Title 50War and National DefenseRelease 119-73

§4302 Definitions

Title 50 › Chapter CHAPTER 53— - TRADING WITH THE ENEMY › § 4302

Last updated Apr 6, 2026|Official source

Summary

Defines who counts as an "enemy" and related words for trade rules in wartime. An "enemy" can be people, partnerships, or companies living or doing business inside the territory of a nation the United States is at war with. It also includes that nation’s government, its local governments, and their officials or agents. The President can also declare other people who are citizens of that enemy nation to be "enemies" if he finds it necessary for U.S. safety or to win the war. "Ally of enemy" is defined the same way but for nations allied with a country at war with the United States, and the President can expand that group too. Other short definitions: "Person" means individuals, partnerships, associations, companies, unincorporated groups, corporations, or government bodies. "United States" means all land and water under U.S. authority or occupied by U.S. forces. "Beginning of the war" means midnight at the end of the day Congress declares war or a state of war. "End of the war" means the date ratified peace is exchanged, unless the President sets an earlier date. "Bank or banks" includes national and state banks, trust companies, and other banking associations. "To trade" covers paying or settling debts, handling negotiable instruments, making or performing contracts, buying, selling, lending, transferring property, or any business contact.

Full Legal Text

Title 50, §4302

War and National Defense — Source: USLM XML via OLRC

The word “enemy,” as used herein, shall be deemed to mean, for the purposes of such trading and of this chapter—
(a)Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.
(b)The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.
(c)Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “enemy.”The words “ally of enemy,” as used herein, shall be deemed to mean—
(a)Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory.
(b)The government of any nation which is an ally of a nation with which the United States is at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof.
(c)Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “ally of enemy.”The word “person,” as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic. The words “United States,” as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof. The words “the beginning of the war,” as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war. The words “end of the war,” as used herein, shall be deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the “end of the war” within the meaning of this chapter. The words “bank or banks,” as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States. The words “to trade,” as used herein, shall be deemed to mean—
(a)Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation.
(b)Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action.
(c)Enter into, carry on, complete, or perform any contract, agreement, or obligation.
(d)Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property.
(e)To have any form of business or commercial communication or intercourse with.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was formerly classified to section 2 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Executive Documents

World War I Proclamations Enumerating EnemiesThe following Presidential Proclamations issued during World War I declared the partnerships and persons enumerated therein to be “enemies”: Proc. Feb. 5, 1918, 40 Stat. 1745. Proc. May 31, 1918, 40 Stat. 1786. Proc. Aug. 10, 1918, 40 Stat. 1833. Proc. Aug. 14, 1918, 40 Stat. 1837. Proc. Nov. 29, 1918, 40 Stat. 1899.

Reference

Citations & Metadata

Citation

50 U.S.C. § 4302

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73