Der Wirtschaftskrieg

Bibliographic data

Monograph

Identifikator:: 1024656551

URN:: urn:nbn:de:zbw-retromon-49829

Document type:: Monograph

Title:: Der Wirtschaftskrieg

Edition:: Zweite, nach dem Stande vom 31. Juli 1915 ergänzte Auflage

Place of publication:: Wien

Publisher:: Verlag der Niederösterreichischen Handels- und Gewerbekammer

Year of publication:: 1915

Scope:: 1 Online-Ressource (II, 171, V Seiten)

Digitisation:: 2018

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: XI. Britisches Reich

Collection:: Economics Books

77 3. (1.) In the Order in Council issned with refe- rence to the departure from Our Ports of enemy ves- sels, which at the outbreak of hostilities were in any such Port or which subsequently entered the saure, the word “enemy” as applied to either ships or cargo, shall he demed as from this dato to include Austro- Hungarian ships or cargo. (2.) In the application of this Article to Austro- Hungarian ships the dato Satnrday, the Pifteenth day of August, shall he substituted for the date mentioned in Article 2 of the said Order in Council, and the date Saturday, the Twenty-second day of August, shall be substituted for the date mentioned in Article 3 of the said Order in Council. 4. The Proclamation specifying the articles which it is Our Intention to treat as Contraband of War during the war with G-ermany shall be deemed to specify the articles which it is Our Intention to treat as Contraband of War during the war with Austria- Hungary. 5. In the Proclamation forbidding the carriage in British vessels from any Foreign Port to any other Foreign Port of any article comprised in the list of Contraband of War issued by Us, unless the ship- owner shall have first satisfied himself that the ar ticles are not intented ultimately for use in the enemy country, the words “enemy country” shall be deemed as from this date to include the Dual-Monarchy of Austria-Hungary. Given etc. etc. this Twelfth day of August 1914. OFFICIAL EXPLANATION. The following official announcement was issued by the Treasury on 21 st August. Lome doubts having arisen as to the meaning and application of the proclamation against trading with the enemy the Government authorise the follo wing explanation to be pnblished: 1. For the purpose of deciding what transactions with foreign traders are permitted, the important thing is to consider where the foreign trader resides and carries on business, and not the nationality of the foreign trader. 2. Consequently, there is, as a rule, no objection to British firms trading with German or Anstrian Arms established in neutral or British territory. What is prohibited is trade with any firms established in hostile territory. 3. If a firm with headquarters in hostile territory has a brauch in neutral or British territory trade with the brauch is (apart from prohibitions in special cases) permissible, as long as the trade is bona fide with the brauch, and no transaction with the head office is involved. 4. Commercial contracts entered into before war broke out with firms established in hostily territory cannot be performed during the war, and payments under them ought not to be made to such firms during the war. Where, however, nothing remains to be done save to pay for goods already delivered or for Ser vices already rendered, there is no objection to making the payment. Whether contracts entered into before the war suspended or terminated is a question of law, which may fiepend on Circumstances, and in cases of doubt British firms must consult their own legal advisers. This explanation is issued in order to promote confidence and certainty in British commercial trans actions; but it must be nnderstood that, in case of need, the Government will still be free to impose stricter regulations or special prohibitions in the national Interest. The Trading with the enemy Proclamation No. 2 (of Sept. 9). 1. The Proclamation of Aug. 5 relating to trading with the enemy, and paragraph 2 of the Proclamation of Aug. 12, together with any public announcement officially issued in explanation thereof, are hereby revoked, and from and after the date hereof this present Proclamation is substituted therefor. 2. The expression “enemy country” in this pro clamation means the territories of the German Empire and of the Dual Monarchy of Austria-Hungary, together with all the colonies and dependencies thereof. 3. The expression “enemy” in this Proclamation means any person or body of persons of whatever nationality resident or carrying on business in the enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in the enemy country. In the case of incor porated bodies, enemy character attaches only to those incorporated in an enemy country. 4. The expression “outbreak of war” in this Pro clamation means 11 p. m. on the 4 th August 1914, in relation to the German Empire its colonies and dependencies, and midnight on the 12 th August 1914, in relation to Austria-Hungary, its colonies and depen dencies. List of Prohibitions. The following prohibitions now have effect (save so far as licences may be issued as hereinafter pro- vided): (1.) Not to pay any sum of money to or for the benefit of an enemy. (2.) Not to compromise or give Security for the payment of any debt or other sum of money with or for the benefit of an enemy. (3.) Not to act on behalf of an enemy in drawing, accepting, paying, presenting for acceptance or pay ment, negociating or otherwise dealing with any nego- tiable Instrument. (4.) Not to accept, pay, or otherwise deal with any negotiable Instrument which is held by or on behalf of an enemy, provided that this Prohibition shall not be demed to be infringed by any person who has no reasonable ground for believing that the Instrument is held by or on behalf of an enemy.

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