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TRADING WITH THE ENEMY ACT.

ARRANGEMENT OF SECTIONS

   Section

   1.   Interpretation.

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO.

   2.   Penalties for trading with the enemy.

   3.   Definition of enemy.

   4.   Inspection and supervision of businesses; related offences and penalties.

   5.   Transfer of negotiable instruments and choses in action by enemies.

   6.   Transfer and allotment of securities.

   7.   Purchase of enemy currency.

PROPERTY OF ENEMIES AND ENEMY SUBJECTS.

   8.   Collection of enemy debts and custody of enemy property.

GENERAL AND SUPPLEMENTARY PROVISIONS.

   9.   False statements and obstruction.

   10.   Offences by corporations.

   11.   Exercise of powers.

   12.   Evidence of authority or sanction.

   13.   Saving.

CHAPTER 364
TRADING WITH THE ENEMY ACT.

Commencement: 3 September, 1939.

   An Act to impose penalties for trading with the enemy, to make provision as respects the property of enemies and enemy subjects, and for purposes connected with the matters aforesaid.

1.   Interpretation.

   (1) In this Act, the following expressions have the meanings respectively assigned to them—

   (a)   "enemy subject" means—

      (i)   an individual who possesses the nationality of a State at war with the Republic of Uganda; or

      (ii)   a body of persons, possessing the nationality of a State at war with the Republic of Uganda, constituted or incorporated in Uganda or a body of persons constituted or incorporated in or under the laws of any such State;

   (b)   "enemy territory" means any area which is under the sovereignty of, or in the occupation of, a power with which the Republic of Uganda is at war, not being an area in the occupation of the Republic of Uganda or of a power allied with the Republic of Uganda.

   (2) A certificate of the President that any area is or was under the sovereignty of, or in the occupation of any power, or as to the time at which any area became or ceased to be under such sovereignty or in such occupation shall, for the purposes of any proceedings under or arising out of this Act, be conclusive evidence of the facts stated in the certificate.

   (3) In considering for the purposes of any of the provisions of this Act whether any person has been an enemy or an enemy subject, no account shall be taken of any state of affairs existing before the commencement of the war by reason of which the person became an enemy or an enemy subject.

   (4) For the purposes of this Act, a person shall be deemed to be a director of a body corporate if he or she occupies in relation to the body corporate the position of a director, by whatever name called; and, for the purposes of the provisions of this Act relating to offences by bodies corporate, a person shall be deemed to be a director of a body corporate if he or she is a person in accordance with whose directions or instructions the directors of that body act; but a person shall not, by reason only that the directors of a body corporate act on advice given by him or her in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO.

2.   Penalties for trading with the enemy.

   (1) Any person who trades with the enemy within the meaning of this Act commits an offence of trading with the enemy and is liable on conviction to imprisonment for a term not exceeding seven years or to a fine not exceeding 15,000 shillings or to both such imprisonment and fine, and the court may in any case order that any goods or money in respect of which the offence has been committed shall be forfeited.

   (2) For the purposes of this Act, a person shall be deemed to have traded with the enemy—

   (a)   if he or she 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 or she 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;

      (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 the war by reason of which the person became

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