E.O. 10289
10289 Providing for the Performance of Certain Functions of the
President by the Secretary of the Treasury
Signed: September 17, 1951
Federal Register page and date: 16 FR 9499, September 19, 1951
Amended by: EO 10583, December 18, 1954; EO 10882, July 18,
1960; EO 11110, June 4, 1963; EO 12608, September 9, 1987
Revoked by: EO 11825, December 31, 1974 (in part)
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Executive Order 10289--Providing for the performance of certain
functions of the President by the Secretary of the Treasury
Source: The provisions of Executive Order 10289 of Sept. 17,
1951, appear at 16 FR 9499, 3 CFR, 1949-1953 Comp., p. 787,
unless otherwise noted.
By virtue of the authority vested in me by section 1 of the act
of August 8, 1950, 64 Stat. 419 (Public Law 673, 81st Congress),
and as President of the United States, it is ordered as follows:
1. The Secretary of the Treasury is hereby designated and
empowered to perform the following-described functions of the
President without the approval, ratification, or other action of
the President:
(a) The authority vested in the President by section 1 of the act
of August 1, 1914, c. 223, 38 Stat. 609, 623, as amended (19
U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the
several customs-collection districts, (2) to discontinue ports of
entry by abolishing the same and establishing others in their
stead, and (3) to change from time to time the location of the
headquarters in any customs-collection district as the needs of
the service may require.
(b) The authority vested in the President by section 1 of the
Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 (19
U.S.C. 1701), (1) to find and declare that at any place or within
any area on the high seas adjacent to but outside customs waters
any vessel or vessels hover or are being kept off the coast of
the United States and that, by virtue of the presence of any such
vessel or vessels at such place or within such area, the unlawful
introduction or removal into or from the United States of any
merchandise or person is being, or may be, occasioned, promoted,
or threatened, (2) to find and declare that certain waters on the
high seas are in such proximity to such vessel or vessels that
such unlawful introduction or removal of merchandise or persons
may be carried on by or to or from such vessel or vessels, and
(3) to find and declare that, within any customs-enforcement
area, the circumstances no longer exist which gave rise to the
declaration of such area as a customs-enforcement area.
(c) The authority vested in the President by section 1 of the Act
of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C.
3101); to suspend the provisions of law requiring the inspection
of foreign-built vessels admitted to American registry.
(d) The authority vested in the President by section 5 of the act
of May 28, 1908, c. 212, 35 Stat. 425, as amended (46 U.S.C.
Appendix 104), to determine (as a prerequisite to the extension
of reciprocal privileges by the Commissioner of Customs) that
yachts used and employed exclusively as pleasure vessels and
belonging to any resident of the United States are allowed to
arrive at and depart from any foreign port and to cruise in the
waters of such port without entering or clearing at the
custom-house thereof and without the payment of any charges for
entering or clearing, dues, duty per ton, tonnage taxes, or
charges for cruising licenses.
(e) The authority vested in the President by section 2 of the act
of March 24, 1908, c. 96, 35 Stat. 46 (46 U.S.C. Appendix 134),
to name the hospital ships to which section 1 of the said act
shall apply to indicate the time when the exemptions thereby
provided for shall begin and end.
(f) The authority vested in the President by section 4223 of the
Revised Statutes, as amended (46 U.S.C. Appendix 141), (1) to
declare that--upon satisfactory proof being given by the
government of any foreign nation that no discriminating duties of
tonnage or imposts are imposed or levied in the ports of such
nation upon vessels wholly belonging to citizens of the United
States, or upon the produce, manufactures, or merchandise
imported in the same from the United States or from any foreign
country--the foreign discriminating duties of tonnage and impost
within the United States are suspended and discontinued, so far
as respects the vessels of such foreign nation, and the produce,
manufactures, or merchandise imported into the United States from
such foreign nation, or from any other foreign country, and (2)
to suspend in part the operation of section 4219 of the Revised
Statutes, as amended (46 U.S.C. Appendix 121), and section IV, J,
subsection 1 of the act of October 3, 1913, c. 16, 38 Stat. 195,
as amended (46 U.S.C. Appendix 146), so that foreign vessels from
a country imposing partial discriminating tonnage duties upon
American vessels, or partial discriminating import duties upon
American merchandise, may enjoy in our ports the identical
privileges which the same class of American vessels and
merchandise may enjoy in such country: Provided, that prior to
the issuance of an order of the Secretary of the Treasury
suspending and discontinuing (wholly or in part) discriminating
tonnage duties, imposts, and import duties within the United
States, the Department of State shall obtain and furnish to the
Secretary of the Treasury the proof required by the said section
4228, as amended as the basis for that order.
(g) The authority vested in the President by section 3650 of the
Internal Revenue Code (26 U.S.C. 3650) to establish convenient
collection districts (for the purpose of assessing, levying, and
collecting the taxes provided by the internal revenue laws), and
from time to time to alter such districts.
(h) The authority which is now vested in the President by section
2564 (b) of the Internal Revenue Code (26 U.S.C. 2564 (b)), and
which on and after January 1, 1955, will be vested in the
President by section 4735 (b) of the Internal Revenue Code of
1954, to issue, in accordance with the provisions of the said
section 2564 (b) or 4735 (b), as the case may be, orders
providing for the registration and the imposition of a special
tax upon all persons in the Canal Zone who produce, import
compound, deal in, dispense, sell, distribute, or give away
narcotic drugs.
(i) The authority vested in the President by Section 5318 of the
Revised Statutes, as amended (19 U.S.C. 540), to employ suitable
vessels other than Coast Guard cutters in the execution of laws
providing for the collection of duties on imports and tonnage;
[Para. 1 amended by EO 10583 of Dec. 18, 1954, 19 FR 8725, 3 CFR,
1954-1958 Comp., p. 232; EO 10882 of July 18, 1960, 25 FR 6869, 3
CFR, 1959-1963 Comp., p. 413; EO 11110 of June 4, 1963, 28 FR
5605, 3 CFR, 1959-1963 Comp., p. 770; EO 12608 of Sept. 9, 1987,
52 FR 34617, 3 CFR, 1987 Comp., p. 245]
2. The Secretary of the Treasury is hereby designated and
empowered to perform without the approval, ratification, or other
action of the President the following functions which have
heretofore, under the respective provisions of law cited,
required the approval of the President in connection with their
performance by the Secretary of the Treasury:
(a) The authority vested in the Secretary of the Treasury by
section 6 of the act of July 8, 1937, c. 444, 50 Stat. 480 (5
U.S.C. 134c), to make rules and regulations necessary for the
execution of the functions vested in the Secretary of the
Treasury by the said act, as amended.
(b) [Revoked]
(c) [Revoked]
(d) [Revoked]
(e) The authority vested in the Secretary of the Treasury by
section 1 of Title II of the act of June 15, 1917, c. 30, 40
Stat. 220 (50 U.S.C. 191), to make rules and regulations
governing the anchorage and movement of any vessel, foreign or
domestic, in the territorial waters of the United States.
(f) [Revoked]
[Para. 2 amended by EO 11110 of June 4, 1963, 28 FR 5605, 3 CFR,
1959-1963 Comp., p. 770; EO 11825 of Dec. 31, 1974, 40 FR 1003, 3
CFR, 1971-1975 Comp., p. 929; EO 12608 of Sept. 9, 1987, 52 FR
34617, 3 CFR, 1987 Comp., p. 245]
3. (a) The Secretary of the Treasury and the Postmaster General
are hereby designated and empowered jointly to prescribe without
the approval of the President regulations, under section 1 of the
act of July 8, 1937, c. 444, 50 Stat. 479 (5 U.S.C. 134),
governing the shipment of valuables by the executive departments,
independent establishments, agencies, wholly-owned corporations,
officers, and employees of the United States.
(b) The Postmaster General is hereby designated and empowered to
exercise without the approval, ratification, or other action of
the President the authority vested in the President by section
504 (b) of title 18 of the United States Code to approve
regulations issued by the Secretary of the Treasury under the
authority of the said section 504 (b) (relating to the printing,
publishing, or importation, or the making or importation of the
necessary plates for such printing or publishing, of postage
stamps for philatelic purposes), and to approve any amendment or
repeal of any of such regulations by the Secretary of the
Treasury.
[Para. 3 amended by EO 10583 of Dec. 18, 1954, 19 FR 8725, 3 CFR,
1954-1958 Comp., p. 232]
4. As used in this order, the term "functions" embraces duties,
powers, responsibilities, authority, or discretion, and the term
"perform" may be construed to mean "exercise".
5. All actions heretofore taken by the President in respect of
the matters affected by this order and in force at the time of
the issuance of this order, including regulations prescribed by
the President in respect of such matters, shall, except as they
may be inconsistent with the provisions of this order, remain in
effect until amended, modified, or revoked pursuant to the
authority conferred by this order.