 231,

257, n. 12 (3d Cir. 1999) (emphasizing that in attacking the

defendant’s character for truthfulness “the government cannot make

reference to Davis's forty-four daysuspension or that Internal Affairs

found that he lied about”an incident because “[s]uch evidence would

not onlybe hearsayto the extent it contains assertion of fact, it would

be inadmissible extrinsic evidence under Rule 608(b)”). See also

Stephen A. Saltzburg, Impeaching the Witness: Prior Bad Acts and

Extrinsic Evidence, 7 Crim. Just. 28, 31 (Winter 1993) ("counsel

should not be permitted to circumvent the no-extrinsic-evidence

provision by tucking a third person's opinion about prior acts into a

question asked of the witness who has denied the act").

FEDERAL RULES OF EVIDENCE

5

175

Rule 804. Hearsay Exceptions; Declarant Unavailable

* * * * *

1

(b) Hearsay exceptions. The following are not

2

excluded by the hearsay rule if the declarant is unavailable as

3

a witness:

4

* * * * *

5

(3) Statement against interest. A statementwhich

6

was at the time of its making so far contrary to the

7

declarant’s pecuniary or proprietary interest, or so far

8

tended to subject the declarant to civil or criminal

9

liability, or to render invalid a claim by the declarant

10

against another, that a reasonable person in the

11

declarant’s position would not have made the statement

12

unless believing it to be true. A statement tending to

13

expose the declarant to criminal liability and offered to

14

6

FEDERAL RULES OF EVIDENCE

176

exculpate the accused is not admissible unless

15

corroborating circumstances clearly indicate the

16

trustworthiness of the statement.

17

* * * * *

18

COMMITTEE NOTE

The second sentence of Rule 804(b)(3) has been amended to

provide that the corroborating circumstances requirement applies to

all declarations against penal interest, whether proffered in civil or

criminal cases. See Ky.R.Evid. 804(b)(3); Tex. R.Evid. 804(b)(3).

Most courts have applied the corroborating circumstances

requirement to declarations against penal interest offered by the

prosecution, even though the text of the Rule did not so provide. See,

e.g., United States v. Alvarez, 584 F.2d 694, 701 (5

th

Cir. 1978) (“by

transplantingthelanguagegoverningexculpatorystatements onto the

analysis for admitting inculpatory hearsay, a unitary standard is

derived which offers the most workable basis for applying Rule

804(b)(3)”); United States v. Garcia, 897 F.2d 1413 (7

th

Cir. 1990)

(requiring corroborating circumstances for against-penal-interest

statements offered by the government). The corroborating

circumstances requirement has also been applied to declarations

against penal interest offered in a civil case. See, e.g., American

Automotive Accessories, Inc. v. Fishman, 175 F.3d 534, 541 (7

th

Cir.

1999) (noting the advantage of a “unitary standard” for admissibility

of declarations against penal interest). This unitary approach to

FEDERAL RULES OF EVIDENCE

7

177

declarations against penal interest assures all litigants that only

reliable hearsay statements will be admitted under the exception.

The Committee notes that there has been some confusion over

the meaning of the “corroborating circumstances” requirement. See

United States v. Garcia, 897 F.2d 1413, 1420 (7

th

Cir. 1990) (“the

precise meaningof the corroboration requirement in rule 804(b)(3) is

uncertain”). For example, some courts look to whether independent

evidence supports or contradicts the declarant’s statement. See, e.g.,

United State v. Mines, 894 F.2d 403 (4

th

Cir. 1990) (corroborating

circumstances requirement not met because other evidence

contradicts the declarant’s account). Other courts hold that

independent evidence is irrelevant and the court must focus only on

the circumstances under which the statement was made. See, e.g.,

United States v. Barone, 114 F.3d 1284, 1300 (1

st

Cir. 1997) (“The

corroboration that is required by Rule 804(b)(3) is not independent

evidence supporting the truth of the matters asserted by the hearsay

statements, but evidence that clearlyindicates that the statements are

worthy of belief, based upon the circumstances in which the

statements were made.”).

The case law identifies some factors that may be useful to

consider in determiningwhether corroboratingcircumstances clearly

indicate the trustworthiness of the statement. Those factors include

(see, e.g., United States v. Bumpass, 60 F.3d 1099, 1102 (4

th

Cir.

1995)):

(1) the timingand circumstances under which the statement was

made;

8

FEDERAL RULES OF EVIDENCE

178

(2) the declarant’s motive in making the statement and whether

there was a reason for the declarant to lie;

(3) whether the declarant repeated the statement and did so

consistently, even under different circumstances;

(4) the party or parties to whom the statement was made;

(5) the relationship between the declarant and the opponent of

the evidence; and

(6) the nature and strength of independent evidence relevant to

the conduct in question.

Other factors may be pertinent under the circumstances. The

credibility of the witness who relates the statement in court is not,

however, a proper factor for the court to consider in assessing

corroborating circumstances. To base admission or exclusion of a

hearsay statement on the credibility of the witness would usurp the

jury’s role in assessing the credibility of testifying witnesses. United

States v. Katsougrakis, 715 F.2d 769 (2d Cir. 1985).

The corroborating circumstances requirement assumes that the

court has already found that the hearsay statement is genuinely

disserving of the declarant’s penal interest. See Williamson v. United

States, 512 U.S. 594, 603 (1994) (statement must be “squarely self-

inculpatory” to be admissible under Rule 804(b)(3)). “Corroborating

circumstances” therefore must be independent from the fact that the

statement tends to subject the declarant to criminal liability. The

FEDERAL RULES OF EVIDENCE

9

179

“against penal interest” factor should not be double-counted as a

corroborating circumstance.

Information on FOIA, etc.

Subject: re compliance

[Code of Federal Regulations]

[Title 11, Volume 1]

[Revised as of January 1, 2003]

From the U.S. Government Printing Office via GPO Access

[CITE: 11CFR111.42]

[Page 190]

TITLE 11--FEDERAL ELECTIONS

CHAPTER I--FEDERAL ELECTION COMMISSION

PART 111--COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))--Table of Contents

Subpart B--Administrative Fines

Sec. 111.42 Will the enforcement file be made available to the public?

(a) Yes; the Commission shall make the enforcement file available to

the public.

(b) If neither the Commission nor the respondent commences a civil

action, the Commission shall make the enforcement file available to the

public pursuant to 11 CFR 4.4(a)(3).

(c) If a civil action is commenced, the Commission shall make the

enforcement file available pursuant to 11 CFR 111.20(c).

Here is the law re: forensic accounting

Subject: re:forensic c.u.s.i.p. accounting for jill louise bennett

GOVERNMENT CODE
SECTION 11120-11132

11120. It is the public policy of this state that public agencies

exist to aid in the conduct of the people's business and the

proceedings of public agencies be conducted openly so that the public

may remain informed.

In enacting this article the Legislature finds and declares that

it is the intent of the law that actions of state agencies be taken

openly and that their deliberation be conducted openly.

The people of this state do not yield their sovereignty to the

agencies which serve them. The people, in delegating authority,

do

not give their public servants the right to decide what is good for

the people to know and what is not good for them to know. The people

insist on remaining informed so that they may retain control over

the instruments they have created.

This article shall be known and may be cited as the Bagley-Keene

Open Meeting Act.

54950. In enacting this chapter, the Legislature finds and

declares

that the public commissions, boards and councils and the other

public agencies in this State exist to aid in the conduct of the

people's business. It is the intent of the law that their actions be

taken openly and that their deliberations be conducted openly.

The people of this State do not yield their sovereignty to the

agencies which serve them. The people, in delegating authority, do

not give their public servants the right to decide what is good

for

the people to know and what is not good for them to know. The people

insist on remaining informed so that they may retain control over

the instruments they have created

All Rights Reserved
By: Anthony Duane Walker