05/1386: Prohibition of Trading with the Enemy

[Aurangzeb Khan]

05/1386: Prohibition of Trading with the Enemy
4 Dey 1386

Ardashir Khan Osmani, by the Kharenah of Zurvan, Count of Lesser Zjandaria, to his subjects and retainers, greetings, and unto the gods of Shireroth undying and unthinking obsequience.

Know that We, Mibaradardam be Khorshid va Mah Minamaz dadanam Zurvan, have in the first place granted to Zurvan this Ordinance which by his Kharenah is confirmed for us and our heirs forever.

Preamble
An Act to impose penalties for trading with the enemy, to make provision as respects the property of enemies and enemy subjects, and for purposes connected with the matters aforesaid.

Trading with the Enemy and matters relating thereto

Article One: Trading with the Enemy
(1) Any person who trades with or attempts to trade with the enemy within the meaning of this Act shall be guilty of an offence of trading with the enemy, and shall be liable-
(a)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both such imprisonment and a fine, or
(b)on summary conviction, to imprisonment for a term not exceeding twelve months or to a fine not exceeding five hundred pounds, or to both such impsonment and such fine;

or
(ii) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had already been performed when the payment was received, and had been performed at a time when the person from whom the payment was received was not an enemy.
(3) Any reference in this section to an enemy shall be construed as including a reference to a person acting on behalf of an enemy.
(3A) In any proceedings for an offence of trading with the enemy, the fact that any document has been despatched addressed to a person in enemy territory shall, unless the contrary is proved, be evidence, as against any person who was a party to the despatch of the document, that the person to whom the document was despatched was an enemy.
and the court may in any case order that any goods or money in respect of which the offence has been committed shall be forfeited.
(2) For the purposes of this Act a person shall be deemed to have traded with the enemy-
(a)if he has had any commercial, financial or other intercourse or dealings with, or for the benefit of, an enemy, and, in particular, but without prejudice to the generality of the foregoing provision, if he has-
(i) supplied any goods to or for the benefit of an enemy, or obtained any goods from an enemy, or traded in, or carried, any goods consigned to or from an enemy or destined for or coming from enemy territory, or
(ii) paid or transmitted any money, negotiable instrument or security for money to or for the benefit of an enemy or to a place in enemy territory, or
(iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the commencement of this Act; or
(b)if he has done anything which, under the following provisions of this Act, is to be treated as trading with the enemy:
and any reference in this Act to an attempt to trade with the enemy shall be construed accordingly.
Provided that a person shalt be deemed to have traded with the enemy by reason only that he has-
(i) done anything under an authority given generally or specially by, or by any person authorised in that behalf by the Count of the Lesser Zjandaria

Article Two: Definition of the Enemy
(1) Subject to the provisions of this section, the expression "enemy" for the purposes of this Act means-
(a)any State, or Sovereign of a State, at war with the Count, His Grace the Duke, His Imperial Majesty the Kaiser,
(b)any individual resident in enemy territory,
(c)any body of persons (whether corporate or unincorporate) carrying on business in any place, if and so long as the body is controlled by a person who, under this section, is an enemy,
(d)any body of persons constituted or incorporated in, or under the laws of a State at war with the Count, His Grace the Duke, His Imperial Majesty the Kaiser and;
(e)as respects any business carried on in enemy territory, any individual or body of persons (whether corporate or unincorporate) carrying on that business;
but does not include any individual by reason only that he is an enemy subject.
(2) The Count may by order direct that any person specified in the order shall, for the purposes of this Act, be deemed to be, while so specified, an enemy.

Article Three: Inspection and supervision of businesses
(1) The Board of Trade, if they think it expedient for securing compliance with section one of this Act so to do, may by written order authorise a specified person (hereafter in this section referred to as "an inspector") to inspect any books or documents belonging to, or under the control of, a person named in the order, and to require that person and any other person to give such information in his possession with respect to any business carried on by the named person as the inspector may demand, and for the purposes aforesaid to enter on any premises used for the purposes of that business.
(2) If, on a report made by an inspector asy business, it appears to the Board of Trade that it is expedient, for securing compliance with section one of this Act, that the business should be subject to supervision, the Board may appoint a person (hereafter in this section referred to as "a supervisor") to supervise the business, with such powers as the Board may determine.
(3) If any person, without reasonable cause, fails to produce for inspection, or furnish, to an inspector or a supervisor any document or information which he is duly requested by the inspector or supervisor so to produce or furnish, that person shall be liable, on summary conviction, to a fine not exceeding 5,000 erb or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(4) If any person, with intent to evade the provisions of this section, destroys, mutilates or defaces any book or other document which an inspector or a supervisor is or may be authorised under this section to inspect, that person shall be liable-
(a)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both such imprisonment and a fine, or
(b)on summary conviction, to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.

Article Four: Purchase of Enemy Currency
(1) Purchasing enemy currency shall be treated as trading with the enemy.
(2) In this section the expression "enemy currency" means any such notes or coins as circulate as currency in any area under the sovereignty of a Power with whom His Imperial Majesty is at war, not being an area in the occupation of His Imperial Majesty or of a Power allied with His Imperial Majesty, or any such other notes or coins as are for the time being declared by an order of the Count to be enemy currency.

Article Five: Property of Enemies and Enemy Subjects

(1) With a view to preventing the payment of money to enemies and of presey property in contemplation of arrangements to be made at the conclusion of peace, the Count may appoint custodians of enemy property, including intellectual property, and may by order -
(a)require the payment to the prescribed custodian of money which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy, or which would, but for the provisions of section four or section five of this Act, be payable to any other person;
(b)vest in the prescribed custodian such enemy property as may be prescribed, or provide for, and regulate, the vesting in that custodian of such enemy property as may be prescribed;
(c)vest in the prescribed custodian the right to transfer such other enemy property as may be prescribed, being enemy property which has not been, and is not required by the order to be, vested in the custodian;
(d)confer and impose on the custodians and on any other person such rights, powers, duties and liabilities as may be prescribed as respects-
(i) property which has been, or is required to be, vested in a custodian by or under the order,
(ii) property of which the right of transfer has been, or is required to be, so vested,
(iii) any other enemy property which has not been, and is not required to be, so vested, or
(iv) money which has been, or is by the order required to be, paid to a custodian;
(e)require the payment of the prescribed fees to the custodians in respect of such matters as may be prescribed and regulate the collection of and accounting for such fees;
(f)require any person to furnish to the custodian such returns, accounts and other information and to produce such documents, as the custodian considers necessary for the discharge of his functions under the order;
and any such order may contain such incidental and supplementary provisions as appear to the Board of Trade to be necessary or expedient for the purposes of the order.
(2) Where any requirement or direction with respect to any money or property is addressed to any person a custodian and accompanied by a certificate of the custodian that the money or property is money or property to which an order under this section applies, the certificate shall be evidence of the facts stated therein, and if that person complies with the requirement or direction, he shall not be liable to any action or other legal proceeding by reason only of such compliance.
(3) Where, in pursuance of an order made under this section,-
(a)any money is paid to a custodian,
(b)any property, or the right to transfer any property, is vested in a custodian, or
(c)a direction is given to any person by a custodian in relation to any property which appears to the custodian to be property to which the order applies,
neither the payment, vesting or direction nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time-
(i)some person who was or might have been interested in the money or property, and who was an enemy or an enemy subject, had died or had ceased to be an enemy or an enemy subject, or
(ii)some person who was so interested, and who was believed by the custodian to be an enemy or an enemy subject, was not an enemy or an enemy subject.
(4) Any order under this section shall have effect notwithstanding anything in any Act passed before this Act.
(5) If any person pays any debt, or deals with any property, to which any order under this section applies, otherwise than in accordance with the provisions of the order, he shall be liable on summary conviction to imprisonment for a term not exceeding six months; and the payment or dealing shall be void.
(6) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on summary conviction to a fine not exceeding ten pounds for every day on which the default continues.
(7) All fees received by any custodian by virtue oforder under this section shall be paid into the Count.
(8) In this section-
(a)the expression "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject;
(b)the expression "property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt, or other chose in action, and any other right or interest, whether in possession or not; and
(c)the expression "prescribed" means prescribed by an order made under this section.

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Ardashir Khan
Khan of Vijayanagara
Count of Lesser Zjandaria
Amir of the Zjandarian Militia and Police