https://dh.scu.edu/exhibits/files/original/86/3083/p16855coll4_12130.pdf c68b6563d56ce0a7bd6f27cea8cee5a3 PDF Text Text 1 UNITED STATES DEPARTMENT OF JUSTICE + + + REGULATIONS CONTROLLING TRAVEL AND OTHER CONDUCT OF ALIENS OF ENEMY NATIONALITIES UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1942 �3 REGULATIONS CONTROLLING TRAVEL AND OTHER CONDUCT OF ALIENS OF ENEMY NATIONALITIE S Pursuant to the Proclamations of the President of D~cember 7 and 8 1941 and J anuary 14, 1942, covering the conduct of ah_ens of enemy n'ation~lities, the following r egulatiq:ps are hereby prescnbed : . SECTION 1. Classes of persons controlled by t~tese regulatu~ns.­ Except as hereinafter expressly excl~ded by Sect10!1 21 persons m the United States (including Puerto ~Ico and the VIrgm I slands) required to comply with these regulatiOns are as follows : (a ) All aliens of th~ age of 14 years or older who were or are natives, citizens, or subJects of Germany, Italy, or J apan. (b) All aliens of the ~.ge of 14 _years or older who at present ~~e stateless but who at the time at whiCh they became stateless were citizens or subjects of Germany, Italy, or Japan. . SECTION 2. Classes of persons not required t~ comply with t~ese regulations.-Persons not required to comply with these regulatiOns are as follows : ' . . · h (a) Former German, Italiw, .or J apanese ci t1zens or sub~ e_cts w o before December 7, 1941, in the case o~ former J apane~e Cltizen.s or subjects, and before December 8, 1941, m the ca~e. of former q-erman or Italian citizens or subj ects became and are citizens or subJects of . any nation other than Gerj]jllany, Italy, 01; J apan. (b) Austrians or Austrian-Hun~arians (~u;;tro-~ung~nans ) or Koreans who registered as such under the Ahen Reg~stratwn Act _of 1940, provided that such person~> ha':e. not at any_ tune voluntanly . . . become German, Italian, or Japanese citizens or subJect~. But these regulations shall not. be construed as defimng or hm1~mg the classes of aliens of enemy nationalities S?~j ect to apprehe~s10~ detention, or internment or the other provisions of the aforesa1 Proclamations. ' ' . ' · · A l' f SECTION 3. Travel without specml_pent~Isswn.- n a 1en o enemy nationality subject to these regulatiOns Is hereby granted general permission to travel as follows: , , . . (a) Travel within a community.-An alien of ene~.Y n~twnahty may travel or move about within the limits <;>f t~e mu!iicipahty 1 town, village, locality, or urban or rural comll!umty m whiCh he resides or in which he has his regular p~ace _of busmess, f•:om place ~oylace and in such manner as will permit him to engage_ IP. the activities us~al in his community. The hmits o.f .sue~ ?ommumt_y shall not m;c~ssapl~ be fixed by boundaries of mume1pahties, counties, ~tates, or JUdicia districts, but shall iJ?-clude in e_ach ca~e the metropo.htan or other comf munit area in whiCh the ahen resides or has his regular flace o busin:Ss and shall include all that ~rea g~ne~ally thought o as coni stituting a greater city or metropolitan d1stnct or an urban or rura community. . · l" (b) Commuting to business.-An ahen of enemy ~atwna 1ty may commute betwee:n his home and his regular place of busmess: (c) Travel to places of worship, schools, or Governme~t agen· cies.-An alien of enemy nationality may travel between his homt (2) . and his usual place of religious worship, or the school, college, or institution of learning at ·which he may be in regular attendance, or between his home and any F ederal, State, or loca l government agency with '"hich he may be requ ired by such agency to transact business. (d) Foreign travel.- An alien of enemy nationality may complete a trip to or from a place out of the United St ates, provided however, that such alien complies with all regulations governing such foreign travel. SEcTION 4. Occasional travel or trips.-An alien of enemy nationality shall not travel or make trips or move from one locality to another except as herein provided : (a) The alien of enemy nati onality shall file in writirtg with the United States Attom ey of the district of his residence, a statement setting forth th e particulars hereinafter enumerated .. (b) Such statement shall be fi led, together -with at least two copies (and any additional copies requ ired by the United States Attorney ) with the United States Atto rney at least 7 days prior to the intended deixtrture except that the United States Attorney may, in exceptional cases and in the exercise of his discretion, waive all·or any prurt of such . 7 days' noti ce. (c) Such ·statement and copies shall be p1·epar ed and fil ed person ~lly by the alien desiring to make such trip at the office of such United ·States Attorney or ' at stl cl). place as he 'shall designate, except that, becauf'e of the .dist an ce b'etwei:m the p h-tee of residence of the ali en and the office of the U1\ited States Attorney o1· other good and .sufficient reason, tl1-,e-United States Att o·rn ey may permit such statement and copi es together with a self-addressed stamped envelope to be mailed to hip1 so as to be'receivccl nt l e~tst 7 clays prior to· the intended com, mencement of the tr'ip. · (d) Su?h statem ent and copies shall l;>e made out ;upon forms to be prescnbed by the Attorney General or in the absence thereof by the United States Attorney and shall contain the following information: (1) The name of the alien oJ enemy nationality; (2) the horne address' of the alien of enemy nationality and the telephone number, if any, of such place of r esidence ; (3) the business address, if any, of -such aliet1 of enemy nationality and the telephone number, if any, of such place of business ; ( 4) the ali en enemy certificate of identification number of snch afien of enemy nationality tdter it is obtained; ( 5) a det ailed st atement of the purpose for w biCh ~ the ·trip is to be made. and the person s to be visited; ( 6) the proposed intermediate and final destinations of the trip; (7) the intended date of departure; (8) the i~tend~d date of ~etur!l; _(9) the address or addresses at wluch the allen of enemy natiOnality mtends to be found while he is away from his permanent address ; ( 10) the route to be followed to and from thefoint of destination; and (11) the common carrier or other means o transportation which the alien of enemy nationality intends to use. . (e) The United States Attorney shall retain the original of such statements in his files and shall forward copies th ereof to the local office of the Federal Bureau of Investigation, and shall inquire of · the F. B. I. for any facts indicating that the particular t rip proposed by the particular a'lien of enemy nationality would in any manner endanger the national security. ' 440017°- 42 �I 4 (f) If, after such inquiry to the F. B. I., and such further inv~sti­ gation as the United Stat_es Att_orJ?-ey may see fit t~ conduct, the Umted States Attorney at any tlme withm the 7 day penod sh~ll know of. no r eason why the particular trip ·would endanger the nati?~al secunty, he shall stamp or write an endorsement t~pon ~he r emammg C?PY of the said statement that it was duly filed with hun and shall dehver or mail to the alien enemy such endorsed copy of the s t~tement.. . (g) The alien of enemy n ati<;>nality shall., at. al_l tune~ while h~ Is so travelina have with him on his pe'rson or m his Immediate physical possession tile endorsed copy of such statement. . . The United States Attorney shall have, however, authont:y I~l any case to prohibit any particular trip, or to cancel any permrssu?n to travel granted by him if he shall deem it dangerous to the natwnal security. SECTION 5. Frequent travel or regular business travel.-:-An alien of enemy nationality accu stom~d to freq~ent or regular bus~ness travel (e. g. traveling sale~m~n, tourmg ~heatncal perf?rmers, d~·Iv:rs of trucks and busses and Similar cases), mstead of seekmg penmsswn pursuant to section 4 may apply for permission to travel as herein. after provided: . . . · ( a) The alien shall present himself m pe~son to the U:mt~d Stat~s Attorney or to an assist.ant d~~ignated ~y . hrm, for the d1stnct of l~Is r esidence and shall file m wntmg an ongmal and at least two copieS (and any additiona~ ~opies required .by the United State~ Att?rney) of a statement contammg as full detail of all facts ~oncerm~1g himself, his business and the time he has been engaged therem and his proposed travel as tile United States Attorney shall in the particular case requir~. This statement sh~ll . conta.in in as gr~at partic~larity. as shall be practicable a descnptw,n of tl~e. travel mtended, mcludmg the place or places and per sons to be viSited, dates of the proposed trips and the route or routes to be followed. : (b) Such permission will not be gra_nted unless -the United States Attorney is sat~sfied that such trave~ ~s necess~ry and does n~t ~n­ danger the pubhc safety and that reqmrmg the ah~n to seek permiss~on to travel for each trip undet sectiOn 4 would Impose an excessive h ardship. '· . . · . . . (c) In all cases in which the pmte~ States Att?rney IS satisfied·that the applications warrant consideratwn, the Umted States Attorney sh all forward copies of such statement to the F. B. I. and requ~st t o be ad vised whether facts are known indicating that such permission to travel would endanger or be detrimental to the public safety or national security. . . . . . (d) In those cases in whiCh, after.m.vesbgatlon, the Umted States Attorney is satisfied that s~cl~ pe~misSI?J?- may properly be granted, he shall endorse such penm~swn m :vntmg o~ a C?PY ?f the statement and may note in the allen's certificate of Idenbficatwn that permission has been granted in such manne~· and form as he sh~ll. deem best suited to the particular case, proVIded that. the perm1sswn to travel sh all in no case be more general or extens1ve than the neces· .· . · sities of the particular case r eqmre. (e) An alien enemy who has secured such penmsswn to trave~· ~ay · th ereafter travel .in accord3;nce ":ith the terr~s of such lerm~sswn without also having comphed w1th the reqmre;nents o. section 4 h ereof, provided that before he makes any particular tnp he shall 5 no~i~y the United. States Attorney who issned such permission in and by ma1l, of the designation, the route to be followed, the earner to be empl oyed, and the date of the commencement of the trip. If the intended journey will include intermediate destinations or stop-overs the full particular s as to each trip or part ther eof must be included. Such information must be sufficient so that at all times the United States Attorney may know the wh ereabouts of such alien. . · · SECTION 6. Tr.a vel ~Y airplalle-:-No ~lien of enemy nationality shall make any fl1ght of any nature man all'plane or other aircraft. SECTION 7. Change of place of abode, employment, or name.( 0) No alien of enemy nationality shall ch ange his place of abode or l~1s pla~e of emplo:yment unless he shall have at least 7 days previously filed With the Umted States Attorney for the district in which h e r esides a statement in writing containing the full particulars of such change. . (b) When,ever the holder o~ a Cer~ificate of Identificabon changes his .name unc~er legal. authonty, residence address, or place of emp1oym~nt, wn~ten ~obce~ t_h~reof shall immediately be given to (1) t~1e Ahen .RegistratiOn DivisiOn of the Immig ration and Naturalization Service, and (2) the F ederal Bureau of InvestiO'ation at the 0 office shown in the holder 's Certificate of I dentifica tion. SECTION 8. Radio transmitter!3·~No alien enemy shall use or operate or posses~, or have ~md er Jus ·cust:ody or control at any time or place ~ny radiO transmitter. :Vor this purpose the 'vords "radio tran smitter" are to be cons.trued as including any apparatus desio·ned to be used or capable of bemg used for the sendina or transmittii~a 0f radio signals, communi cations or messages of :ny kind or nature whatsoever. , ;, SEcTION. 9. S.hort-wave radio receiving sets.-( a) No alien of enemy natwnahty shall use or operate or possess or h ave under his custody or control at any time or place any short-wave radio receiving set, except where permission t o do so 'is r eceived as provided iu paragraph (d) hereof. For this purpose the words "short-wave r!lclio r eceiving set" are to be cons~rueq . as including any apparatus defO~gned to be used or capable o_ f be_mg used for the purpose of receivino· signals, messages, or commumcatwns of any nature whatsoever which :::igna~s, messages, ?r com~unication s ar e transmitted by m~ans of amphtude modulatiOn radw waves of a frequency of 1,750 kilocycle.; or greater, or of a frequency of 540 kilocycles or less. (b) A s~ort- ~vave r adio r eceiving set ~s . defined in paragraph (a ) hereof whiCh IS also capable of recmvma standard-wave radio communication s is deemed to be within the class of short-wave radio receiving sets prohibited unless the set is so altered or modified that short-wave radio communications or messages cannot be r eceived by the said set, and fur ther, unless the set is so altered or modified that it is ~mpossible without the aqdition of more parts and the substantial reb~l?mg of the set to ~nodify the_ set. so that it will be capable of rece1vmg shott-wave radw commumcabons. (c) ~t shall be the duty of any alien of enemy nationality to ascertam whether or not any radio in his possession is prohibited and he shall be held responsible for knowing whether or not such set is a short-wave radio r eceiving set. wnt~ng \ �( gat St! r ea he the ma so . po: r ca1 ir2 sec ali tr2 of pu af At r e. (a of hi: tr re• sh th tr: tl: sl: tc Sl OJ .A hi li li b tJ s: tl '\'1 h 6 7 (d) The several United States Attorneys are hereby authorized to grant permission in writing to any such alien to use, oper ate, possess or have in his custody or control short-wave radio receiving sets in cases where it appears to the satisfaction of the United S tates Attorney that the granting of the permission is needful to the applicant's regular and customary mode of earnin g a livelihood and it does nut appear that the granting of permission will in any manner be detrimental to the national security. The alien shall make written application, stating his name, certificate of ·identification number after it is obtained, residence, business address, the specific equipment or, i! that is impracticable the specific classes of equipment, with r espect to which he desires to obtain permission , the r eason for which such permi ssion is desired, the r espect in which the equipment is needed for his earning a livelihood, and the length of time during which he has 'e arned his livelihood in such manner. \iVhere granted, such permission shall be in writing and shall be expressly limited to fit the needs of the particular case and may, in the discretion :of the United States Attorney, be further limited and restricted in any manner or . r~spect which he shall deem to be in the interests of national security . , SECTION 10. Cameras.-(a) No alien of enemy nationality shall use or operate or possess or have under his custody or control at any ti.me or place any camera except as hereinafter provided. · (b) Fixed cameras which are not readily transportable to the place of deposit designated by the loaal police authorities and which . are customarily regarded as studio cameras and not as hand cameras may temporarily be r etain ed, providing that any alien of enemy nationality :having such camera in his possession, custody, or control, shall make a . written report thereof to the local police authorities. Such cameras, however , shall not be used exce;pt pursuan t to permission obtained in accordance with the provisions pf paragraph (c) hereof. ( o) The several United States Attorneys are hereby authorized to .· grant permission in writing to an alien of enemy nationality to possess or operate or have under his c~ stocl.y or control a; camera, either · fixed or otherwise, in cases where it appears to the satisfaction of the United States Attorney that the granting of the permission is needful to the applicant's regular .and cu stom ~try mode of earning a livelihood and it does not appear that the granting of permission will in any manner be detrimental to the national secl.\rity. The alien shall make written application stat.i ng his name, certificate qf· identification mim.ber after it is ol)tained, r esidence, busineps address, the sp ecific equipment, or if that is impracticable, the specifi~ classes .of equipment, with respect to which he desires to .o btain permission (if telescopic or other special equipment is to be used such facts shall be stated in detail), the reason for which such permission is desired, the. r espect in which the ' equipment is needed for his .earning a livelihood·, and ~he length of time during which he has earned his livelihood in s uch manner. Where granted, such permission shall be in writing aJ1d ~h!i,ll be expressly , limited to fit the needs of the particular case and may, i~ the discretion of the United States Attorney, be further limit.E\d and restricted in any m anner or respect .which he shall deem to be in the. interes'ts of national security. ' · . ; .. : . ' .' _SEcTION 11. Fire_arm~ and other prohibited articles.-(a): No ahen of enemy natwnahty shall use or operate or pQssess, or. J:u,tve under his custody or control at any time or place any firear m except as ,erovided in paragraph ( o) h ereof. (b) No alien of enemy nationality shall us~ or operate or possess 1 or have under his custody or control at any time or plac~ any arhcle (other than r adio equipme~t, cameras, an~ firea:rms _h ere111_abo;re provided for), the use, operatwn, or P?ssesswn of wh_lCh a~'tlcle lS prohibited by paragraph 5 of the reo·ulatwns of the Presidential proclamations of December 7 and 8, 1941, except as provided in paragraph (c) hereof. ' . d . ( o) The several United States! Attorneys are h~re?y ~utho~I~e ~n extraordinary and exceptional cases to grant perm1ss10n 111 ~vntmg w an alien of enemy nationality to P?s.sess or ~o ha-ye under ~1s custody or control firearms or other proh1b1ted ar-t1cles If the Umted ~tates Attorney after thorough investigation is satis~ed that the ~rantu;g of such permission will in no manner be detnmental to tlle _natwnal security. · SEcTION 12. Deposit of prohibited artic_Ies.-( a) It shal_l at _all times hereafter remain the dut~ of e' ery ~hen of enemy natw~a.hty (required by the pre~ent or pr1_or r~gulatl<;ms to deposit proh1b1~ed articles with the pohce) t? de_liver ~mmed1ate~y to th~ local pollee authorities in the commumty 111 whlch he res1des or 1s P~'esent all short-wave receiving sets, cameras, firearms, and other art~cles prohibited by the proclamati?ns of December 7 ~nd 8, 1941, wh_lCh are at the time of the promulgatwn of these regulatwns or at any time thereafter in his possession. ,. . (b) E very alien of enemy natl<?nahty who, for. any reason? has _at any time o~ shall hereafter ~ave fa1led to co!11Pl'Y w1t~ the Presidell:tlal proclamatwns -and 'I'e<Yulat_wn~ , s~all su_bmit £ort~1With t<? the Umted States Attorney for· the d1stnct 111 whiCh he r es1des or 1s _present, a .-.:tatement in writin 0' of the- facts and the reasons f or such fa1lure. ~ 'sECTION 13. Custody of prohibitetl articles.-The_United Sta~es marshal in each district shall, as soon 3:s practlcab~e~ recen~e from the local police authorities in such distn ct_, all PTolnbited ar_tlcles which have been or shall h ereafter be depos1ted with such P?hce authorities in accordance with the Attorney ·General's r egulatwns. Each local police authority who has r e_ce.ived or _who shall hereaf~er receive the deposit of any such ' pr~lub~te~ a~t1cle. s~all · forthwith notify the United States :~arshal ?f Ius chstl'ICt m :vntmg that h~ has accepted custody of proh1b1ted art1cles. Upon. recmpt of such notification the U nited States mar shal shall m ak e sm table arr~n.gement? for the inventory, transportation, a~1d storag~ ?f such _prolub1te~ artl~les, ·md shall deliver to the local pohce authontles a smtable r ecmpt. The United States marshal sh all all times keep curreilt an inventory of all such prohibited articles i_n his possession and sh all forward a copy of such inventory to the Umted States Attorney, a copy~ tl!e special agent in charge of the field office of t~1e F. B. I. for his d1st~1Ct, and a copy to the Alien Enemy Control Umt, Department of J usbce. SECTION 14. Release of articles.-The United States Attorney may ~uthorize release of deposite~ articles as follov~s : . (a) Articles the deposit of wluch _was not reqmred by the Presidential proclamations and the regulat10~1s t~1ereund~r. (b) R adio receiving sets, capable of be111g mo~hfied. to be a nonprohibited article if the United States Attorney 1s sat1sfied that the a.t �8 g ~ l' l t I modification will be carried out and will in fact render the set a nonprohibited arti cle. (c) Articles which the United States Attorney has in writing permitted the alien to possess as provided in these regulations. (d) The United States marshal shall, upon wn tten authority from the United States Attorney for his di strict, deliver prohibited or deposited articles in his possession to the person who originally deposited the same or to his agent duly designated in writing upon presentation and surrender of tlti,e original rece~pt given upon the deposit of such article. SEcTION 15. Prohibited and restricted areas.-Notwithstanding the provisions of Section 3 the presence and conduct of an alien of enemy nationality are controlled in certain areas as follows: (a) No alien of enemy nationality shall reside in, enter upon, remain in, or be found within any area designated heretofore or hereafter by the Attorney General of the United States as a prohibited area. (b) No alien of enemy nationality shall reside in, enter upon, r emain in, or be found within any .area designated heretofore or hereafter by the Attorney General of the United States as a restricted area except that permits •may be issued to such aliens to be in such restricted areas under prescribed conditions. · SECTION 16. Violation of ·:regulations.-(a) Any alien of enemy nationality subj ect to these regulations who fails to comply with these regulations or any other regulations governing the conduct of aliens of enemy nationalities, is subject to apprehension, detention, and internment for the duratrioh 'Of the war. (b) Any alien of enemy nationality who shall aid, abet, counsel, command, induce, or procure any other alien ·of enemy nationality to fail to comJ?lY with any of these regulations or any other regulations govetntng the C'onduct ·of ·aliffil.s •o'f enemy nationalities, is subj ect to apprehension, r@:etention, and internment for the duration of the war. (c) Any prohibited artic1es possessetl. in violation of the aforesaid Proclamations .of the ~r~sid;En~t, or of th'ese regulations are subject to summar y smzure ana 'forfe1ttn~e. D ated : F ebruary '5, '19~2. FRANCIS BIDDLE Attorney Gooeral. U. 8. GOVE RNM ENT PRI NTI NG OFPICii: lUI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Regulations controlling travel and other conduct of aliens of enemy nationalities Creator An entity primarily responsible for making the resource Biddle, Francis, 1886-1968: author; United States. Department of Justice: publisher Subject The topic of the resource Fisherman's Wharf (San Francisco, Calif.) Description An account of the resource A pamphlet explaining the regulations and restrictions put onto Japanese, Italian, and German aliens. Date A point or period of time associated with an event in the lifecycle of the resource 1942