Trading with the Enemy
TRADING WITH THE ENEMY ACT
CHAPTER 14:03
LAWS OF TRINIDAD AND TOBAGO
Act
20 of 1939
Amended by
172/1961
136/1976
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–18 ..
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Note on Subsidiary Legislation
The following Orders have been omitted:
(a) Trading with the Enemy (Enemy Territory Cessation) (Belgium) Order 1952-1953
(GN 116/1952);
(b) Trading with the Enemy (Enemy Territory Cessation) (Germany) Order 1953
(GN 61/1953);
(c) Trading with the Enemy (Enemy Territory Cessation) (Japan) Order 1953
(GN 114/1953);
(d) Trading with the Enemy (Enemy Territory Cessation) (Luxembourg) Order 1953
(GN 115/1953);
(e) Trading with the Enemy (Enemy Territory Cessation) (Austria) Order 1953
(GN 116/1953);
(f) Trading with the Enemy (Enemy Territory Cessation) (France) Order 1953
(GN 137/1953);
(g) Trading with the Enemy (Enemy Territory Cessation) (Greece) Order 1955
(GN 127/1955);
(h) Trading with the Enemy (Enemy Territory Cessation) (Netherlands) Order 1957
(GN 145/1957).
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain reference to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
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CHAPTER 14:03
TRADING WITH THE ENEMY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Definition of enemy.
TRADING WITH THE ENEMY AND MATTERS
RELATING THERETO
4. Penalties for trading with the enemy.
5. Inspection and supervision of business.
6. Power to control and wind up certain business.
7. Transfer of negotiable instruments and things in action by enemies.
8. Transfer and allotment of securities.
9. Purchase of enemy currency.
PROPERTY OF ENEMIES AND ENEMY SUBJECTS
10. Collection of enemy debts and custody of enemy property.
11. Provisions as to custodians.
SUPPLEMENTARY PROVISIONS
12. False statements and obstruction.
13. Offences by corporations.
14. Exercise of powers by the Minister.
15. Evidence of authority or sanction of Minister.
16. Saving of rights of State.
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CHAPTER 14:03
TRADING WITH THE ENEMY ACT
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.
[3RD SEPTEMBER 1939]
1. (1) This Act may be cited as the Trading with the
Enemy Act.
(2) This Act shall be deemed to have come into operation
on the 3rd of September 1939. However, a person shall not, by
virtue of this subsection, be liable to any penalty in respect of
anything done by him before the date of the passing of this Act
which, if it had been done in England, would not have been
unlawful at Common Law.
2. (1) In this Act “enemy subject” means—
(a) an individual who, not being either a British
subject or a British protected person, possesses
the nationality of a State at war with Trinidad
and Tobago; or
(b) a body of persons constituted or incorporated
in, or under the laws of, any such State; and
“enemy territory” means any area which is under the sovereignty
of, or in the occupation of, a Power with whom Trinidad and
Tobago is at war, not being an area in the occupation of
Trinidad and Tobago or of a Power allied with Trinidad
and Tobago.
(2) The Minister may by Order direct that the provisions
of this Act shall apply in relation to any area specified in the Order
as they apply in relation to enemy territory, and those provisions
shall apply accordingly.
1950 Ed.
Ch. 42 No. 7.
20 of 1939.
Commencement.
Short title.
Interpretation.
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(3) A certificate of the Minister that any area is or was
under the sovereignty of or in the occupation of any Power, or as
to the time at which any area became or ceased to be under such
sovereignty or in such occupation shall, for the purposes of any
proceedings under or arising out of this Act, be conclusive evidence
of the facts stated in the certificate.
(4) In considering for the purposes of any of the provisions
of this Act whether any person has been an enemy or an enemy
subject, no account shall be taken of any state of affairs existing
before the commencement of this Act.
(5) For the purposes of this Act, a person shall be deemed
to be a director of a body corporate if he occupies in relation
thereto the position of a director, by whatever name called; and,
for the purposes of the provisions of this Act relating to offences
by bodies corporate, a person shall be deemed to be a director of a
body corporate if he is a person in accordance with whose directions
or instructions the directors of that body act. However, a person
shall not, by reason only that the directors of a body corporate act
on advice given by him in a professional capacity, be taken to be a
person in accordance with whose directions or instructions those
directors act.
3. (1) Subject to this section, the expression “enemy” for
the purposes of this Act, means—
(a) any State, or Sovereign of a State, at war with
Trinidad and Tobago;
(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
Trinidad and Tobago; and
(e) as respects any business carried on in enemy
territory, any individual or body of persons
Definition of
enemy.
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(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 Minister 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.
TRADING WITH THE ENEMY AND MATTERS
RELATING THERETO
4. (1) Any person who trades with or attempts to trade with
the enemy within the meaning of this Act is liable—
(a) on conviction on indictment to a fine and to
imprisonment for seven years;
(b) on summary conviction to a fine of twenty
thousand dollars and to imprisonment for
twelve months,
and the Court may in any case order that any goods or money in
respect of which the offence was committed shall be forfeited.
(2) For the purposes of this Act a person is 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 any 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
Penalties for
trading with the
enemy.
[172/1961
136/1976].
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(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,
but a person shall not 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
Minister; 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.
(4) In any proceedings for an offence of trading with the
enemy, the fact that any document has been despatched or 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.
(5) A prosecution for an offence of trading with the enemy
shall not be instituted except by or with the consent of the Director
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Inspection and
supervision of
business.
of Public Prosecutions. However, this subsection shall not prevent
the arrest, or the issue or execution of a warrant for the arrest, of
any person in respect of such an offence, or the remanding, in
custody or on bail, of any person charged with such an offence,
notwithstanding that the necessary consent to the institution of a
prosecution for the offence has not been obtained.
(6) Proceedings in respect of an offence of trading with
the enemy alleged to have been committed by any person may be
taken before the appropriate Court having jurisdiction in the place
where that person is for the time being.
5. (1) The Minister, if he thinks it expedient for securing
compliance with section 4, 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
mentioned above to enter on any premises used for the purposes
of that business.
(2) If, on a report made by an inspector as respects any
business, it appears to the Minister that it is expedient for securing
compliance with section 4 that the business should be subject to
supervision, the Minister may appoint a person (hereafter in this
section referred to as “a supervisor”) to supervise the business,
with such powers as the Minister may determine.
(3) Any person who, 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, is liable on
summary conviction to a fine of two thousand dollars and to
imprisonment for six months.
(4) Any person who with intent to evade the provisions
of this section, destroys, mutilates or defaces any book or other
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Power to
control and
wind up
certain business.
document which an inspector or a supervisor is or may be authorised
under this section to inspect, is liable—
(a) on conviction on indictment to a fine and to
imprisonment for five years;
(b) on summary conviction to a fine of four thousand
dollars and to imprisonment for twelve months.
6. (1) Where any business is being carried on in Trinidad
and Tobago by, or on behalf of, or under the order of, persons all
or any of whom are enemies or enemy subjects or appear to the
Minister to be associated with enemies, the Minister may, if he
thinks it expedient to do so, make—
(a) an order (hereinafter in this section referred to as
a “restriction order”) prohibiting the carrying on
of the business either absolutely or except for such
purposes and subject to such conditions as may
be specified in the order; or
(b) an order (hereinafter in this section referred to as
a “winding-up order”) requiring the business to
be wound up,
and the making of a restriction order as respects any business shall
not prejudice the power of the Minister, if he thinks it expedient to
do so, at any subsequent date to make a winding-up order as respects
that business.
(2) Where an order under subsection (1) is made as
respects any business, the Minister may, by that or a subsequent
order, appoint a controller to control and supervise the carrying
out of the order, and, in the case of a winding-up order, to conduct
the winding up of the business, and may confer on the controller
any such powers in relation to the business as are exercisable by a
liquidator in the voluntary winding up of a company in relation to
the company (including power in the name of the person carrying
on the business or in his own name, and by deed or otherwise, to
convey or transfer any property, and power to apply to the Court
to determine any question arising in the carrying out of the order),
and may by the order confer on the controller such other powers
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as the Minister thinks necessary or convenient for the purpose of
giving full effect to the order.
(3) Where a restriction order or a winding-up order is
made as respects any business, the distribution of any assets of the
business which are distributed while the order is in force shall be
subject to the same rules as to preferential payments as are
applicable to the distribution of the assets of a company which is
being wound up, and the said assets of the business shall, so far as
they are available for discharging unsecured debts be applied in
discharging unsecured debts due to creditors of the business who
are not enemies in priority to unsecured debts due to any other
creditors, and any balance, after providing for the discharge of all
liabilities of the business, shall be distributed among the persons
interested in the business in such manner as the Minister may direct.
(4) The provisions of subsection (3) shall, in their
application to the distribution of any money or other property which
would, in accordance with those provisions, fall to be paid or
transferred to an enemy, whether as a creditor or otherwise, have
effect subject to the provisions of section 10 (which relates to the
collection of enemy debts and the custody of enemy property) and
of any order made under that section.
(5) Where any business for which a controller has been
appointed under this section has assets in enemy territory, the
controller shall, if in his opinion it is practicable to do so, cause an
estimate to be prepared—
(a) of the value of those assets;
(b) of the amount of any liabilities of the business to
creditors, whether secured or unsecured, who
are enemies;
(c) of the amount of the claims of persons who are
enemies to participate, otherwise than as
creditors of the business, in any distribution of
assets of the business made while an order under
subsection (1) is in force as respects the business,
and, where such an estimate is made, the liabilities and claims
shall, for the purposes of this section, be deemed to have been
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satisfied out of the assets of the business in enemy territory, or to
have been satisfied thereout so far as those assets will go, and only
the balance (if any) shall rank for satisfaction out of the other assets
of the business.
(6) Where an estimate has been prepared under
subsection (5) a certificate of the controller as to the value or amount
of any assets, claims or liabilities to which the estimate relates
shall be conclusive for the purpose of determining the amount of
the assets of the business available for discharging the other
liabilities of the business and for distribution amongst other persons
claiming to be interested in the business; but nothing in this
subsection shall affect the rights of creditors of, and other persons
interested in, the business against the assets of the business in
enemy territory.
(7) The Minister may, on an application made by a
controller appointed under this section, after considering the
application and any objections which may be made by any person
who appears to him to be interested, by order grant the controller a
release, and an order of the Minister under this subsection shall
discharge the controller from all liability in respect of any act done
or default made by him in the exercise and performance of his
powers and duties as controller; but any such order may be revoked
by the Minister on proof that it was obtained by fraud or by
suppression or concealment of any material fact.
(8) Any person who contravenes the provisions of any
order made under subsection (1) is guilty of an offence of trading
with the enemy.
(9) Where an order under subsection (1) has been made
as respects a business carried on by any individuals or by a
company, no bankruptcy petition, or petition for sequestration or
summary sequestration against the individuals, or petition for the
winding up of the company, shall be presented, or resolution for
the winding up of the company passed, or steps for the enforcement
of the rights of any creditors of the individuals or company taken,
without the consent of the Minister, but where the business is carried
on by a company the Minister may present a petition for the winding
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Transfer of
negotiable
instruments and
things in action
by enemies.
up of the company by the Court, and the making of an order under
this section shall be a ground on which the company may be wound
up by the Court.
(10) Where an order is made under this section appointing
a controller for any business, any remuneration of, and any costs,
charges and expenses incurred by, the controller, and any other
costs, charges and expenses incurred in connection with the control
and supervision of the carrying out of the order, shall, to such
amount as may be certified by the Minister, be defrayed out of the
assets of the business and, as from the date of the certificate, be
charged on those assets in priority to any other charges thereon.
7. (1) No assignment of a thing in action made by or on
behalf of an enemy shall, except with the sanction of the Minister,
be effective so as to confer on any person any rights or remedies in
respect of the thing in action; and neither a transfer of a negotiable
instrument by or on behalf of an enemy, nor any subsequent
transfer thereof, shall, except with the sanction of the Minister, be
effective so as to confer any rights or remedies against any party
to the instrument.
(2) Subsection (1) applies in relation to any transfer of
any coupon or other security transferable by delivery, not being a
negotiable instrument, as it applies in relation to any assignment
of a thing in action.
(3) If any person by payment or otherwise purports to
discharge any liability from which he is relieved by this section,
knowing the facts by virtue of which he is so relieved, he shall be
deemed to have thereby traded with the enemy.
(4) In any proceedings for an offence of trading with
the enemy which are taken by virtue of subsection (3), it shall be a
defence for the defendant to prove that at the time when he
purported to discharge the liability in question he had reasonable
grounds for believing that the liability was enforceable against
him by order of a competent Court, not being either a Court
having jurisdiction in Trinidad and Tobago or a Court having
jurisdiction in enemy territory, and would be enforced against
him by such an order.
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(5) Where a claim in respect of a negotiable instrument
or thing in action is made against any person who has reasonable
cause to believe that, if he satisfied the claim, he would be thereby
committing an offence of trading with the enemy, that person may
pay into the High Court any sum which, but for the provisions of
subsection (1), would be due in respect of the claim, and thereupon
that sum shall, subject to Rules of Court, be dealt with according
to any order of the Court, and the payment shall for all purposes
be a good discharge to that person.
(6) Nothing in this section shall apply to securities to
which section 8 applies.
8. (1) Where—
(a) any securities to which this section applies are
transferred by or on behalf of an enemy; or
(b) any such securities, being securities issued by a
company within the meaning of the Companies
Act are allotted or transferred to, or for the
benefit of, an enemy subject without the consent
of the Minister,
then, except with the sanction of the Minister, the transferee or
allottee shall not, by virtue of the transfer or allotment, have any
rights or remedies in respect of the securities; and no body corporate
by whom the securities were issued or are managed shall take any
cognisance of, or otherwise act upon, any such transfer except under
the authority of the Minister.
(2) No share warrants, stock certificates or bonds, being
warrants, certificates or bonds payable to bearer, shall be issued in
respect of any securities to which this section applies, being
securities registered or inscribed in the name of an enemy or of a
person acting on behalf of, or for the benefit of, an enemy.
(3) Any person who contravenes the provisions of this
section is liable on summary conviction to a fine of four thousand
dollars and to imprisonment for six months.
(4) This section applies to the following securities, that
Transfer and
allotment of
securities.
Ch. 81:01.
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is to say, annuities, stock, shares, bonds, debentures or debenture
stock registered or inscribed in any register, branch register or other
book kept in Trinidad and Tobago.
9. (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 circulating as currency in any area under
the sovereignty of a Power with whom Trinidad and Tobago is at
war, not being an area in the occupation of Trinidad and Tobago or
of a Power allied with Trinidad and Tobago, or any such other
notes or coins as are for the time being declared by an order of the
Minister to be enemy currency.
PROPERTY OF ENEMIES AND ENEMY SUBJECTS
10. (1) With a view to preventing the payment of money to
enemies and of preserving enemy property in contemplation of
arrangements to be made at the conclusion of peace, the Minister
may appoint custodians of enemy property for Trinidad and Tobago
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 7 or section 8, 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;
Purchase of
enemy
currency.
Collection of
enemy debts and
custody of
enemy property.
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(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 Minister 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 by 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
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(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) Any person who 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, is liable on
summary conviction to a fine of four thousand dollars and to
imprisonment for six months.
(6) Any person who 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, is liable on summary
conviction to a fine of four hundred dollars for every day on which
the default continues.
(7) All fees received by any custodian by virtue of an
order under this section shall be paid to the Comptroller
of Accounts.
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(8) In this section—
(a) “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) “property” means real or personal property, and
includes any estate or interest in real or personal
property, any negotiable instrument, debt or other
thing in action, and any other right or interest,
whether in possession or not; and
(c) “prescribed” means prescribed by an order made
under this section.
11. (1) The rights, powers, duties and liabilities which may
be conferred and imposed by the Minister on custodians of
enemy property under section 10(1) shall, where it appears to the
Minister that it is expedient that any business should be carried on
or continue to be carried on in or from Trinidad and Tobago, include
such rights, powers, duties and liabilities as respects the property
and money mentioned in section 10(1)(d) as, in the opinion of the
Minister, are necessary or expedient in order to enable that business
so to be carried on.
(2) The power of the Minister under subsection (1) shall
include power, where a custodian dies or for any other reason ceases
to hold office as such, by order to vest in his successor any property
or right which was vested in the first-mentioned custodian at the
time of his dying or ceasing to hold office.
SUPPLEMENTARY PROVISIONS
12. (1) Any person who for the purpose of obtaining any
authority or sanction under this Act, or in giving any information
for the purposes of this Act or of any order made thereunder,
knowingly or recklessly makes a statement which is false in a
material particular, is liable on summary conviction to a fine of
four thousand dollars and to imprisonment for six months.
(2) Any person who wilfully obstructs any person in the
exercise of any powers conferred on him by or under this Act is
liable on summary conviction to a fine of two thousand dollars.
Provisions as to
custodians.
False statements
and obstruction.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 14:03 Trading with the Enemy
Offences by
corporations.
Exercise of
powers by the
Minister.
Evidence of
authority or
sanction of
Minister.
Saving of rights
of State.
13. Where any offence under this Act committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to have been attributable to any neglect on the
part of, any director, manager, secretary or other officer of the
body corporate, he, as well as the body corporate, shall be deemed
to be guilty of that offence, and shall be liable to be proceeded
against and punished accordingly.
14. (1) The expenses incurred for the purposes of this Act
shall be defrayed out of moneys provided by Parliament.
(2) Anything required or authorised under this Act to be
done by, to or before the Minister may be done by, to or before
any person authorised in that behalf by the Minister.
15. Any document stating that any authority or sanction is
given under any of the provisions of this Act by the Minister, and
purporting to be signed on behalf of the Minister, or by a person
who is empowered by this Act to do anything which may be done
thereunder by the Minister, shall be evidence of the facts stated
in the document.
16. This Act shall be without prejudice to the exercise of any
right or prerogative of the State.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
