ENEMY TRADING

Dominion, Volume 9, Issue 2761, 3 May 1916, Page 6

ENEMY TRADING

IMPORTANT RESTRICTIVE

MEASURES

NEW REGULATIONS

Important wor. regulations relating to enemv trading- were nubliskotl last night in a Gazette Extraordinary. Following Is the text of the new regulations:— 1. (1) No alien enemy, other' Humane who is also a British .subject, shall be engaged'in foreign trade. [•>) livery person shall bo deemed lor the purposes of this regulation to te en-s-aged in foreign "trade who, whether as principal or agent, imports, or procures the importation of, or is in 'any manner concerned in tho importation of goods into New Zealand from any other country, whether within the British Dominions or not, or exports, or procures the exportation of, or is in any way concerned iu the exportation of goods from New Zealand to any other country, whether within the British Dominions or not.

(3) Without iu any way limiting tho generality of the foregoing-provisions, every person shall for tho purposes of this regulation bs deemed to be engaged in foreign trade who acts as the agent of any person, firm, or company, whether in New Zoulnml or. elsewhere, in respect of the purchase, or sale of goods to be imported uito or exported from New Zealand by or on behalf of-tlie purchaser or seller, or in respect of the purchase or sale of goods consigned to or from New Zealand for sale, or in respect of the solicitations, receipt, making, acceptance, or transmission of offers for any .such purchase, sale, or consignment. 1 (1) The Attorney-General may, by notice in the Gazette, extend the provisions of this regulation to any specified alien enemy notwithstanding that he is a British subject, aJid on and after tho day named in that behalf in such notice this regulation shall extend and apply to the alien enemy so specified in the same man-' ner as if ho was not a British subject.

'(5) No person' shall bo engaged in foreign trade who is carrying on business in partnership '• with any alien enemy who is himself prohibited by or under this re"Kiilauon from being engaged in foreign trade. ..(B) Nothing in this regulation shall prevent tho importation or exportation by ony person of goods for his own usa unconnected with any business carried on by him. (7) Nothing in this regulation shall prevent the importation of goods which have already left the country of exportation before, the date of coining into operation of these regulation's,, or the completion (with the license of the Attorney-General) of any contract entered into before that date. 2. (1) When any alien .enemy who has theretofore been engaged iii/oreign trarto within the meaning of Iho lust preceding regulation has become, by reason of that regulation or of any notice issued by the i Attorney-General thereunder, unable lawfully to continue to bo so engaged, it shall not be lawful for .any other person, firm, or company at any time thereafter to carry on any business as tho successor of Unit alien enemy. (2) Any person, firm, or. company shall be deemed for the purposes of this regulation to carry, on business as tho successor of an alien'enemy if that person, firm, or company—

(a) Purchases' or otherwise acquires the business or' any part of l!io business of the'alien enemy; or (b) Carries on business under any name, style, description, or representation which in any manner; indicates or may .lie supposed to indicate that the business is thnt.of the alien enemy, or is in any way-connected therewith by succession, amalgamation, or otherwise; or (a) Enters into any agreement, arrangement, or understanding with the alien enemy by which ■the benefit of tho goodwill of his business or' any part thereof may directly or indirectly pass to or be acquired by such person, firm, or company, or b.v such person, firm, or ' company may. be enabled to continue that business or any part thereof. Enemy Shareholders. 3. (1) In this regulation—

''New. Zealand company" means any body corporate' which has a capital divided into shares and / is incorporated in New Zealand: "Enemy company" mains a body corporate which is incorporated in enemy territory, or in' or over which any enemy or any other, enemy company or any alien enemy (other 'than one who • is also a natural-born British subject) possesses or exercises any substantial interest or con- • trol: "Enemy" means any person or body corporate with whom or with which trading is, prohibited un- . der the Trading with the Duemy Act, 1914, or its amend- . ments, or the War Begulations. (21 If the Attorney-General is satisfied that any share in a New Zealand company belongs, or at any time. since the commencement of the present war with Germany has belonged, in law or in equity, to an enemy, or to an enemy company, or to an alien enemy other than a natu-ral-born British subject, or that any enemy or any enemy company or any siich alien enemy possesses, or at any time ■since the commencement of the present, war with.Germany.has possessed, any interest, whether legal, or equitable, iu any such share or in the income thereof or in the proceeds of the 6ale thereof, the At-torney-General may, by 'an order signed by him and published in the "Gazette," order and declare that such share shall he vested iu the Custodian of Enemy Property. < i. On the gazetting of any such order all shares to which it relates shall there-upon-vest at law in the Public Trustee, as the Custodian of Enemy Property, in trust to sell the same and to hold the same and the income thereof and the proceeds of the sale thereof in trust for all persons .having any interest in such shares, income, or proceeds in, accordance; with their respective interests; save and except that'where the shares were vested in, any trustee with power of eale the Public Trustee shall hold the same, and the proceed? and income thereof, in trust for such trustee, -without prejudice, however, to all trusts and equities affecting the same in the hands of the trustee.

5. (1) Every such Nov.- Zealand company, any shares in.which are so vested in die Custodian of Enemy Property, shall forthwith, on the request of the Custodian, register the Public .Trustee, in his capacity as Custodian of EnemyA Pronerty, iis the owner of those shares, whether they are registered in New Zealand or in any other register of the company elsewhere. (2) Nothing in the regulations or constitution of* any such company shall in any manner, take away or restrict the obligation of the company so to register the Public Trustee as the.owner of the shares.

(3 If any such New Zealand company makes default in so registering the Public Trustee as' tlio owner of any shares, each director, manager, or secretary of that company shall he guilty of an . offence against the War Regulations, and the companv may he declared by the At-torney-General to be an. enemy in the same manner and with the same consequences as if such declaration had been made under Clause 20 of the War Regulations of April 3, 1916. . ■ 6. It shall be- the duty of the Custodian of Enemy Property, as soun as reaeonablv practicable after the vesting in liim of any such shaves, to sell the. mtho in such' manner as he .thinks fit; and on hi'i executing a transfer thereof, in such fonn and manner as he thinks fit, to tho purchaser, and requesting registration ot the transfer, it shall he the duty of the company, notwithstanding anything to the contrary in the regulations or constitution of the company, -to register the purchaser us the owner of the shares so transferred. 7 (1) The proceeds of any such sale. r,t fha'res '"v the Custodian of Kncmy I'riine'rtv shall be disposed of in accordance witli the trusts affecting the fame in his hands, save that no moneys shall be I ijaid bv him to an enemy. ' (■') .\il moneys for (lie time bring unexpended bv the Custodian shall ho invested by hiin in accordance with the directions of the Minister of finance; and in default of such directions, then in tho

common fund of the Public Trust Office, I but to far as owing to nu enemy such moneys shall bear do interest. 8. The-Custodian of Enemy Property shall pay out of the. proceeds or income of and shares so vested in him all tails becoming payable on those shares, but shall not be otherwise liablo for such calls. 9. So long as the Custodian of Enemy Property acts in good faith in the execution of the powers, duties, and trusts conferred or 'imposed upon him under these regulations, or under any other War t Regulations, he shall be under no civil liability to any person whatever for any error, act, or 'default.

Enemy Companies in New Zealand. 10. (1) If the Attorney-General is satisfied, with respect to any company incorporated in New Xealaud, that any enemy, or any eiiemy company, or any alien enemy (other than ou» who is also a natural-born British subject) possesses or exercises any substantial interest or control in or over tliat company, the Attorney-General may by notico in the Gazette declare such first-mentioned company to bo an enemy. (2) Any such declaration may be at any time in like manner revoked.

Return of Foreign Correspondents. ■, 11'. (1) Every person, firm, or company carrying on business in New Zealand in respect of the purchase, sale, exportation, or importation of goods, and having any foreign correspondent or hit* ing had since the commencement of the present war with Germany any foreign correspondent in respect of that business or any part thereof, shall before May It, 1916, make and deliver to the Attorney-General a. return in writing of the name and place of business of every such foreign correspondent. (2) "Correspondent" means any person, firm, or "company bet.veen whom and the person, firm, or company making the return there exists or has existed the relation of principal and agent or of vendor and purchaser in respect of the purchase, sale, importation, or exportation of goods. (3) "Foreign correspondent" means any correspondent having a head office or chief place of business elsewhere than in the United Kingdom or a British possession or British protectorate or territory in the military occupation of His Majesty. (i) Every such return shall specify the nature of the , business of the foreign correspondent, and every place in which to tho knowledge or belief of the person, firm, or company making the return tho foreign correspondent has any office, factory, warehouse, branch, or other place of business.

(5) Failure to make any such return within tho timo aforesaid, or making any return which is knowingly incomplete or misleading, shall be an offence against the War "Regulations on the part of every person concerned in the management of the business in respect of which the return is dr ought to" have been.

Miscellaneous, 12. I'or the'purpose of these regulations and of all other War Regulations, tho term "alien enemy" includes tho wife of a.i alien enemy. 13. Tho Icnn "enemy". as used in the War Regulations means any person, firm, or company from whom or from which tho purchase of goods is prohibited under the Trading with tho Enoiuy Act, 151}, or the War Regulations. W. In all prosecutions for any breach of.the War Regulations in which tho liability of the accused depends on his being an alien enemy ho shall be presumed to be an alien enemy unless ■be produces sufficient evidence to the contrary. Note.—Tiic returns of foreign correspondents required by the foregoing regulations are not intended for publication, but will bo treated as strictly confidential, save so far as the disclosure of any /information so received may become necessary in the, course of legal proceedings in any Court of Justice. '.