PART 161-SOLICITATION AND COL- 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 Definition. Application for registration. Chapters or affiliates of registrants. Transmittal of funds. Supplemental application. Methods of soliciting contributions. Sworn statement to be supplemented. § 161.1 Definition. The term "person" as used herein and in the Act of November 4, 1939, includes a partnership, company, association, organization, or corporation, as well as a natural person.* NOTE: This section was amended by substituting the date "November 4, 1939" for "May 1, 1937," by Regs., Nov. 6, 1939; 4 FR. 4511. §§ 161.1 to 161.16, inclusive, issued under the authority contained in secs. 8, 13, 54 Stat. 8. 11; 22 U.S.C., Sup., 245j-7, 245j-12, and Proc. 2374, Nov. 4, 1939; 22 CFR, 1939 Supp. 141.1) The source of §§ 161.1 to 161.16, inclusive, is Rules and Regulations, Secretary of State, Sept. 5, 1939, as amended Sept. 9, 1939, Sept. 11, 1939, and Oct. 4, 1939, and as reamended in entirety Nov. 6, 1939; 4 F.R. 3839, 3882, 3891, 4151, 4511. The first 10 sections were contained in the Sept. 5, 1939 regulations; application was extended to the Union of South Africa and to Canada on Sept. 9, 1939 and Sept. 11, 1939, respectively; 5 more sections were added on Oct. 4, 1939, and the last section is original in the Nov. 6, 1939 regulations. with the Secretary of State. To this end, such person shall make application in duplicate to the Secretary of State upon the form provided therefor.*† NOTE: This section was amended by adding the Union of South Africa, Sept. 9, 1939; 4 F.R. 3882, by adding Canada, Sept. 11, 1939; 4 F.R. 3891, and by substituting the words "or for any agent or instrumentality" for the words "or any political subdivision of any", Nov. 6, 1939; 4 F.R. 4511. § 161.3 Chapters or affiliates of registrants. Organizations or associations having chapters or affiliates shall list them in their application for registration and shall set forth therein the addresses of such chapters or affiliates. In case chapters or affiliates are formed after the registration of the parent organization, the parent should immediately inform the Secretary of State in order that its registration may be amended to name the new chapters or affiliates.*† NOTE: This section was amended by adding the words "or affiliates", and by substituting the words "chapters or affiliates" for "chapter or chapters" at the end thereof, by Regs., Nov. 6, 1939; 4 F.R. 4511. tration. No person shall solicit or col§ 161.4 Notices of acceptance of regislect contributions without having in his possession a notice from the Secretary of State of acceptance of registration which has not been revoked; Provided, however, That nothing in this section shall be construed as requiring a duly authorized agent of a registrant to have in his possession a notice of acceptance of registration. Chapters or affiliates named in the parent organization's registration may, of course, operate under this registration. Notices of acceptance of registration shall not be exhibited, used, or referred to in any manner which might be construed as implying official endorsement of the persons engaged in the solicitation or collection of contributions.*† NOTE: This section was amended by adding the words "or affiliates", by Regs., Nov. 6, 1939; 4 F.R. 4511. § 161.2 Application for registration. Any person within the United States, its territories, insular possessions (including the Philippine Islands), the Canal Zone, and the District of Columbia who desires to engage in the solicitation or collection of contributions to be used for medical | aid and assistance in France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, or for food and clothing to relieve human suffering in any of those countries, and who is not acting for or on behalf of the Governments of France; Germany, Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, or for any agent or instru-cal with the Sept. 5, 1939 regulations; 4 F. R. mentality of such countries, shall register | 4511. All § 161.5 Records of transactions. persons registered with the Secretary of State must maintain for his inspection or that of his duly authorized agent, complete records of all transactions in which the registrant engages.*† NOTE: The text of §§ 161.5-161.10 is identi **For statutory and source citations, see note to § 161.1. Page 1311 § 161.6 Submission of forms. Persons | tive control, and that the funds collected receiving notification of acceptance of by the registrant will be handled by a registration shall submit to the Secretary competent and trustworthy treasurer.*† of State not later than the tenth day of every month following the receipt of such notification sworn statements, in duplicate, on the form provided therefor setting forth fully the information called for therein.*† § 161.7 Rejection and revocation. The Secretary of State reserves the right to reject applications or to revoke registrations for failure on the part of the registrant to comply with the provisions or purposes of the law or of the regulations in this part.*† § 161.8 Transmittal of funds. A registrant may act as an agent for the transmittal abroad of funds received by another registrant, but such funds shall not be accountable as contributions received by the transmitting registrant.*† § 161.9 Supplemental application. Any changes in the facts set forth in the registrant's application for registration, such as change of address, of officers, or of means of distribution abroad, should be reported promptly to the Secretary of State in the form of a supplemental application, in duplicate, properly sworn to.*† § 161.10 American National Red Cross. In view of the purposes and special status of "the American National Red Cross" as set forth in the Act of Congress approved January 5, 1905, entitled "An Act to incorporate the American National Red Cross" (33 Stat. 599), and particularly in view of the fact that it is required by law to submit to the Secretary of War for audit "a full, complete, and itemized report of receipts and expenditures of whatever kind," so that the submission to the Secretary of State of reports of funds received and expended would constitute an unnecessary duplication, the American National Red Cross is not required to conform to the provisions of the regulations in this part.*† NOTE: The text of §§ 161.11-161.15 is identical with the Oct. 4, 1939 amendment to the Sept. 5, 1939 regulations; 4 F.R. 4511. § 161.12 Methods of soliciting contributions. No registration will be accepted if the means proposed to be used to solicit or collect contributions include the employment of solicitors on commission or any other commission method of raising money; the use of the “remit or return" method of raising money by the sale of merchandise or tickets; the giving of entertainments for money-raising entertainments, including compensation, purposes if the estimated costs of such exceed 30 percent of the gross proceeds, or any other wasteful or unethical method of soliciting contributions.*† § 161.13 Reading of regulations. No registration will be accepted until the Secretary of State has been informed in writing by a responsible officer of the applicant for registration that he has read the regulations. * † § 161.14 Causes for revocation. The Secretary will exercise the right reserved under § 161.7 to revoke any registration upon receipt of evidence which leads him to believe that the registrant has failed to maintain such a governing body as that described under § 161.11, has failed scribed under § 161.11, has employed any to employ such a treasurer as that deof the methods for soliciting contributions set forth under § 161.12, has employed unethical methods of publicity, or has failed to attain a reasonable degree of efficiency in the conduct of opera tions.*+ § 161.15 Sworn statement to be supplemented. The sworn statement to be submitted by registrants in accordance with § 161.6 shall be supplemented by such further information as the Secretary of State may deem necessary.*† § 161.16 Valid registrations. Valid § 161.11 Administrative control. No registrations under the rules and regularegistration will be accepted until satis- tions governing the solicitation and colfactory evidence is presented to the Sec-lection of contributions for use in belligretary of State that the applicant for erent countries promulgated September registration has organized an active and 5, 9, and 11, and October 4, 1939, pursuresponsible governing body which will ant to section 3 of the Neutrality Act of serve without compensation and which May 1, 1937, remain valid under the reguwill exercise a satisfactory administra-lations in this part.*† PART 164-RESTRICTIONS ON USE OF |ing the flags of the foreign belligerent AMERICAN PORTS AND TERRITO-states of which they are vessels. Such submarines may depart from ports or territorial waters of the United States only while running on the surface with conning tower and superstructure above water and flying the flags of the foreign belligerent states of which they are vessels. (c) Diligence in enforcement enjoined. I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. (d) Prior proclamation revoked. I do hereby revoke my Proclamation No. 2371 issued by me on October 18, 1939, in regard to the use of ports or territorial waters of the United States by submarines of foreign belligerent states. § 164.1 Submarines—(a) Finding. I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority vested in (e) Effect. This section shall continue me by section 11 of the Joint Resolution in full force and effect unless and until approved November 4, 1939 (54 Stat. 9; modified, revoked or otherwise termi22 U.S.C., Sup., 245j-10) do by this proc-nated, pursuant to law. (Sec. 11, 54 Stat. lamation find that special restrictions 9; 22 U.S.C., Sup., 245j-10) placed on the use of the ports and terri- Nov. 4, 1939; 4 F.R. 4494] torial waters of the United States, ex [Proc. 2375, CROSS REFERENCE: For full text of Procla ALL SHIPS clusive of the Canal Zone, by the subma-mation 2371, revoked by this section, see rines of a foreign belligerent state, both Title 3 of this Supplement. commercial submarines and submarines which are ships of war, will serve to maintain peace between the United States and foreign states, to protect the commercial interests of the United States and its citizens, and to promote the security of the United States; § 164.11 Frequenting; 24-hour interim between departures. Any frequenting and use of the waters within the territorial jurisdiction of the United States by the vessels of a belligerent, whether pub(b) Entry declared unlawful in ab- lic ships or privateers for the purpose of sence of force majeure. I do further preparing for hostile operations, or as declare and proclaim that it shall here- posts of observation upon the ships of war after be unlawful for any submarine of or privateers or merchant vessels of an France; Germany; Poland; or the United opposing belligerent must be regarded as Kingdom, India, Australia, Canada, New unfriendly and offensive, and in violation Zealand, or the Union of South Africa, of that neutrality which it is the deterto enter ports or territorial waters of the mination of this government to observe; United States, exclusive of the Canal and to the end that the hazard and inZone, except submarines of the said bel- convenience of such apprehended pracligerent states which are forced into such tices may be avoided, I further proclaim ports or territorial waters of the United and declare that from and after the fifth States by force majeure; and in such day of September instant, and so long cases of force majeure, only when such as this proclamation shall be in effect, submarines enter ports or territorial no ship of war or privateer of any belwaters of the United States while run-ligerent shall be permitted to make use ning on the surface with conning tower of any port, harbor, roadstead, or waters and superstructure above water and fly- subject to the jurisdiction of the United § 164.13 Maximum number allowed in any one port. The maximum number of ships of war belonging to a belligerent and its allies which may be in one of the ports, harbors, or roadsteads subject to the jurisdiction of the United States simultaneously shall be three.*† States as a station or place of resort for any warlike purpose or for the purpose of obtaining warlike equipment; no privateer of a belligerent shall be permitted to depart from any port, harbor, roadstead, or waters subject to the jurisdiction of the United States; and no ship of war of a belligerent shall be permitted to sail out of or leave any port, harbor, roadstead, or waters subject to the jurisdiction of the United States from which a vessel of an opposing belligerent (whether the same shall be a ship of war or a merchant ship) shall have previously departed, un-States, the one entering first shall depart til after the expiration of at least 24 hours from the departure of such last mentioned vessel beyond the jurisdiction of the United States.*† *§§ 164.11 to 164.19, inclusive, issued under the authority contained in R.S. 5281-5291, 40 Stat. 221-223, 231; 18 U.S.C. 21-39. †The source of §§ 164.11 to 164.19, inclusive, is Proclamation 2348, President of the United States, Sept. 5, 1939; 4 F.R. 3810. § 164.12 Time allowed in port; exceptions. (a) If any ship of war of a belligerent shall, after the time this notification takes effect, be found in, or shall enter any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, such vessel shall not be permitted to remain in such port, harbor, roadstead, or waters more than 24 hours, except in case of stress of weather, or for delay in receiving supplies or repairs, or when detained by the United States; in any of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as the cause of the delay is at an end, unless within the preceding 24 hours a vessel, whether ship of war or merchant ship of an opposing belligerent, shall have departed therefrom, in which case the time limited for the departure of such ship of war shall be extended so far as may be necessary to secure an interval of not less than 24 hours between such departure and that of any ship of war or merchant ship of an opposing belligerent which may have previously quit the same port, harbor, roadstead, or waters. § 164.14 Order of departure. (a) When ships of war of opposing belligerents are present simultaneously in the same port, harbor, roadstead, or waters, subject to the jurisdiction of the United first, unless she is in such condition as to warrant extending her stay. In any case the ship which arrived later has the right to notify the other through the competent local authority that within 24 hours she will leave such port, harbor, roadstead, or waters, the one first entering, however, having the right to depart within that time. If the one first entering leaves, the notifying ship must observe the prescribed interval of 24 hours. If a delay beyond 24 hours from the time of arrival is granted, the termination of the cause of delay will be considered the time of arrival in deciding the right of priority in departing. (b) Vessels of a belligerent shall not be permitted to depart successively from any port, harbor, roadstead, or waters subject to the jurisdiction of the United States at such intervals as will delay the departure of a ship of war of an opposing belligerent from such ports, harbors, roadsteads, or waters for more than 24 hours beyond her desired time of sailing. If, however, the departure of several ships of war and merchant ships of opposing belligerents from the same port, harbor, roadstead, or waters is involved, the order of their departure therefrom shall be so arranged as to afford the opportunity of leaving alternately to the vessels of the opposing belligerents, and to cause the least detention consistent with the objects of this proclamation.*† § 164.15 Use of radio and signal apparatus. All belligerent vessels shall re(b) Vessels used exclusively for scien-frain from use of their radio and signal tific, religious, or philanthropic purposes apparatus while in the harbors, ports, are exempted from the foregoing provisions as to the length of time ships of war may remain in the ports, harbors, roadsteads, or waters subject to the jurisdiction of the United States.*+ roadsteads, or waters subject to the jurisdiction of the United States, except for calls of distress and communications connected with safe navigation or arrangements for the arrival of the vessel within, or departure from, such harbors, ports, | Damages which are found to have been roadsteads, or waters, or passage through produced by the enemy's fire shall in no case be repaired. such waters: Provided That such communications will not be of direct material aid to the belligerent in the conduct of military operations against an opposing belligerent. The radio of belligerent merchant vessels may be sealed by the authorities of the United States, and such seals shall not be broken within the jurisdiction of the United States except by proper authority of the United States.*† (b) No ship of war of a belligerent shall effect repairs or receive fuel, lubricants, feed water, or provisions within the jurisdiction of the United States without written authorization of the proper authorities of the United States. Before such authorization will be issued, the commander of the vessel shall furnish to such authorities a written declaration, duly signed by such commander, stating the date, port, and amounts of supplies last received in the jurisdiction of the United States, the amounts of fuel, lubricants, feed water, and provisions on board, the port to which the vessel is proceeding, the economical speed of the vessel, the rate of consumption of fuel, lubricants, and feed water at such speed, and the amount of each class of supplies desired. If repairs are desired, a similar declaration shall be furnished stating the cause of the damage and the nature of the repairs. In either case, a certifi cate shall be included to the effect that the desired services are in accord with behalf. (c) No agency of the United States Government shall, directly or indirectly, provide supplies nor effect repairs to a belligerent ship of war.*+ § 164.16 Supplies. No ship of war of a belligerent shall be permitted, while in any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew in amounts necessary to bring such supplies to her peace standard, and except such fuel, lubricants, and feed water only as may be sufficient, with that already on board, to carry such vessel, if without any sail power, to the nearest port of her own country; or in case a vessel is rigged to go under sail, and may also be propelled by machinery, then half the rules of the United States in that the quantity of fuel, lubricants, and feed water which she would be entitled to have on board, if dependent upon propelling machinery alone, and no fuel, lubricants, or feed water shall be again supplied to any such ship of war in the § 164.18 Exercise of right of search; same or any other port, harbor, road-prizes. No vessel of a belligerent shall stead, or waters subject to the jurisdic- exercise the right of search within the tion of the United States until after the waters under the jurisdiction of the expiration of 3 months from the time United States, nor shall prizes be taken when such fuel, lubricants and feed by belligerent vessels within such waters. water may have been last supplied to her Subject to any applicable treaty proviwithin waters subject to the jurisdiction sions in force, prizes captured by belligof the United States. The amounts of erent vessels shall not enter any port, fuel, lubricants, and feed water allowable harbor, roadstead, or waters under the under the above provisions shall be based jurisdiction of the United States except on the economical speed of the vessel, in case of unseaworthiness, stress of plus an allowance of 30 percent for weather, or want of fuel or provisions; eventualities.*+ when the cause has disappeared, the prize must leave immediately, and if a prize captured by a belligerent vessel enters any port, harbor, roadstead, or waters subject to the jurisdiction of the United States for any other reason than on account of unseaworthiness, stress of weather, or want of fuel or provisions, or fails to leave as soon as the cirwhich justified the § 164.17 Repairs. (a) No ship of war of a belligerent shall be permitted, while in any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, to make repairs beyond those that are essential to render the vessel seaworthy and which in no degree constitute an increase in her military strength. Repairs shall be made without delay. cumstances en |