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LAW Research
& Registry
   
    EX. ORD. NO. 10289. DELEGATION OF FUNCTIONS TO SECRETARY OF THE
                                  TREASURY
      Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended by
    Ex. Ord. No. 10583, Dec. 18, 1954, 19 F.R. 8725; Ex. Ord. No.
    10882, July 18, 1960, 25 F.R. 6869; Ex. Ord. No. 11110, June 4,
    1963, 28 F.R. 5605; Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R.
    1003; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      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, ch. 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 area as a customs-enforcement area.
      (c) The authority vested in the President by section 1 of the Act
    of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C.
    3101); to suspend the provisions of law requiring the inspection 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, ch. 212, 35 Stat. 425, as amended (46 U.S.C.
    Appendix 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, ch. 96, 35 Stat. 46 (46 U.S.C. Appendix 134), to
    name the hospital ships to which section 1 of the said act (46
    U.S.C. Appendix 133), 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. Appendix 141), (1) to
    declare that - upon satisfactory proof being given by the
    government of any foreign nation that no discriminating duties of
    tonnage or imports are imposed or levied in the ports of such
    nation upon vessels wholly belonging to citizens of the United
    States, or upon the produce, manufactures 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 respect the
    vessels of such foreign nation, and the produce, manufactures, 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. Appendix 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. Appendix 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 prior to the issuance of an order of
    the Secretary of the Treasury suspending and discontinuing (wholly
    or in part) discriminating tonnage duties, imposts, and import
    duties within the United States, the Department of State shall
    obtain and furnish to the Secretary of the Treasury the proof
    required by the said sections 4228, as amended, as the basis for
    that order.
      (g) The authority vested in the President by section 3650 of the
    Internal Revenue Code (section 3650 of the Internal Revenue Code of
    1939) (see 26 U.S.C. 7621), 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.
      (h) The authority which is now vested in the President by section
    2564(b) of the Internal Revenue Code (section 2564(b) of the
    Internal Revenue Code of 1939), and which on and after January 1,
    1955, will be vested in the President by section 4735(b) of the
    Internal Revenue Code of 1954 (former 26 U.S.C. 4735(b)), to issue,
    in accordance with the provisions of the said section 2564(b) or
    4735(b), as the case may be, orders providing for the registration
    and the imposition of a special tax upon all persons in the Canal
    Zone who produce, import, compound, deal in, dispense, sell,
    distribute, or give away narcotic drugs.
      (i) The authority vested in the President by Section 5318 of the
    Revised Statutes, as amended (19 U.S.C. 540), to employ suitable
    vessels other than Coast Guard cutters in the execution of laws
    providing for the collection of duties on imports and tonnage;(.)
      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, ch. 444, 50 Stat. 480 (40
    U.S.C. 728), 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), (c) (Revoked by Ex. Ord. No. 11110, June 4, 1963, 28 F.R.
    5605.)
      (d) (Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003.)
      (e) The authority vested in the Secretary of the Treasury by
    section 1 of Title II of the act of June 15, 1917, ch. 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.
      3. (a) The Secretary of the Treasury and the Postmaster General
    (now United States Postal Service) 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,
    ch. 444, 50 Stat. 479 (40 U.S.C. 721), governing the shipment of
    valuables by the executive departments, independent establishments,
    agencies, wholly-owned corporations, officers, and employees of the
    United States.
      (b) The Postmaster General (now United States Postal Service) is
    hereby designated and empowered to exercise without the approval,
    ratification, or other action of the President the authority vested
    in the President by section 504(b) of Title 18 of the United States
    Code to approve regulations issued by the Secretary of the Treasury
    under the authority of the said section 504(b) (relating to the
    printing, publishing, or importation, or the making or importation
    of the necessary plates for such printing or publishing, of postage
    stamps for philatelic purposes) (see section 504(2) of title 18),
    and to approve any amendment or repeal of any of such regulations
    by the Secretary of the Treasury.
      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.
 



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