Executive Order 10289—Providing for the Performance of Certain Functions of the President by the Secretary of the Treasury

By virtue of the authority vested in me by section 1 of the act of August 8, 1950, 64 Stat. 419 (Public Law 673, 81st Congress), and as President of the United States, it is ordered as follows:

1. The Secretary of the Treasury is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President:

(a) The authority vested in the President by section 1 of the act of August 1, 1914, c. 223, 38 Stat. 609, 623, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require.

(b) The authority vested in the President by section 1 of the Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 (19 U.S.C. 1701), (1) to find and declare that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful introduction or removal into or from the United States of any merchandise or person is being, or may be occasioned, promoted, or threatened, (2) to find and declare that certain waters on the high seas are in such proximity to such vessel or vessels that such unlawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels, and (3) to find and declare that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such areas as a customs-enforcement area.

(c) The authority vested in the President by section 2 of the act of August 18, 1914, c. 256, 38 Stat. 699 (46 U.S.C. 82), to suspend the provisions of law requiring survey, inspection, and measurement of foreign-built vessels admitted to American registry.

(d) The authority vested in the President by section 5 of the act of May 28, 1908, c. 212, 35 Stat. 425, as amended (46 U.S.C. 104), to determine (as a prerequisite to the extension of reciprocal privileges by the Commissioner of Customs) that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the custom-house thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes, or charges for cruising licenses.

(e) The authority vested in the President by section 2 of the act of March 24, 1908, c. 96, 35 Stat. 46 (46 U.S.C. 134), to name the hospital ships to which section 1 of the said act shall apply and to indicate the time when the exemptions thereby provided for shall begin and end.

(f) The authority vested in the President by section 4228 of the Revised Statutes, as amended (46 U.S.C. 141), (1) to declare that-upon satisfactory proof being given by the government of any foreign nation that no discriminating duties of tonnage or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufacturers, or merchandise imported in the same from the United States or from any foreign country-the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manufacturers, or merchandise imported into the United States from such foreign nation, or from any other foreign country, and (2) to suspend in part the operation of section 4219 of the Revised Statutes, as amended (46 U.S.C. 121), and section IV, J, subsection 1 of the act of October 3, 1913, c 16, 38 Stat. 195, as amended (46 U.S.C. 146), so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in such country: Provided, that the United States Tariff Commission shall obtain and furnish to the Secretary of the Treasury the proof required by the said section 4228, as amended, as the basis for an order of the Secretary suspending and discontinuing (wholly or in part) discriminating tonnage duties, imposts, and import duties within the United States: And provided further, that the said authority shall be exercised in consultation with the Department of State.

(g) The authority vested in the President by section 3639 of the Revised Statutes, as amended (31 U.S.C. 521), to regulate and increase the sums for which bonds are or may be, required by law, but only to the extent that such section affects collectors of customs, comptrollers of customs, and surveyors of customs (and the successors thereof under section 1 of the act of July 5, 1932, c. 430, 47 Stat. 580, 584 (19 U.S.C. 5a)).

(h) The authority vested in the President by section 3650 of the Internal Revenue Code (26 U.S.C. 3650) to establish convenient collection districts (for the purpose of assessing, levying, and collecting the taxes provided by the internal revenue laws), and from time to time to alter such districts.

2. The Secretary of the Treasury is hereby designated and empowered to perform without the approval, ratification, or other action of the President the following functions which have heretofore, under the respective provisions of law cited, required the approval of the President in connection with their performance by the Secretary of the Treasury:

(a) The authority vested in the Secretary of the Treasury by section 6 of the act of July 8, 1937, c. 444, 50 Stat. 480 (5 U.S.C. 134e), to make rules and regulations necessary for the execution of the functions vested in the Secretary of the Treasury by the said act, as amended.

(b) The authority vested in the Secretary of the Treasury by section 9 of the act of June 19, 1934, c. 674, 48 Stat. 1181 (31 U.S.C. 448a), to issue rules and regulations necessary or proper to carry out the purposes of the said act or of any order issued thereunder.

(c) The authority vested in the Secretary of the Treasury by section 1805 of the Internal Revenue Code (26 U.S.D. 1805) to issue rules and regulations (with respect to silver bullion) necessary or proper to carry out the purposes of the said section.

(d) The authority vested in the Secretary of the Treasury by section 3 of the act of January 30, 1934, c. 6, 48 Stat. 340 (31 U.S.C. 442), to issue regulations prescribing the conditions under which gold may be acquired and held transported, melted or treated, imported, exported, or earmarked for certain purposes.

(e) The authority vested in the Secretary of the Treasury by section 1 of Title II of the act of June 15, 1917, c. 30, 40 Stat. 220 (50 U.S.C. 191), to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, exclusive of the territory and waters of the Canal Zone.

(f) The authority vested in the Secretary of the Treasury by section 6 of the act of June 19, 1934, c. 674, 48 Stat. 1178 (31 U.S.C. 316b), to investigate, regulate, or prohibit, by means of licenses or otherwise, the acquisition, importation, exportation or transportation of silver and of contracts and other arrangements made with respect thereto, and to require the filing of reports in connection therewith.

3. The Secretary of the Treasury and the Postmaster General are hereby designated and empowered jointly to prescribe without the approval of the President regulations, under section 1 of the act of July 8, 1937, c. 444, 50 Stat. 479 (5 U.SC. 134), governing the shipment of valuables by the executive departments, independent establishments, agencies, wholly-owned corporations, officers, and employees of the United States.

4. As used in this order, the term "functions" embraces duties, powers, responsibilities, authority, or discretion, and the term "perform" may be construed to mean "exercise".

5. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including regulations prescribed by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order.

HARRY S. TRUMAN

THE WHITE HOUSE,

September 17, 1951