empted from the provisions of General Ruling No. 11: (a) Any communication of a financial, commercial or business character with ́any person within any part of the territory of Italy controlled or occupied by the armed forces of any of the United Nations; (b) Any act or transaction involving any such communication; (c) Any act or transaction for the benefit or on behalf of any such person. (2) Certain general licenses not applicable to Italy. The provisions of §§ 131.32 and 131.33 shall not be deemed to authorize any remittances to any person within the territory of Italy. [Pub. Circ. 25, Oct. 17, 1944, 9 F.R. 12580] PART 132-GENERAL LICENSES UNDER EXECUTIVE ORDER NO. 8389, APRIL 10, 1940, AS AMENDED, AND REGULATIONS ISSUED PURSUANT THERETO, BY THE GOVERNOR OF HAWAII [ADDED] Sec. 132.3 General License H-1. Appendix A-General Rulings. AUTHORITY: §§ 132.3 to 132.21, inclusive, issued under 40 Stat. 415, 966, 48 Stat. 1, 54 Stat. 179, 55 Stat. 838; 12 U.S.C. 95a, 50 U.S.C. App., Sup., 5 (b). E.O. 6560, Jan, 15, 1934, as amended by E.O. 8389, Apr. 10, 1940, E.O. 8785, June 14, 1941, E.O. 8832, July 26, 1941, E.O. 8963, Dec. 9, 1941, E.O. 8998, Dec. 26, 1941, E.O. 9193, July 6, 1942; 3 CFR Cum. Supp. Part 130 of this chapter. § 132.3 General License H-1. (a) A general license is hereby granted authorizing any national of a blocked country to engage in transactions (including the importing of goods, wares and merchandise from the continental United States) incident to the normal conduct of the professional, commercial, or agricultural activities of such national in the Territory of Hawaii. (b) With respect to any enterprise controlled by an enemy national or in which an enemy national has a substantial interest, this general license shall not be deemed to authorize: (1) Any purchase, sale, transfer or other dealing in, or with respect to, securities or fixed assets; (2) Any modification in capital structure; (3) Any loan other than loans incident to the financing of an importation into the Territory of Hawaii; (4) Any unusual accumulation of inventory; (5) Any payment of dividends or bonuses other than bonuses to bona fide employees in an annual amount not exceeding the equivalent of one month's wages; (6) Any payment or transfer of credit from a blocked account in any banking institution not within the Territory of Hawaii. (c) Any person exercising the privileges of this general license shall file such reports as may from time to time be required by the Office of the Governor of Hawaii, Foreign Funds Control. (d) This section shall not be deemed to authorize any transaction which could not be effected without a license if the person exercising the privileges of this section were not a national of a blocked country. (e) Attention is directed to the provisions of Public Circular No. H-6, as amended.1 [Gen. Lic. H-1, Sept. 13, 1943, 9 F.R. 3892] § 132.4 General License H-2. (a) A general license is hereby granted authorizing payments and transfers of credit in reasonable amounts from blocked accounts in any banking institution within the Territory of Hawaii in which a national of a blocked country residing in the Territory of Hawaii has an interest: Provided, That such payments and transfers of credit shall be used only for the living and personal expenses of such national and the members of his household. (b) This section shall not be deemed to authorize any transaction in which any of the following has an interest: (1) A civilian interned for the duration of the war; (2) An enemy national; (3) A national of a blocked country residing outside the Territory of Hawaii. (c) Any banking institution making payments or transfers of credit pursuant to this section shall satisfy itself that the foregoing terms and conditions are complied with. (d) Attention is directed to the provisions of Public Circular No. H-5, as amended.1 [Gen. Lic. H-2, Oct. 20, 1943, 9 F.R. 3892] § 132.11 General License H-9. (a) A general license is hereby granted authorizing the following transactions with respect to any blocked life insurance policy in which the only blocked interest is that of one or more nationals of a blocked country residing in the Territory of Hawaii: (1) The issuance, servicing or transfer of any such policy; (2) Upon the death of the insured, the payment to any beneficiary of the benefit to which he is entitled under the terms of any such policy; Provided, however, That this section shall not be deemed to authorize (i) any payment by the insurer to a national of a blocked country unless payment is made for deposit in a blocked account in a domestic bank in the Territory of Hawaii in the name of the national who is the ultimate beneficiary thereof; (ii) any transaction with respect to any blocked life insurance policy in which an internee has an interest; (iii) any payment to the insurer from any blocked account in which an enemy national or an internee has an interest, or from any other blocked account except a blocked account of the insured or beneficiary; or (iv) any transaction with respect to any blocked life insurance policy issued by a life insurance company or other insurer which is a national of a blocked country or which is not doing business or effecting insurance in the United States. (b) As used in this section: (1) The terms "blocked life insurance policy", "blocked interest", "servicing" and "transfer" shall have the respective meanings prescribed in § 131.86 (d). (2) The term "internee" shall mean any civilian interned for the duration of the war. [Gen. Lic. H-9, Sept. 7, 1943, 9 F.R. 3893] § 132.14 General License H-12. (a) A general license is hereby granted licensing as a generally licensed national: (1) Any individual residing in the Territory of Hawaii on February 23, 1942, who registered as a subject of Korea under the Alien Registration Act of 1940; and 1 Appendix B, infra. (2) Any partnership, association, corporation, or other organization which is a national of Japan solely by reason of the interest therein of a person or persons licensed herein as generally licensed nationals. (b) This section shall not be deemed to suspend, cancel, or otherwise modify in any way the requirements of the order or regulations relating to reports on Form TFR-300. (c) This section shall not be deemed to license as a generally licensed national: (1) Any individual who on or since the effective date of the order has acted or purported to act directly or indirectly for the benefit or on behalf of any blocked country, including the government thereof; (2) Any individual who is a national of a blocked country by reason of any fact other than that such individual has been domiciled in, or a subject, citizen, or resident of a blocked country at any time on or since the effective date of the order; or (3) Any individual who enters a blocked country after February 23, 1942. [Gen. Lic. H-12, Mar. 20, 1942, 9 F.R. 3893] § 132.18 General License H-16. (a) A general license is hereby granted authorizing payments and transfers of credit not exceeding a total of $180 in any one calendar month from blocked accounts in any banking institution in the Territory of Hawaii in which a civilian internee in the Territory of Hawail has an interest: Provided, That the following terms and conditions are complied with: (1) Not more than $10 in any one calendar month shall be forwarded for credit to the internee's personal account in the internment camp; (2) Not more than $20 in any one calendar month shall be used for purchases previously approved by the Commanding Officer of the internment camp for the personal benefit of the internee; and (3) Not more than $150 in any one calendar month shall be used to support the members of the internee's household and to meet his current obligations outside the internment camp, such as insurance premiums and mortgage payments. (b) No internee shall be entitled to the privileges of this section until he has completed and filed with the Command Ing Officer of his internment camp an internee report on Form TFR-30. (c) Checks or other withdrawal orders drawn pursuant to this section against an account in which an internee has an interest shall be signed by any person with signing authority against such account: Provided, however, That such checks or other withdrawal orders shall not be signed by the internee himself. (d) Any banking institution making payments or transfers of credit pursuant to this section shall satisfy itself that the foregoing terms and conditions are complied with. (e) Attention is directed to the provisions of Public Circular Np. H-5.1 [Gen. Lic. H-16, June 28, 1943, 9 F.R. 3893] § 132.21 General License H-19. (a) A general license is hereby granted authorizing all transactions incident to the purchase, sale, or transfer of real or personal property to or by any national of a blocked country resident in the Territory of Hawaii. (b) Within ten days after any purchase, sale, or transfer herein authorized has been completed, any national of a blocked country exercising the privileges of this section shall file a report in duplicate on Report Form C with the Office of the Governor of Hawaii, Foreign Funds Control, containing all details pertinent to the transaction. (c) This section shall not be deemed to authorize any transaction in which any of the following has an interest: (1) A civilian interned for the duration of the war; (2) An enemy national; (3) A national of a blocked country residing outside the Territory of Hawaii. [Gen. Lic. H-19, Nov. 8, 1943, 9 F.R. 3894] APPENDIX A-GENERAL RULINGS GENERAL RULING H-1 The provisions of paragraph (2) (b) of General Ruling No. 162 shall not be deemed applicable with respect to safe deposit boxes in the Territory of Hawaii except to the extent that such boxes contain property in which any of the following has an interest: 1 Appendix B, infra. 2 Appendix B to Part 131. (a) A civilian interned for the duration of the war; (b) An enemy national; (c) A national of a blocked country residing outside the Territory of Hawaii. [Gen. Ruling H-1, as amended, Sept. 27, 1943, 9 F.R. 3895] APPENDIX B-PUBLIC CIRCULARS PUBLIC CIRCULAR H-1 United States citizens in the Territory of Hawaii who have not expatriated themselves from Japan are regarded as having the same status under Executive Order No. 8389, as amended, as they would have if they had so expatriated themselves. [Pub. Circ. H-1, Dec. 15, 1941, 9 F.R. 3894] PUBLIC CIRCULAR H-3 In view of the issuance of Public Circular No. 8A by the United States Treasury Department, Washington, D. C., General License No. H-4 and General License No. H-5 are hereby revoked. Notwithstanding the provisions of Public Circular No. 8A, § 131.11 shall not be deemed to apply to nationals of Japan in the Territory of Hawaii. Circ. H-3, Jan. 15, 1942, 9 F.R. 3894] [Preceding public circular, in small type, superseded by following public circular during period covered by this Supplement] [Pub. In view of the issuance of Public Circular No. 8A by the United States Treasury Department, General License A, General License B, General License No. H-4 and General License No. H-5 are hereby revoked. Notwithstanding the provisions of Public Circular No. 8A, § 131.11 shall not be deemed to apply to nationals of Japan in the Territory of Hawaii. [Pub. Circ. H-3, Feb. 9, 1944, 9 F.R. 4283] PUBLIC CIRCULAR H-4 Any United States War Savings Bond heretofore deposited in a blocked account pursuant to General License No. H-8 may now be delivered to the owner named thereon, Provided, That the inscription "Subject to Executive Order No. 8389, as amended", is added to such bond in capital letters immediately above the name of the registered owner by a domestic bank, savings and loan association, or federal credit union which is an authorized issuing agent for such bonds, and Provided further, That the procedure authorized by the Treasury Department in such cases is followed in all other respects. [Pub. Circ. H-4, Nov. 21, 1942, 9 F.R. 3894] PUBLIC CIRCULAR H-5 (1) Reference is made to § 132.4, as amended on October 20, 1943. (2) Any employer in the Territory of Hawaii is a "banking institution" within the meaning of § 132.4, insofar as such employer holds credits in the form of wages, salaries, commissions, or pensions for the account of his employees who are nationals of a blocked country. Accordingly, employers in the Territory of Hawaii may make payments and transfers of credit to their employees who are such nationals: Provided, That such payments and transfers of credit are effected in accordance with the terms and conditions of § 132.4. (3) Reference is made to § 132.18 relating to the living and personal expenses of civilian internees in the Territory of Hawaii. (4) The privileges of §§ 131.11, 131.12, 131.32, 131.33, 131.71, and 131.75 shall not be deemed applicable to any account in a banking institution in the Territory of Hawaii in which a civilian interned for the duration of the war has an interest. Attention is directed to the fact that by the terms of §§ 131.28 and 131.42 civilian internees are excluded from their provisions. [Pub. Circ. H-5, Oct. 20, 1943, 9 F.R. 3894] PUBLIC CIRCULAR H-6 (1) Reference is made to § 132.3, as amended on September 13, 1943. (2) Nationals of Japan engaging in professional, commercial or agricultural activities in the Territory of Hawaii may do so only pursuant to the provisions of § 132.3, as amended, or specific licenses issued by the Office of the Governor of Hawaii, Foreign Funds Control. (3) Any enterprise controlled by an enemy national or in which an enemy national has a substantial interest, which is operating under the provisions of § 132.3, shall file reports with the Office of the Governor of Hawaii, Foreign Funds Control, under the following circumstances: (a) An affidavit in response to Questionnaire Form TFBE-1 shall be filed by: (i) Any individual or partnership having a current gross income of $5,000 or more per month; (ii) Any association, corporation or other organization; Provided, however, That any person who has filed an affidavit in response to Questionnaire Form TFBE-1 shall not be required to file an affidavit pursuant to this subdivision; (b) An affidavit in response to Questionnaire Form HBE-1 shall be filed by any individual or partnership having a current gross income of $500 or more per month but less than $5,000 per month, Provided, however, That any person who has filed an affidavit in response to Questionnaire Form TFBE-1 shall not be required to file an affidavit pursuant to this subdivision; (c) A balance sheet as of December 31. of the preceding calendar year and a profit and loss statement for the preceding calendar year shall be filed annually in triplicate, on or before March 1 by any person having a current gross income of $6,000 or more per year; (d) A report on Form H-1R setting forth the details of the transactions engaged in during the preceding calendar month shall be filed monthly not later than the tenth day of the month by any person having a current gross income of $5,000 or more per month; (e) A report on Form H-1R setting forth the details of the transactions engaged in during the preceding quarterannual period shall be filed quarter-annually not later than the tenth day of the months of January, April, July and October by any person having a current gross income of $500 or more per month but less than $5,000 per month; (f) A report on Form C shall be filed immediately after any order is placed for the importation of any goods, wares and merchandise into the Territory of Hawaii, stating: (i) The name and address of the person from whom the goods, wares and merchandise have been ordered; (ii) The name and address of the ultimate consignee; (iii) The nature, quantity and value of the import; (iv) The terms of payment; (v) The method of shipment; (vi) The disposition intended to be made of the import upon its arrival in the Territory of Hawaii; and (vii) The full details of any loan incident to the financing of the import. (4) Any person delivering goods, wares and merchandise imported by or for the account of any enterprise controlled by an enemy national or in which an enemy national has a substantial interest, and which is operating pursuant to $132.3, shall release such goods, wares and merchandise only upon surrender by such enterprise of a copy of the report on Form C bearing a stamp noting the approval of the Office of the Governor of Hawaii. [Pub. Circ. H-6, Sept. 13, 1943, 9 F.R. 3894] PUBLIC CIRCULAR H-7 Notwithstanding Public Circular No. 23, applications for licenses under Executive Order No. 8389, as amended, should continue to be filed in triplicate in the Territory of Hawaii. [Pub. Circ. H-7, Sept. 16, 1943, 9 F.R. 3895] PUBLIC CIRCULAR H-8 The provisions of Public Circular No. 14 shall not be deemed to apply to transactions effected pursuant to § 132.21, as amended on November 8, 1943. [Pub. Circ, H-8, Dec. 31, 1943, 9 F.R. 874] PART 133-REGULATIONS OF THE GOVERNOR OF HAWAII [REVOKED] CODIFICATION; §§ 133.1, 133.2, General Ruling HS-1 and Public Circulars HS-1 and HS-2 were revoked by Regulations, Governor of Hawaii, Oct. 21, 1944, 9 F.R. 13252, 13253. PART 134 GENERAL LICENSES UNDER CURRENCY REGULATIONS OF THE GOVERNOR OF HAWAII [REVOKED] CODIFICATION: § 134.3 was revoked Jan. 20, 1944, 9 F.R. 1582, and §§ 134.1, 134.2 and 134.4 were revoked Oct. 21, 1944, 9 F.R. 13253. PART 135-GENERAL LICENSES ISSUED UNDER SECURITIES REGULATIONS OF THE GOVERNOR OF HAWAII [REVOKED] CODIFICATION: § 135.3 was revoked Oct. 21, 1944, 9 F.R. 13253. 625507-45-SUPP. VII-BK. 2- --56 Page 2503 |