Proclamation No. 196, s. 1937

MALACAÑANG PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

Proclamation No. 196

PUBLISHING THE RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF STATE OF THE UNITED STATES ON MAY 5, 1937, GOVERNING THE SOLICITING AND RECEIVING OF CONTRIBUTIONS FOR USE IN SPAIN.

Whereas, the Secretary of State of the United States, on May fifth, nineteen hundred and thirty-seven, promulgated, in pursuance of the Joint Resolution of Congress of May first, nineteen hundred and thirty-seven, and of the Proclamation of the President of the United States of the same date, the following rules and regulations:

"Section 3 of the joint resolution of Congress approved May 1, 1937 (Public Resolution—No. 27—75th Congress— First Session), amending the joint resolution approved August 31, 1935, as amended, provides in part as follows:

"‘(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or of any faction or asserted government within any such state wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit "to any such government, political subdivision, faction, asserted government or person, or to solicit or receive any contribution for any such government, political subdivision, faction, asserted government or person: * * * Nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe. (Italics supplied.)

" ‘ * * * * * *

" ‘ (c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.’

"On May 1, 1937, the President issued a proclamation in respect to Spain under the authority of section 1 of the said joint resolution, thereby making effective in respect to that country the provisions of section 3 of the said joint resolution quoted above.

"Section 11 of the said joint resolution provides as follows:

" ‘SEC. 11. The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out any of the provisions of this Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.’

"The President’s proclamation of May 1, 1937, referred to above, issued pursuant to the provisions of section 1 of the above-mentioned joint resolution provides in part as follows:

" ‘And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.’

"In pursuance of those provisions of the law and of the President’s proclamation of May 1, 1937, which are quoted above, the Secretary of State promulgates the following regulations:

"(1) Persons, organizations, or associations not acting for or on behalf of the Government of Spain or any political subdivision, faction or asserted government in that country desiring to solicit or collect funds to be used for medical aid and assistance in Spain or for food or clothing to .relieve human suffering in that country shall register with the Secretary of State. To this end they shall make application to the Secretary of State in writing.

"(2) Persons, organizations, or associations applying to register with the Secretary of State shall submit a statement under oath giving their names and addresses and information, (a) as to the means which they propose to employ to solicit or collect contributions, (b) the purposes for which these contributions are intended, and (c) the name or names and the address or addresses of the persons, organizations, or associations to whom the contributions received are ultimately to be sent; and organizations or associations so applying shall also submit under oath a statement of the names and addresses of their responsible officers.

"(3) No person, organization, or association shall solicit or collect contributions without having in his or its possession a notice from the Secretary of State of acceptance of registration which has not been revoked: Provided, however, that nothing in this regulation shall be construed as requiring a person acting on behalf of a registrant to have in his possession a notice of acceptance of registration. Notices of acceptance of registration shall not be exhibited or be used in any manner which might be construed as implying official endorsement of organizations engaged in soliciting funds.

"(4) Persons, organizations, or associations receiving notification of acceptance of registration shall submit to the Secretary of State on the first of every month following the receipt of such notification, sworn statements, in the form annexed hereto, setting forth the amount of the contributions received and the disposition made thereof.

"(5) Registration may be revoked by the Secretary of State for failure to comply with provisions of the law or of these regulations."

"ANNEX

"Name

"Number of Notice of Acceptance of Registration

"Total of funds received by the registrant during the month of………….., 1937,………….

"Total of funds expended by the registrant during the month of ………….., 1937, for medical aid and assistance in Spain or for food and clothing to relieve human suffering in that country

"Funds delivered to other persons, organizations, or associations during the month of ……….., 1937, with the intention that it be ultimately expended for medical aid and assistance in Spain or for food and clothing to relieve human suffering in that country.

"Names of persons, organizations, or associations	Addresses	Amounts
……………………………………………..	………..	……….
……………………………………………..	………..	……….
……………………………………………..	………..	……….
……………………………………………..	………..	……….
……………………………………………..	………..	……….
……………………………………………..	………..	……….

And whereas, section thirteen of the Joint Resolution of Congress of May first, nineteen hundred and thirty-seven, provides in part as follows:

" (a) The term ‘the United States,’ when used in a geographical sense, includes the several states and Territories, the insular possessions of the United States (including the Philippine Islands), the Canal Zone, and District of Columbia."

Now, therefore, be it known that I, Manuel L. Quezon, President of the Philippines, have caused the said rules and regulations to be made public, to the end that the same and every section and clause thereof may be observed and fulfilled with good faith by the Philippines and the inhabitants thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the Commonwealth of the Philippines to be affixed.

Done at the City of Manila, this third day of September, in the year of our Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second.

MANUEL L. QUEZON
President of the Philippines

By the President:

ELPIDIO QUIRINO
Secretary of the Interior