Page images
PDF
EPUB

CHAPTER II-BUREAU OF NARCOTICS

DEPARTMENT OF THE TREASURY

PART 205–NARCOTIC DRUGS

CONSERVATION

PURCHASES OR SALES OF DERIVATIVES OF

OPIUM AND COCA LEAVES (ADDED] Sec. 205.11 Establishment of retail dealers'

quotas. 205.12 Limitation on purchase of derivatives

of opium or coca leaves. 205.13 Determination of quotas. 205.14 Adjustment of quotas. 205.15 Definitions. 205.16 Records and returns. 205.17 Penalties. 205.18 Effective date.

AUTHORITY: $ $ 205.11 to 205.18, inclusive, issued under WPB Directive No. 10, 7 F.R. 7938; 32 CFR, Cum. Supp., 903.116.

SOURCE: &$ 205.11 to 205.18, inclusive, contained in Narcotic Conservation Order 2, Commissioner of Narcotics, Apr. 6, 1944, 9 PR. 3929.

$ 205.11 Establishment of retail dealers' quotas. Whenever it shall appear to the Commissioner of Narcotics, through investigation made by the Bureau of Narcotics, that purchases or sales of derivatives of opium and coca leaves, by one or more retail dealers therein located within any particular area, exceed bona fide medical requirements, he may assign purchase quotas for such derivatives to all retail dealers located within the particular area.

$ 205.12 Limitation on purchase of derivatives of opium or coca leaves. No person in any such area, to whom a retail dealer's quota has been thus assigned, shall purchase any quantity of such derivative in excess of the regular and supplementary quotas assigned to him, and no other person in any such area shall purchase, as a retail dealer, any quantity of such derivative until he shall have applied to the Bureau of Narcotics for, and shall have been assigned, a purchase quota or quotas for such derivative.

$ 205.13 Determination of quotas. (a) Quotas will be assigned in such numbers and amounts and upon such terms and conditions as the Bureau of Narcotics shall deem necessary or appro

priate in the public interest and to promote the national defense.

(b) In the assignment of quotas under $ 205.11 hereof, consideration will be given to estimated requirements based upon past business done, to the extent only that such past business is deemed to reflect bona fide medical needs. In case of a new applicant, consideration will be given to estimated requirements as determined by comparison of his facilities with those of other retail dealers already established in the area, all with due regard to the current or anticipated medical needs.

(c) No purchase quota will be assigned (1) to a dealer whose sale or distribution of narcotic drugs has been marked by such lack of good faith, particularly in filling orders for narcotic drugs purporting to be prescriptions, as, in the opinion of the Bureau, renders assignment of a quota inadvisable in the interest of conservation, or (2) to a dealer who does not provide and maintain measures, deemed adequate by the Bureau of Narcotics, for the safeguarding and protection of narcotic drugs, or (3) to a dealer who fails to observe applicable licensing requirements, or regulatory restrictions upon the sale and distribution of narcotic drugs, imposed by the laws of his state, territory or district.

$ 205.14 Adjustment of quotas. All quotas assigned shall be subject to revision from time to time as the Bureau of Narcotics shall deem necessary to give full effect to the principle of the regulations in this part and of Directive No. 10 (32 CFR, Cum. Supp., 903.116), and to supply all medical needs. For cause shown, the Commissioner of Narcotics may assign a supplementary quota or quotas.

§ 205.15 Definitions. The term "area" means any Federal internal revenue collection district or such limited portion thereof, as a county, city or town, as the Commissioner of Narcotics shall determine appropriate for the purpose of carrying into effect the intent and purpose of this order.

625507-45-SUPP. VII-BK. 2

11

Page 1791

The term “narcotic drugs” means $ 205.17 Penalties. Any person who opium, coca leaves, cocaine, or any salt, wilfully violates any provision of the derivative or preparation of opium, coca regulations in this part or who, in conleaves, or cocaine.

nection with the regulations in this part, The term "derivative" shall mean any

wilfully conceals a material fact or furform of opium obtained from crude

nishes false information to any deopium; any of the phenanthrene alka partment or agency of the United States loids of opium or the ecgonine alkaloids

is guilty of a crime, and upon conviction of the coca leaf, or the salts of such al

may be punished by fine or imprisonment. kaloids; and every substance obtained or

Any such person may be prohibited from obtainable from such alkaloids whether

making or obtaining further deliveries produced by a synthetic process or other

of, or from processing or using, narcotic

drugs. wise, excepting extracts of coca leaves which do not contain cocaine or ecgonine. § 205.18 Effective date. This order

The term "supplementary quota" shall become effective on and after April means a quota representing a quantity 20, 1944, and subject to the provisions of of a derivative additional to that of the Directive No. 10 of the War Production regular quota assigned for the period. Board (32 CFR, Cum. Supp., 903.116),

and of section · 1501 of the Second $ 205.16 Records and returns. In ad

War Powers Act, 1942, shall continue in dition to the records and returns re

effect until revoked by the Commissioner quired to be kept or submitted under the Federal narcotic laws and regulations

of Narcotics. The right is reserved to pursuant thereto, such special reports of amend, modify or supplement this order transactions in narcotic drugs shall be by such further orders as the Commisfurnished as the Bureau of Narcotics may sioner of Narcotics may deem necessary from time to time require.

or appropriate.

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors]

TITLE 22-FOREIGN RELATIONS

Chapter I-Department of State....
Chapter III—Proclaimed List of Certain Blocked Nationals.

Part

8 Note

[blocks in formation]

PART 8 CERTIFICATES OF

AUTHENTICATION NOTE: The title of this part was amended to read as set forth above, by Departmental Order 1218-A, Secretary of State, Feb. 8, 1944, 9 F.R. 1611, Sec. 8.1 Officers authorized to sign and issue cer

tificates of authentication. (Revised) $8.1 Officers authorized to sign and issue certificates of authentication. The Chief or Acting Chief, Division of Administrative Management, is hereby authorized to sign and issue certificates of authentication under the Seal of the Department of State for and in the name of the Secretary of State or Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, Secretary of State (or Acting Secretary of State), have hereunto caused the Seal of the Department of State to be affixed and my name subscribed by the Chief (or Acting Chief), Division of Administrative Management, of the said Department, at the city of Washington, in the District of Columbia, this day of

19... Secretary of State. By --

Chief (or Acting Chief), Division of Administrative Management. (R.S. 161; 5 U.S.C. 22)

(Departmental Order 1218-A, Feb. 8, 1944, 9 FR. 1611]

[Preceding section, in small type, superseded by following section, also in small type, during period covered by this Supplement]

$ 8.1 Officers authorized to sign and issue certificates of authentication. The Chief or Acting Chief, Division of Administrative Services, is hereby authorized to sign and issue certificates of authentication under the Seal of the Department of State for and in the name of the Secretary of State or Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, Secretary of State (or Acting Secretary of State), have hereunto caused the Seal of the Department of State to be afixed and my name subscribed by the Chief (or Acting Chief), Division of Administrative Services, of the said Department, at the city of Washington, in the District of Columbia, this

day of

-, Secretary of State. By

Chief (or Acting Chief), Division of Administrative Services. (R.S. 161; 5 U.S.C. 22) [Departmental Reg. 3, Sept. 29, 1944, 9 F.R. 11930] [Preceding section, in small type, superseded by following section during period covered by this Supplement]

$ 8.1 Officers authorized to sign and issue certificates of authentication. An

19.--

Assistant Chief, or an Acting Assistant Chief, Division of Central Services, may, and he is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, Secretary of State, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by an Assistant Chief, Division of Central Services of the said Department, at the city of Washington, in the District of Columbia, this

day of

19..-

Secretary of State
By----
Assistant Chief, Division of Central

Services (R.S. 161, 5 U.S.C. 22) [Departmental Reg. 5, Dec. 30, 1944, 10 F.R. 10)

PART 13_SIGNATURE OF CON. TRACTS AND ISSUANCE OF BILLS OF LADING AND TRANSPORTATION REQUESTS [REVOKED]

PART 28—PAYMENTS TO AND ON

BEHALF OF PARTICIPANTS IN THE CULTURAL - COOPERATION

PROGRAM (ADDED] Sec. 28.1 Definitions. 28.2 Applicability of the regulations in

this part under special circum

stances. 28.3 Grants to foreign leaders. 28.4 Travel grants to foreign students. 28.5 Maintenance grants to foreign stu

dents. 28.6 Other assistance to foreign students. 28.7 Grants to foreign students under in

ternational agreement. 28.8 Allowances to United States Govern

ment employee leaders. 28.9 Grants to United States leaders. 28.10 Grants to United States students. 28.11 Additional provisions. 28.12 Previous regulations superseded.

AUTHORITY: $$ 28.1 to 28.12, inclusive, issued under R.S, 161, 53 Stat. 1290; 5 U.S.C. 22, 22 U.S.C. 501, 502. 57 Stat. 281. Pub. Law 365, 78th Cong.

SOURCE: $ $ 28.1 to 28.12 contained in Departmental Regulation 1, Secretary of State, Aug. 21, 1944, 9 F.R. 10243.

$ 28.1 Definitions. For the purpos of the regulations in this part the following terms shall have the meanings here given:

(a) Cultural-cooperation program of the Department of State. All programs in the field of international cultural relations and technical and cultural cooperation in connection with which payments are made direct by the Department of State, as well as similar programs carried out by other Government departments and agencies and by private organizations with funds appropriated or allocated to the Department of State when the regulations in this part apply under the provisions of $ 28.2 (a) and (b). For convenience the culturalcooperation program of the Department of State will sometimes hereinafter be referred to as the “program", and the Department of State will sometimes be referred to as the “Department”.

(b) Participants. Persons taking part in the program in one of the categories defined in paragraphs (c) and (d) of this section, including both citizens of the United States and of the other countries with which the program is carried on.

(c) Leaders. Professors and instructors, persons of influence, and persons of outstanding accomplishment or possessing special qualifications in a profes

CODIFICATION: Part 13 was revoked by Departmental Regulation 6, Secretary of State, Dec. 30, 1944, 10 F.R. 10, which further provides that this revocation shall not affect any signing or issuing authority vested in an officer of the Department on or after Jan. 15, 1944.

PART 18-EXPATRIATION:

PRESUMPTION

NOTE: In the footnote to Part 18 (22 CFR, Cum. Supp., page 5350) the effective date of the regulations on the presumption of expatriation was extended until 5 years from Oct. 14, 1940, by the Act of Sept. 27, 1944; 8 U.S.C., Sup., 809.

PART 25-DEPOSIT OF FUNDS

Sec. 25.1 Checks made payable to the Secretary

of State. (Amended) § 25:1 Checks made payable to the Secretary of State.

CODIFICATION: In $ 25.1 the words "Division of Budget and Finance" were substituted for the words "Division of Accounts”, by Departmental Regulation 2, Secretary of State, Sept. 4, 1944, 9 F.R. 10845.

sional, technical, cultural, or other specialized field, who may, however, independently or incidentally engage in research or study without thereby being necessarily classed as students as that term is hereinafter defined.

(d) Students. Students, internes in public service and other technical and professional fields, trainees, holders of fellowships, and other persons engaged primarily in pursuing courses of formal study or guided research or training.

(e) Baggage. Public property, or private property to be used exclusively for official business, and wearing apparel needed by the traveler for the journey together with the necessary containers.

(f) Excess baggage. Baggage in excess of the weight or of a size greater than that carried free by transportation companies.

$ 28.2 Applicability of these regulations under special circumstances-(a) Funds administered by another department or agency. The regulations in this part shall not apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department of State and transferred by the Department to some other department, agency, or independent establishment of the Government by transser appropriation warrant unless the terms of the transfer provide that such regulations shall apply in whole or in part or with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.

(b) Funds administered by an institution or facility. The regulations in this part shall apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department and administered by an institution, facility, or organization in accordance with the terms of a contract or grant made by the Department with or to such institution, facility, or organization, unless the terms of such contract or grant provide that the regulations in this part are not to be considered applicable or that they are to be applied with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.

(c) Subsequent appropriations or allocations. The regulations in this part shall apply to payments made by the Department of State with respect to appropriations or allocations which may

hereafter be made to the Department for the program, so far as the regulations in this part are not inconsistent therewith.

§ 28.3 Grants to foreign leaders. A citizen of a foreign country who has been awarded a grant as a leader shall be entitled to:

(a) Transportation expenses. Firstclass accommodations on steamship, airplane, railway, or other means of conveyance or, when authorized, reimbursement in accordance with the provisions of the Standardized Government Travel Regulations for travel in a privately owned vehicle.

(b). Per diem in lieu of subsistence. (1) Per diem of $10.00, in lieu of subsistence and all incidental expenses including gratuitous fees, taxi fares, head tax, visa fees, telegraph and telephone charges, et cetera, while traveling to and from the United States except for the period spent on sea-going vessels, while on authorized or emergency stop-overs, and while in a travel status within the United States, which status shall include the entire period of the trip unless the travel order or an amendment thereto specifically directs the traveler to proceed to a designated place and to remain there on a duty assignment: Provided, That when a traveler is furnished meals and/or lodging without charge by a United States Government department or agency, one fifth of the authorized per diem shall be deducted for each meal or night's lodging.

(2) Per diem of $5.00, unless another rate not to exceed $10.00 is authorized, in lieu of subsistence and all incidental expenses including gratuitous fees, and the cost of steamer chairs, rugs and cushions, et cetera, while traveling on seagoing vessels outside the continental limits of the United States.

(c) Baggage charges. Reimbursement, upon presentation of receipts, of shipping charges for baggage, as follows:

(1) If travel is performed by air, for excess baggage not to exceed 50 pounds in weight, when shipped as excess baggage or by air express.

(2) If travel is performed by means other than air, for a total of 250 pounds in weight, inclusive of all available free allowances.

(3) Under either (1) or (2) above, for additional baggage necessary to the purpose of the trip when authorized either by the Department or by the officer in

[ocr errors]
« PreviousContinue »