Page images
PDF
EPUB

XXX

these Regulations shall, if at any time he is required to do so by any person authorized by the Governor in Commission, or by any naval, military or air force officer, or by any sailor, soldier or airman engaged on sentry patrol or other similar duty, or by any officer of Customs and Excise, officer of police or aliens officer, produce the permit or permission for inspection, and if he refuses to do so he shall be guilty of an offence against these Regulations.

Any holder of a permit or permission granted under or for the purpose of any provision of these Regulations shall, if at any time he is required to do so by any person authorized by the Governor in Commission, or by any naval, `military or air force officer, or by any sailor, soldier or airman engaged on sentry, patrol or other similar duty, or by any officer of Customs and Excise, officer of police or aliens officer, produce the permit or permission for inspection, and if he refuses to do so he shall be guilty of an offence against these Regulations.

Any permit or permission granted under or for the purposes of any provision of these Regulations may at any time be revoked.

77. These Regulations may be cited as the Newfoundland Defence Regulations.

ANNEX.

Matters in Respect of Which Particulars are to be
Furnished by Aliens

Name.

Nationality and birthplace.

Occupation.

Sex.

Age.

Personal description and, if so required, a photo of

the alien.

Description maps (if any).

Finger prints, if so required.

Place of residence (including nature of tenure or
occupancy).

Place of business (if any).

Date of commencement of residence.

Whether the alien has been or is in the service of any
foreign Government, and, if so, for how long and in
what capacity.

Note If the alien has a household, he must furnish the particulars aforesaid, not only as respects himself, but also as respects every alien who is living as a member of his household.

XXXI

Under the provisions of Section 1 of the Defence Act, 1939, His Excellency the Governor in Commission has been pleased to make the following Regulations.

The 15th of September, A.D., 1939.

W. J. CAREW,

Secretary of the Commission of Government.

FOREIGN EXCHANGE CONTROL REGULATIONS (1939)

REGULATIONS MADE UNDER SECTION 1 OF THE
DEFENCE ACT, 1939

1 These provisions may be cited as the Foreign Exchange Control Regulations.

2 In these regulations, unless the context otherwise requires:

(a) "Authorized dealer" means an authorized
dealer in foreign exchange, appointed by or
under the authority of these regulations,

XXXII

(b) "Board" means The Foreign Exchange Control Board established by these regulations.

(c) "Foreign Currency" means any currency other than Canadian dollars.

(d) "Foreign Exchange" includes any foreign currency and any bank balance or deposit, bill of exchange, cheque, draft, letter of credit, or other similar credit instrument, order to pay or promise to pay, which is payable in any foreign currency, whether absolutely or conditionally or optionally or otherwise.

(e) "Non-residents" means any person other than a resident and for the purpose of these regulations a foreign branch or agency of any resident shall be deemed to be a non-resident, and a separate entity from such residents.

[ocr errors]

(f) “Resident” means any person ordinarily resident in Newfoundland or Canada but excluding any branch or agency outside Newfoundland or Canada of any resident, and the Board shall have full power to determine who is or shall be deemed to be a resident for the purposes of this order.

(g) "Commissioner" means the Commissioner for Finance.

3. These regulations shall be deemed to have come. into force at midnight (Daylight Saving Time) September 15th, 1939.

PART I.

Foreign Exchange Control Board

4. There shall be and is hereby established a Board under the name of the Foreign Exchange Control Board

which shall consist of not more than three persons to be nominated by and to hold office during pleasure of the Governor in Commission. The first members of the Board shall be the Commissioner for Finance, the Commissioner for Natural Resources, and the Secretary for Customs. Each member may at any time and from time to time appoint an alternate to act in his place and stead.

5. The Commissioner for Finance shall be Chairman of the Board, and two shall form a quorum.

6 (1) The Board may appoint technical advisers or
an Advisory Committee to assist them, and
may make arrangements that a Bank in New-
foundland may be authorized to act as agent
or banker for the Board, and to deal in
foreign exchange for account of the Board and
otherwise to assist or act on behalf of the
Board.

(2) The Board may appoint agents for such pur-
poses as the Board may determine.

7 No member of the Board shall be personally liable and no suit shall be maintained against him in any court for or in respect of any act or omission of the Board or any act or omission of himself or any other member in the performance or purported performance of his functions as a member of the Board.

PART 2.

Controlling of Foreign Exchange and Foreign Trade and related matters.

8. No person shall purchase, borrow, or otherwise. acquire or sell, lend or otherwise dispose of, deal in, or otherwise deal with any foreign exchange whether absolutely or conditionally or by way of arbitrage or other wise as principal or agent, or otherwise howsoever, except

XXXIII

XXXIV

as may be permitted by or under the authority of these regulations.

10

*9. No bullion, gold or silver coins, or such coins as are legal tender in the Island, or other currency or credit instruments or securities or evidence of indebtedness payable in Canadian or foreign currency shall be exported from Newfoundland by any person, or transferred by any resident to any non-resident to, or to the account of, a non resident except under licence or permit granted by the Board or in such cases as the Board may, by regulation or otherwise, exempt from the provisions of this Section.

(i) All foreign exchange which, or any right, title, or interest in or to which is in possession, ownership or control of any resident of Newfoundland at the time of coming into force of these regulations shall, unless the Board otherwise provides, be forthwith declared to the Board in such manner as the Board may determine and shall not be used or dealt with except as permitted by the Board.

(ii) The Board may at any time require all or any of such foreign exchange or any other title or interest of such resident to be sold or assigned to the Board, or to any authorized dealer at rates fixed by the Board.

(iii) All bonds, debentures and debenture stock and other similar securities which are not yet payable or the principal amount of which is not expressed exclusively in Canadian currency, and all shares in the capital stock of any Company or Corporation whose Head Office is not in Newfoundland or in Canada, and being

*Substituted by Regulations of November 25, 1939,

« EelmineJätka »