Ch. 89.
Trading with the
Enemy Act, 1939.
2 & 3 Geo. 6
(2) For the purposes of this Act a person shall be 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 an 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
- (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:
Provided that 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, a Secretary of State, the Treasury or the Board of Trade, 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 been performed before the commencement of the war by reason of which the person from whom the payment was received became 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) A prosecution for an offence of trading with the enemy shall not be instituted in England or Northern2
