PROHIBITED IMPORTS: TRADING WITH THE ENEMY PROHIBITION AGAINST IMPORTATION OF GOODS MADE BY COMPANY GAZETTED AS ENEMY COMPANY: APPLICATION TO GOODS MADE BY SUCH COMPANY IN FRIENDLY COUNTRY: EFFECT OF SUCH COMPANY BEING CONTROLLED BY FRIENDLY GOVERNMENT
The Comptroller-General forwards the following memorandum for advice:
In regard to the prohibition of the importation of Bosch magnetos, on account of the gazettal of the Bosch Magneto Company Ltd as an enemy company I shall be glad to be favoured with advice on the following points:
- Does the gazettal of the Bosch Magneto Company Limited prohibit the importation of American goods from the Bosch Magneto Co., U.S.A.?
- It is also stated that a Bosch magneto factory in France, which was formerly controlled by the German Company, is now absolutely under the control of the French Government. Is the importation from such a factory prohibited?
- In the case of Bosch magnetos fitted to motor cars or other motors from the United Kingdom, it is proposed to take a liberal view with regard to importations on the water prior to the restriction, and subsequently to require removal of the magneto.
My opinion upon these questions is as follows:
- The gazettal of the Bosch Magneto Company makes any transaction with the Company illegal. It does not, by itself, make the importation of goods manufactured by the Company illegal.
- If the French factory is owned by the German Company, I do not think that the mere fact of control by the French Government takes it out of the proclamations.
- There is no legal objection to the course proposed.
But the proclamation of 11.12.15, paragraph (c), makes the importation of such goods without the written consent of the Minister for Trade and Customs illegal.
[Vol. 14, p. 316]