Trading with the Enemy Act

Last updated

Trading with the Enemy Act is a stock short title used for legislation in the United Kingdom and the United States relating to trading with the enemy.

Contents

Trading with the Enemy Acts is also a generic name for a class of legislation generally passed during or approaching a war that prohibit not just mercantile activities with foreign nationals, but also acts that might assist the enemy. [1] While originally limited to wartime, in the 20th century these Acts were applied in cases of national emergency as well. For example, in 1940, before the United States entry into World War II the president imposed broad prohibitions on the transfer of property in which Norway or Denmark, or any citizen or national of those countries, or any other person aiding those countries, had any interest, with the exception of transfers which were licensed under the regulations of the Department of the Treasury. [2]

List

France

United Kingdom

United States

Israel

The British Trading with the Enemy Act 1939 was applied to Mandatory Palestine, as to other British-ruled territories. On the creation of Israel in 1948, it was retained as an Israeli law and the various Arab countries named in it as "The Enemy". It is still in force as of 2024, though Egypt and Jordan were removed from its application with the respective peace agreements Israel signed with them. According to the Chief Economist Division of Israel's Ministry of Finance, which is in charge of the designation of enemy states, the enemy states for the purpose of the Ordinance are currently Iran, Iraq, Syria, and Lebanon. While Iraq is defined as an enemy state, a temporary permit for Israelis to trade with Iraqi companies and individuals has been granted and has been renewed on an annual basis.

See also

Notes

  1. Phelps, Shirelle and Lehman, Jeffrey (editors) (2005) "Aiding the enemy acts" West's Encyclopedia of American Law (2nd edition) Vol. 1. Gale, Detroit, Michigan, pp. 182183
  2. Malloy, Michael P. (2004) "Trading with the Enemy Act (1917)" In Landsberg, Brian K. (editor) (2004) Major Acts of Congress Macmillan-Thomson Gale, Detroit, Michigan
  3. "United States Code: Title 50a, ACT OCT. 6, 1917, CH. 106, 40 STAT. 411" Legal Information Institute, Cornell University

Further reading

Related Research Articles

The Neutrality Acts were a series of acts passed by the US Congress in 1935, 1936, 1937, and 1939 in response to the growing threats and wars that led to World War II. They were spurred by the growth in isolationism and non-interventionism in the US following the US joining World War I, and they sought to ensure that the US would not become entangled again in foreign conflicts.

<span class="mw-page-title-main">Office of Foreign Assets Control</span> Agency of the United States Department of the Treasury

The Office of Foreign Assets Control (OFAC) is a financial intelligence and enforcement agency of the U.S. Treasury Department. It administers and enforces economic and trade sanctions in support of U.S. national security and foreign policy objectives. Under Presidential national emergency powers, OFAC carries out its activities against foreign states as well as a variety of other organizations and individuals, like terrorist groups, deemed to be a threat to U.S. national security.

<span class="mw-page-title-main">Trading with the Enemy Act of 1917</span> U.S. law

The Trading with the Enemy Act (TWEA) of 1917 is a United States federal law, enacted on October 6, 1917, in response to the United States declaration of war on Germany on April 6, 1917. It continues to give the President of the United States the power to oversee or restrict any and all trade between the United States and its enemies in times of war. TWEA was amended in 1933 by the Emergency Banking Act to extend the president’s authority also in peace time. It was amended again in 1977 by the International Emergency Economic Powers Act (IEEPA) to restrict again the application of TWEA only to times of war, while the IEEPA was intended to be used in peace time.

<span class="mw-page-title-main">Helms–Burton Act</span> US federal law affecting Cuban economy

The Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, Pub. L. 104–114 (text)(PDF), 110 Stat. 785, 22 U.S.C. §§ 60216091) is a United States federal law which strengthens and continues the United States embargo against Cuba. It extended the territorial application of the initial embargo to apply to foreign companies trading with Cuba, and penalized foreign companies allegedly "trafficking" in property formerly owned by U.S. citizens but confiscated by Cuba after the Cuban revolution. It also covers property formerly owned by Cubans who have since become U.S. citizens.

<span class="mw-page-title-main">United States embargo against Cuba</span> Ongoing restriction on trade with Cuba by the United States

The United States embargo against Cuba prevents US businesses, and businesses organized under US law or majority-owned by US citizens, from conducting trade with Cuban interests. It is the most enduring trade embargo in modern history. The US first imposed an embargo on the sale of arms to Cuba on March 14, 1958, during the Fulgencio Batista regime. Again on October 19, 1960, almost two years after the Cuban Revolution had led to the deposition of the Batista regime, the U.S. placed an embargo on exports to Cuba except for food and medicine after Cuba nationalized the US-owned Cuban oil refineries without compensation. On February 7, 1962, the embargo was extended to include almost all exports. The United Nations General Assembly has passed a resolution every year since 1992 demanding the end of the US economic embargo on Cuba, with the US and Israel being the only nations to consistently vote against the resolutions.

<span class="mw-page-title-main">Defence of the Realm Act 1914</span> United Kingdom legislation

The Defence of the Realm Act (DORA) was passed in the United Kingdom on 8 August 1914, four days after it entered the First World War and was added to as the war progressed. It gave the government wide-ranging powers during the war, such as the power to requisition buildings or land needed for the war effort, or to make regulations creating criminal offences.

<span class="mw-page-title-main">United States sanctions</span> Trade restrictions levied by the United States government

United States sanctions are imposed against countries that violate the interests of the United States. Sanctions are used with the intent of damaging another country's economy in response to unfavorable policy or decisions. The United States has imposed two-thirds of the world's sanctions since the 1990s. Numerous American unilateral sanctions against various countries around the world have been criticized by different commentators. It has imposed economic sanctions on more than 20 countries since 1998.

Patent Act and Patents Act are stock short titles used in Canada, India, Malaysia, New Zealand, the United Kingdom and the United States for legislation relating to patents.

<span class="mw-page-title-main">International Emergency Economic Powers Act</span> United States federal law

The International Emergency Economic Powers Act (IEEPA), Title II of Pub. L.Tooltip Public Law  95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the president to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has its source in whole or substantial part outside the United States. The act was signed by President Jimmy Carter on December 28, 1977.

<span class="mw-page-title-main">Emergency Powers (Defence) Act 1939</span> United Kingdom legislation

The Emergency Powers (Defence) Act 1939 was emergency legislation passed just prior to the outbreak of World War II by the Parliament of the United Kingdom to enable the British government to take up emergency powers to prosecute the war effectively. It contained clauses giving the government wide powers to create Defence Regulations by Order in Council. These regulations governed almost every aspect of everyday life in the country during the War. Two offences under the regulations were punishable with death.

<span class="mw-page-title-main">Immigration Act of 1917</span> United States law

The Immigration Act of 1917 was a United States Act that aimed to restrict immigration by imposing literacy tests on immigrants, creating new categories of inadmissible persons, and barring immigration from the Asia-Pacific zone. The most sweeping immigration act the United States had passed until that time, it followed the Chinese Exclusion Act of 1882 in marking a turn toward nativism. The 1917 act governed immigration policy until it was amended by the Immigration Act of 1924; both acts were revised by the Immigration and Nationality Act of 1952.

<span class="mw-page-title-main">Slave Trade Act</span> Family of related laws regulating, restricting or banning slavery

Slave Trade Act is a stock short title used for legislation in the United Kingdom and the United States that relates to the slave trade.

Land Act is a stock short title used in New Zealand, South Africa, the United Kingdom and the United States for legislation relating to land.

The Custodian of Enemy Property is an institution that handles property claims created by war. In wartime, civilian property may be left behind or taken by the occupying state. In ancient times, such property was considered war loot, and the legal right of the winner. In the Fourth Geneva Convention Article 147, such action is defined as war crime:

"Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly."

<span class="mw-page-title-main">Byrd Amendment (1971)</span> US law resuming trade with Rhodesia

The Byrd Amendment—named for its author, Senator Harry F. Byrd Jr. of Virginia—was a 1971 amendment to the U.S. Federal Strategic and Critical Materials Stock Piling Act. It prohibited the US government from banning the importation of any strategic material from a non-communist country as long as the importation of the same materials from communist countries was also not prohibited. While it did not single out any particular country, it had the effect–intended by its sponsors–of creating an exception in the United States embargo of Rhodesia to enable the import of chromite ore from that country.

The Cuban Assets Control Regulations, (CACR) 31 CFR 515, generally regulate relations between Cuba and the U.S. and are the main mechanism of domestic enforcement of the United States embargo against Cuba.

The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.

<span class="mw-page-title-main">Combinations of Workmen Act 1825</span> United Kingdom legislation

The Combinations of Workmen Act 1825 was an Act of Parliament of the United Kingdom, which prohibited trade unions from attempting to collectively bargain for better terms and conditions at work, and suppressed the right to strike.

Criminal syndicalism has been defined as a doctrine of criminal acts for political, industrial, and social change. These criminal acts include advocation of crime, sabotage, violence, and other unlawful methods of terrorism. Criminal syndicalism laws were enacted to oppose economic radicalism.

<span class="mw-page-title-main">Arab League boycott of Israel</span> Political strategy adopted by the Arab League in 1945

The Arab League boycott of Israel is a strategy adopted by the Arab League and its member states to boycott economic and other relations between Arabs and the Arab states and Israel and specifically stopping all trade with Israel which adds to that country's economic and military strength. A secondary boycott was later imposed, to boycott non-Israeli companies that do business with Israel, and later a tertiary boycott involved the blacklisting of firms that do business with other companies that do business with Israel.