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  1. #1
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    THE MODERN HISTORY OF THE COMMERCIAL LIEN PROCESS

    A contract expired Friday, April 4th, 2008. A 75 year old contract. What happened in 1933? And in 1938?

    This is a most complex subject so I must warn you in advance that this is not my area of specialty (as if I have one) so I will not do this subject justice as someone like "S" might and hopefully will. For you lawyers and researchers out there background for these brief remarks can be found in the book THE MODERN HISTORY OF THE COMMERCIAL LIEN PROCESS and in the 1938 CASE of ERIE R.R. vs Thompkins. Also see 12 USCA 95A and attendant EXECUTIVE ORDERS.

    What follows is subject to correction by "S" or other more knowledgeable reporters.

    FDR put the U.S. into Bankruptcy March 9, 1933 but it was not until 1938 that the Supreme Court ruled in various ways that the U.S. would no longer be a Constitutional Republic but rather a "Legislative Democracy". The United States could not borrow money so Roosevelt devised a scheme (plot?) whereby the full faith and credit of the STATES would be "attached" to the Federal Government providing the collateral the U.S. needed and the States would from that time forward receive Federal Benefits. Included was the pledging of the people themselves and their future labor as security instruments, hence we all became chattel of the CORPORATE UNITED STATES in Washington D.C.

    To provide further control the "trading with the enemy act/war powers act" from the nineteen teens was updated to 1933 to include U.S. citizens as "enemies of the state" and we became "occupied" by foreign creditors. Simultaneously they took us from "public law" into "public policy"and brought merchant law (admiralty law) upon the land suspending the Constitution and changing the courts from Article 1 courts to Administrative Tribunals. In 1938 the Supreme Court codified what FDR had done in 1933 and we were henceforth ruled by the "Uniform Commercial Code", Executive Orders, and a slew of rules and regulations often in direct contradiction of the Constitution. Simultaneously "they" created "credit money" which has allowed them to bury us in debt acknowledged as 9T but in truth is close to 50T.

    To facilitate all this everybody(govt entity) became a corporation, even the courts. Everything was disguised and the incestuous relationships grew and grew until there were no longer 3 branches of Government, all was one giant punch bowl of ever increasing debt from which every entity became addicted and got drunk all the way down to the municipal level. Since 1938 we have lived under merchant/commercial/admiralty law not the Constitution and all of them have known it, withheld this knowledge from the public, caused untold grief in a thousand ways and are now about the business of supressing and pardoning and parsing and spinning and lord knows what all else. All states signed up and went along with this "plastic overlay" of the states by the UNITED STATES except Louisiana which joined up later.

    Taken together these acts of Treason were in direct contravention of the Constitutional Conventions themselves. They replaced the real person with the state created fictitious person which they then "securitized" as collateral for foreign debts and then they released upon the people the jack booted Internal Revenue Service which became the collection agency for the foreign creditors to which our very lives had been given over. The use of all CAP'S as in UNITED STATES, the same with the States and the Citizens themselves represented the blending of the FEDERAL GOVERNMENT, the States and the People into the commercial lien process which has brought us to the current state of affairs where the "swamp creature" (UNITED STATES) which "owns" us and has pledged us (master/slave) controls EVERYTHING, every aspect of our lives and especially finances. The courts became "administrator's" for foreign creditors and our country became a "legislated democracy" a form of Government despised by our founding fathers. It appears all of this and a great deal more is expiring/has expired/contract expired Friday.

    Now comes the "change over" in banking (opening of "Global Banking") and prayerfully the long awaited return of the Constitution.

    Meanwhile the FED RES appears to be taking on unlimited quantities of toxic paper, gold has been moved round about, east meets west in a new global banking system and likely a new monetary system, a refi-re-liquification of the world looms large, rascals are scurrying to and fro trying to cover up past sins which might become public all the way back to the beginning of the just expired contract. Preparations to hide, suppress, pretend, pardon and whitewash seem well under way including the last minute "aw shucks-who cares" from FITZGERALD.

    As you can see, as you already knew, that which is coming down is worldwide in scope and overwhelming in magnitude. The decisions, whatever they are, have been made and have been implemented with input from only the criminals not the innocent. While they bailout the corrupt financial institutions they simultaneously take from the people the last refuge of the citizen in a jam-the discharge of debts in bankruptcy. The politicians are owned by the banks, the credit card companies, big oil, big pharmacy and others who are willing and able to keep them in the style to which they have become accustomed. "Let them eat cake" as they say.

    Knowing all this was coming these same "insiders" have spent the last few years sucking everything humanly possible out of the system without regard to the systemic risk to the system or to the country itself as they knew the PAULSONS, GREENSPANS, BERNAKES. COX'S and FITZGERALDS of the world would do nothing about it except to lay off onto the backs of the citizens the resulting carnage. Most of it is now in their personal pockets as their rape rob and pillage knew no boundaries as there were no boundaries. It was every man for himself, grab everything possible and to hell with the already failed and about to expire system.

    There was to be an accounting. The bad guys were to lose their "frozen" ill gotten gains. Now it appears, although we don't have definitive proof (yet), that they are sitting around behind closed doors counting-a billion for you-a billion for me-etc. etc. etc..

    Whether BUSH/FITZGERALD et al have partnered to stop deliveries again will have to await developments as FITS is now hiding under his desk needing no advice from anyone other than the usual suspects.

    We do not believe it to be his intention to stop deliveries which we believe to be imminent. Don't you just love that word along with "tomorrow". Hopefully the announcements will shed light instead of further darkness.

    casper 4-6-08

    http://www.fourwinds10.com/siterun_data ... 1207521940

  2. #2
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    Regulation of transactions in foreign exchange of gold and silver; property transfers; vested interests, enforcement and penalties
    12 USC - U.S. Code - Title 12: Banks and Banking (January 2004)



    Permanent Link: http://vlex.com/vid/19224943

    Id. vLex: VLEX-WQPH057

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    U.S. Code - Title 12: Banks and Banking - 12 USC 95 - Sec. 95. Emergency limitations and restrictions on business of members of Federal reserve system; designation of legal holiday for national banking associations; exceptions; 'State' defined

    > See other documents that cite the same legislation

    Text:
    (1) During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise - (A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and (B) investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States; and any property or interest of any foreign country or national thereof shall vest, when, as, and upon the terms, directed by the President, in such agency or person as may be designated from time to time by the President, and upon such terms and conditions as the President may prescribe such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes; and the President shall, in the manner hereinabove provided, require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in this subdivision either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of this subdivision, and in any case in which a report could be required, the President may, in the manner hereinabove provided, require the production, or if necessary to the national security or defense, the seizure, of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States, or as otherwise directed, pursuant to this section or any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this section, or any rule, regulation, instruction, or direction issued hereunder. (3) As used in this subdivision the term "United States" means the United States and any place subject to the jurisdiction thereof; Provided, however, That the foregoing shall not be construed as a limitation upon the power of the President, which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the purposes of this subdivision, for any or all of the terms used in this subdivision.

    As used in this subdivision the term "person" means an individual, partnership, association, or corporation. (4) The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.

    The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 2404 of title 50, Appendix, or under section 2405 of title 50, Appendix to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18.


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    Codification
    Section 5(b) of act Oct. 6, 1917, is part of the Trading with the Enemy Act and is also classified to section 5(b) of the Appendix to Title 50, War and National Defense.

    Words ", including the Philippine Islands, and the several courts of first instance of the Commonwealth of the Philippine Islands shall have jurisdiction in all cases, civil or criminal, arising under this section in the Philippine Islands and concurrent jurisdiction with the district courts of the United States of all cases, civil or criminal, arising upon the high seas" following "to the jurisdiction thereof:" in subsec. (3) were omitted on authority of 1946 Proc. No. 2695, which granted the Philippine Islands independence, and which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse.

    Proc. No. 2695 is set out as a note under section 1394 of Title 22.

    Amendments

    1994 - Par. (4). Pub. L. 103-236 amended par. (4) generally.

    Prior to amendment, par. (4) read as follows: "The authority granted to the President in this section does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials, which are not otherwise controlled for export under section 2404 of title 50, Appendix, or with respect to which no acts are prohibited by chapter 37 of title 18." 1988 - Par. (4). Pub. L. 100-418 added par. (4). 1977 - Par. (1). Pub. L. 95-223, Secs. 101(a), 102, substituted "During the time of war, the President may, through any agency that he may designate, and under such rules and regulations" for "During the time of war or during any other period of national emergency declared by the President, the President may, through any agency, that he may designate, or otherwise, and under such rules and regulations" in the provisions preceding subpar. (A), and, in the provisions following subpar. (B), struck out "; and the President may, in the manner hereinabove provided, take other and further measures not inconsistent herewith for the enforcement of the subdivision" after "control of such person". Par. (3). Pub. L. 95-223, Sec. 103(b), struck out provisions that whoever willfully violated any of the provisions of this subdivision or of any license, order, rule, or regulation issued thereunder, could be fined not more than $10,000, or, if a natural person, could be imprisoned for not more than ten years, or both; and that any officer, director, or agent of any corporation who knowingly participated in that violation could be punished by a like fine, imprisonment, or both. 1941 - Act Dec. 18, 1941, broadened the powers of the President to take, administer, control, use and liquidate foreign-owned property and added a flexibility of control which enabled the President and the agencies designated by him to cope with the problems surrounding alien property, its ownership or control, on the basis of the particular facts in each case. 1940 - Act May 7, 1940, included dealings in evidences of indebtedness or ownership of property in which foreign states, nationals or political subdivisions thereof have an interest. 1933 - Act Mar. 9, 1933, amended section generally by, among other things, extending the President's power to any time of war or national emergency, by permitting regulations to be issued by any agency designated by the President, by providing for the furnishing under oath of complete information relative to transactions under this section and by placing sanctions on violations to the extent of a $10,000 fine or ten years imprisonment. 1918 - Act Sept. 24, 1918, inserted provisions relating to the hoarding or melting of gold or silver coin or bullion or currency and to the regulation of transactions in bonds or certificates of indebtedness.

    Delegation Of Powers

    Delegation of President's powers under this section to Secretary of the Treasury and Alien Property Custodian; and transfer of Alien Property Custodian's powers to Attorney General, see Ex. Ord. Nos. 9095 and 9788, set out as notes under section 6 of the Appendix to Title 50, War and National Defense.

    All powers conferred upon President by this section delegated to Secretary of the Treasury by Memorandum of the President dated Feb. 12, 1942, 7 F.R. 1409.

    Administration Of Export Administration Act

    For provisions relating to the administration of the Export Administration Act, see Executive Orders set out as notes under section 2403 of Title 50, Appendix, War and National Defense.

    LIMITATION ON EXERCISE OF EMERGENCY AUTHORITIES Section 525(b)(2) of Pub. L. 103-236 provided that: "The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [this section], which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [Apr. 30, 1994], do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as amended by paragraph (1) of this subsection, may not be regulated or prohibited." Section 2502(a)(2) of Pub. L. 100-418 provided that: "The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [this section], which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [Aug. 23, 1988], do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as added by paragraph (1) of this subsection, may not be regulated or prohibited." EXTENSION AND TERMINATION OF NATIONAL EMERGENCY POWERS UNDER THE TRADING WITH THE ENEMY ACT Section 101(b), (c) of Pub. L. 95-223 provided that: "(b) Notwithstanding the amendment made by subsection (a) [amending par. (1) of this section], the authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [this section], which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, may continue to be exercised with respect to such country, except that, unless extended, the exercise of such authorities shall terminate (subject to the savings provisions of the second sentence of section 101(a) of the National Emergencies Act [section 1601(a) of Title 50, War and National Defense]) at the end of the two-year period beginning on the date of enactment of the National Emergencies Act [Sept 14, 1976]. The President may extend the exercise of such authorities for one-year periods upon a determination for each such extension that the exercise of such authorities with respect to such country for another year is in the national interest of the United States. "(c) The termination and extension provisions of subsection (b) of this section supersede the provisions of section 101(a) [section 1601(a) of Title 50, War and National Defense] and of title II [section 1621 et seq. of Title 50] of the National Emergencies Act to the extent that the provisions of subsection (b) of this section are inconsistent with those provisions." REMOVAL OF LIMITATIONS AND RESTRAINTS IN FINANCING EXPORTS Pub. L. 92-126, Sec. 2, Aug. 17, 1971, 85 Stat. 346, provided that: "In connection with section 2 of Executive Order Number 11387, dated January 1, 1968 [formerly set out below] and any rule, regulation, or guideline established by the Board of Governors of the Federal Reserve System in connection with a voluntary foreign credit restraint program, there shall be no limitation or restraint, or suggestion that there be a limitation or restraint, on the part of any bank or financial institution in connection with the extension of credit for the purpose of financing exports of the United States." WORLD WAR II ALIEN PROPERTY CUSTODIAN Reestablishment and termination of Office of Alien Property Custodian during World War II, see notes under section 6 of the Appendix to Title 50, War and National Defense.

    DIPLOMATIC PROPERTY OF GERMANY AND JAPAN Ex. Ord. No. 9760, July 24, 1946, 11 F.R. 7999, set out in notes to section 6 of Title 50, Appendix, War and National Defense, supersedes conflicting provisions of Ex. Ord. No. 8389, set out below.

    Executive Order No. 6260

    Ex. Ord. No. 6260, Aug. 28, 1933, as amended by Ex. Ord. No. 6359, Oct. 25, 1933; Ex. Ord. No. 6556, Jan. 12, 1934; Ex. Ord. No. 6560, Jan. 15, 1934; Ex. Ord. No. 10896, Nov. 29, 1960, 25 F.R. 12281; Ex. Ord. No. 10905, Jan. 14, 1961, 26 F.R. 321; Ex. Ord. No. 11037, July 20, 1962, 27 F.R. 6967, formerly set out as a note under this section, which related to the hoarding, export, and earmarking of gold coin, bullion, or currency, and transactions in foreign exchange, was revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003, set out below.

    EXECUTIVE ORDER NO. 6560 Ex. Ord. No. 6560, Jan. 15, 1934, as amended by Ex. Ord. No. 8389. April 10, 1940, 6 p.m. E. S. T., 5 F.R. 1400; Ex. Ord. No. 8405, May 10, 1940, 7:55 a.m. E. S. T., 5 F.R. 1677; Ex. Ord. No. 8493, July 25, 1940, 5 F.R. 2667, formerly set out as a note under this section, which declared the existence of a national emergency and prescribed regulations for the investigation, regulation, and prohibition of transactions in foreign exchange, transfers of credit between or payments by banking institutions, and export of currency or silver coin by persons within the United States or subject to its jurisdiction, was based on authority of section 95a of this title (act Oct. 6, 1917, ch. 106, Sec. 5(b), 40 Stat. 415, comprising part of the Trading With the Enemy Act) which was amended in 1977 to remove the powers of the President to regulate transactions during a period of national emergency other than a war. EX. ORD. NO. 8389. REGULATING TRANSACTIONS IN FOREIGN EXCHANGE AND FOREIGN-OWNED PROPERTY, PROVIDING FOR THE REPORTING OF ALL FOREIGN-OWNED PROPERTY Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R. 1400, as amended by Ex. Ord. No. 8405, May 10, 1940, 5 F.R. 1677; Ex. Ord. No. 8446, June 17, 1940, 5 F.R. 2279; Ex. Ord. No. 8484, July 15, 1940, 5 F.R. 2586; Ex. Ord. No. 8493, July 25, 1940, 5 F.R. 2667; Ex. Ord. No. 8565, Oct. 10, 1940, 5 F.R. 4062; Ex. Ord. No. 8701, Mar. 4, 1941, 6 F.R. 1285; Ex. Ord. No. 8711, Mar. 13, 1941, 6 F.R. 1443; Ex. Ord. No. 8721, Mar. 24, 1941, 6 F.R. 1622; Ex. Ord. No. 8746, Apr. 28, 1941, 6 F.R. 2187; Ex. Ord. No. 8785, June 14, 1941, 6 F.R. 2897; Ex. Ord. No. 8832, July 26, 1941, 6 F.R. 3715; Ex. Ord. No. 8963, Dec. 9, 1941, 6 F.R. 6348; Ex. Ord. No. 8998, Dec. 26, 1941, 6 F.R. 6787, provided: SECTION 1. CERTAIN FOREIGN BANKING TRANSACTIONS PROHIBITED All of the following transactions are prohibited, except as specifically authorized by the Secretary of the Treasury by means of regulations, rulings, instructions, licenses, or otherwise, if (i) such transactions are by, or on behalf of, or pursuant to the direction of any foreign country designated in this Order, or any national thereof, or (ii) such transactions involve property in which any foreign country designated in this Order, or any national thereof, has at any time on or since the effective date of this Order had any interest of any nature whatsoever, direct or indirect: A. All transfers of credit between any banking institutions within the United States; and all transfers of credit between any banking institution within the United States and any banking institution outside the United States (including any principal, agent, home office, branch, or correspondent outside the United States, of a banking institution within the United States); B. All payments by or to any banking institution within the United States; C. All transactions in foreign exchange by any person within the United States; D. The export or withdrawal from the United States, or the earmarking of gold or silver coin or bullion or currency by any person within the United States; E. All transfers, withdrawals or exportations of, or dealings in, any evidences of indebtedness or evidences of ownership of property by any person within the United States; and F. Any transaction for the purpose or which has the effect of evading or avoiding the foregoing prohibitions.

    SECTION 2. DEALINGS IN FOREIGN SECURITIES; REGULATIONS A. All of the following transactions are prohibited, except as specifically authorized by the Secretary of the Treasury by means of regulations, rulings, instructions, licenses, or otherwise: (1) The acquisition, disposition or transfer of, or other dealing in, or with respect to, any security or evidence thereof on which there is stamped or imprinted, or to which there is affixed or otherwise attached, a tax stamp or other stamp of a foreign country designated in this Order or a notarial or similar seal which by its contents indicates that it was stamped, imprinted, affixed or attached within such foreign country, or where the attendant circumstances disclose or indicate that such stamp or seal may, at any time, have been stamped, imprinted, affixed or attached thereto; and (2) The acquisition by, or transfer to, any person within the United States of any interest in any security or evidence thereof if the attendant circumstances disclose or indicate that the security or evidence thereof is not physically situated within the United States. B. The Secretary of the Treasury may investigate, regulate, or prohibit under such regulations, rulings, or instructions as he may prescribe, by means of licenses or otherwise, the sending, mailing, importing or otherwise bringing, directly or indirectly, into the United States, from any foreign country, of any securities or evidences thereof or the receiving or holding in the United States of any securities or evidences thereof so brought into the United States.

    SECTION 3. FOREIGN COUNTRIES AFFECTED;

    EFFECTIVE DATE OF PROHIBITIONS

    The term "foreign country designated in this Order" means a foreign country included in the following schedule, and the term "effective date of this Order" means with respect to any such foreign country, or any national thereof, the date specified in the following schedule: (a) April 8, 1940 - Norway and Denmark; (b) May 10, 1940 - The Netherlands, Belgium and Luxembourg; (c) June 17, 1940 - France (including Monaco); (d) July 10, 1940 - Latvia, Estonia and Lithuania; (e) October 9, 1940 - Rumania; (f) March 4, 1941 - Bulgaria; (g) March 13, 1941 - Hungary; (h) March 24, 1941 - Yugoslavia; (i) April 28, 1941 - Greece; and (j) June 14, 1941 - Albania, Andorra, Austria, Czechoslovakia, Danzig, Finland, Germany, Italy, Liechtenstein, Poland, Portugal, San Marino, Spain, Sweden, Switzerland, and Union of Soviet Socialist Republics; (k) June 14, 1941 - China and Japan; (l) June 14, 1941 - Thailand; (m) June 14, 1941 - Hong Kong. The "effective date of this Order" with respect to any foreign country not designated in this Order shall be deemed to be June 14, 1941. SECTION 4. RECORDS OF FOREIGN BANKING AND SECURITY TRANSACTIONS; INVESTIGATIONS A. The Secretary of the Treasury and/or the Attorney General may require, by means of regulations, rulings, instructions, or otherwise, any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, from time to time and at any time or times, complete information relative to, any transaction referred to in section 5(b) of the Act of October 6, 1917 (40 Stat. 415) [this section], as amended, or relative to any property in which any foreign country or any national thereof has any interest of any nature whatsoever, direct or indirect, including the production of any books of account, contracts, letters, or other papers, in connection therewith, in the custody or control of such person, either before or after such transaction is completed; and the Secretary of the Treasury and/or the Attorney General may, through any agency, investigate any such transaction or act, or any violation of the provisions of this Order. B. Every person engaging in any of the transactions referred to in sections 1 and 2 of this Order shall keep a full record of each such transaction engaged in by him, regardless of whether such transaction is effected pursuant to license or otherwise, and such record shall be available for examination for at least one year after the date of such transaction.

    SECTION 5. DEFINITIONS A. As used in the first paragraph of section 1 of this Order "transactions (which) involve property in which any foreign country designated in this Order, or any national thereof, has * * * any interest of any nature whatsoever, direct or indirect," shall include but not by way of limitation (i) any payment or transfer to any such foreign country or national thereof, (ii) any export or withdrawal from the United States to such foreign country, and (iii) any transfer of credit, or payment of an obligation, expressed in terms of the currency of such foreign country. B. The term "United States" means the United States and any place subject to the jurisdiction thereof, and the term "continental United States" means the States of the United States, the District of Columbia, and the Territory of Alaska: Provided, however, That for the purposes of this Order the term "United States" shall not be deemed to include any territory included within the term "foreign country" as defined in paragraph D of this section. C. The term "person" means an individual, partnership, association, corporation, or other organization. D. The term "foreign country" shall include, but not by way of limitation, (i) The state and the government thereof on the effective date of this Order as well as any political subdivision, agency, or instrumentality thereof or any territory, dependency, colony, protectorate, mandate, dominion, possession or place subject to the jurisdiction thereof. (ii) Any other government (including any political subdivision, agency, or instrumentality thereof) to the extent and only to the extent that such government exercises or claims to exercise de jure or de facto sovereignty over the area which on such effective date constituted such foreign country, and (iii) Any territory which on or since the effective date of this Order is controlled or occupied by the military, naval or police forces or other authority of such foreign country; (iv) Any person to the extent that such person is, or has been, or to the extent that there is reasonable cause to believe that such person is, or has been, since such effective date, acting or purporting to act directly or indirectly for the benefit or on behalf of any of the foregoing.

    Hong Kong shall be deemed to be a foreign country within the meaning of this subdivision. E. The term "national" shall include, (i) Any person who has been domiciled in, or a subject, citizen or resident of a foreign country at any time on or since the effective date of this Order, (ii) Any partnership, association, corporation or other organization, organized under the laws of, or which on or since the effective date of this Order had or has had its principal place of business in such foreign country, or which on or since such effective date was or has been controlled by, or a substantial part of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of which, was or has been owned or controlled by, directly or indirectly, such foreign country and/or one or more nationals thereof as herein defined. (iii) Any person to the extent that such person is, or has been, since such effective date, acting or purporting to act directly or indirectly for the benefit or on behalf of any national of such foreign country, and (iv) Any other person who there is reasonable cause to believe is a "national" as herein defined.

    In any case in which by virtue of the foregoing definition a person is a national of more than one foreign country, such person shall be deemed to be a national of each such foreign country.

    In any case in which the combined interests of two or more foreign countries designated in this Order and/or nationals thereof are sufficient in the aggregate to constitute, within the meaning of the foregoing, control of 25 per centum or more of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of a partnership, association, corporation or other organization, but such control or a substantial part of such stock, shares, bonds, debentures, notes, drafts, or other securities or obligations is not held by any one such foreign country and/or national thereof, such partnership, association, corporation or other organization shall be deemed to be a national of each of such foreign countries.

    The Secretary of the Treasury shall have full power to determine that any person is or shall be deemed to be a "national" within the meaning of this definition, and the foreign country of which such person is or shall be deemed to be a national.

    Without limitation of the foregoing, the term "national" shall also include any other person who is determined by the Secretary of the Treasury to be, or to have been, since such effective date, acting or purporting to act directly or indirectly for the benefit or under the direction of a foreign country designated in this Order or national thereof, as herein defined. F. The term "banking institution" as used in this Order shall include any person engaged primarily or incidentally in the business of banking, of granting or transferring credits, or of purchasing or selling foreign exchange or procuring purchasers and sellers thereof, as principal or agent, or any person holding credits for others as a direct or incidental part of his business, or brokers, and each principal, agent, home office, branch or correspondent of any person so engaged shall be regarded as a separate "banking institution". G. The term "this Order", as used herein, shall mean Executive Order No. 8389 of April 10, 1940, as amended.

    SECTION 6. CONSTRUCTION WITH EX. ORD. NO. 6560; SAVING CLAUSE Executive Order No. 8389 of April 10, 1940, as amended, shall no longer be deemed to be an amendment to or a part of Executive Order No. 6560 of January 15, 1934. Executive Order No. 6560 of January 15, 1934, and the Regulations of November 12, 1934, are hereby modified in so far as they are inconsistent with the provisions of this Order, and except as so modified, continue in full force and effect.

    Nothing herein shall be deemed to revoke any license, ruling, or instruction now in effect and issued pursuant to Executive Order No. 6560 of January 15, 1934, as amended, or pursuant to this Order; provided, however, that all such licenses, rulings, or instructions shall be subject to the provisions hereof.

    Any amendment, modification or revocation by or pursuant to the provisions of this Order of any orders, regulations, rulings, instructions or licenses shall not affect any act done, or any suit or proceeding had or commenced in any civil or criminal case prior to such amendment, modification or revocation, and all penalties, forfeitures and liabilities under any such orders, regulations, rulings, instructions or licenses shall continue and may be enforced as if such amendment, modification or revocation had not been made. SECTION 7. REGULATIONS BY SECRETARY OF THE TREASURY Without limitation as to any other powers or authority of the Secretary of the Treasury or the Attorney General under any other provision of this Order, the Secretary of the Treasury is authorized and empowered to prescribe from time to time regulations, rulings, and instructions to carry out the purposes of this Order and to provide therein or otherwise the conditions under which licenses may be granted by or through such officers or agencies as the Secretary of the Treasury may designate, and the decision of the Secretary with respect to the granting, denial or other disposition of an application or license shall be final.

    SECTION 8. OFFENSES AND PENALTIES UNDER ACT OCT. 6, 1917 Section 5(b) of the Act of October 6, 1917, as amended, provides in part: "* * * Whoever willfully violates any of the provisions of this subdivision or of any license, order, rule or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, may be imprisoned for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both." SECTION 9. AMENDMENTS OF ORDER AND REGULATIONS PRESCRIBED THEREUNDER This Order and any regulations, rulings, licenses or instructions issued hereunder may be amended, modified or revoked at any time. [Ex. Ord. No. 8389 and the regulations and general rulings issued thereunder by the Secretary of the Treasury were approved and confirmed by Res. May 7, 1940, ch. 185, Sec. 2, 54 Stat. 179.] [Ex. Ord. No. 9760, July 24, 1946, 11 F.R. 7999, 50 U.S.C. App., Sec. 6 note, relating to diplomatic property of Germany and Japan in the United States, supersedes conflicting provisions of Ex. Ord. No. 8389, set out above.] EXECUTIVE ORDERS NOS. 8446, 8484, 8565, 8701, 8711, 8721, 8746 The application of Ex. Ord. No. 6560, Secs. 9 to 14, to French property by Ex. Ord. No. 8446, 5 F.R. 2279; to Latvian, Estonian and Lithuanian property by Ex. Ord. No. 8484, 5 F.R. 2586; to Rumanian property by Ex. Ord. No. 8565, 5 F.R. 4062; to Bulgarian property by Ex. Ord. No. 8701, 6 F.R. 1285; to Hungarian property by Ex. Ord. No. 8711, 6 F.R. 1443; to Yugoslav property by Ex. Ord. No. 8721, 6 F.R. 1622; to Greek property by Ex. Ord. No. 8746, 6 F.R. 2187, was incorporated in the provisions of Ex. Ord. No. 8389 as amended by Ex. Ord. No. 8785, set out above.

    EX. ORD. NO. 9747. FUNCTIONS OF ALIEN PROPERTY CUSTODIAN AND TREASURY DEPARTMENT CONTINUED IN PHILIPPINES Ex. Ord. No. 9747, July 3, 1946, 11 F.R. 7518, provided: The terms and provisions of Executive Order 9095 of March 11, 1942, as amended [formerly set out as a note under section 6 of the Appendix to Title 50, War and National Defense], and Executive Order No. 8389 of April 10, 1940, as amended [set out above], shall continue in force in the Philippines after July 4, 1946, and all powers and authority delegated by the said Executive Orders to the Alien Property Custodian and to the Secretary of the Treasury, respectively, shall after July 4, 1946, continue to be exercised in the Philippines by the said officers, respectively, as therein provided.

    EXECUTIVE ORDER NO. 10348 Ex. Ord. No. 10348, Apr. 26, 1952, 17 F.R. 3769, which provided that Ex. Ord. No. 8389, Apr. 10, 1940, 5 F.R. 1400, as amended, set out above, and all delegations, designations, regulations, rulings, instructions, and licenses issued under such order, should be continued in force according to their terms for the duration of the period of the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, set out as a note preceding section 1 of the Appendix to Title 50, War and National Defense, was superseded by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, set out as a note under section 6 of the Appendix to Title 50. EXECUTIVE ORDER NO. 11387 Ex. Ord. No. 11387, Jan. 1, 1968, 33 F.R. 47, which prohibited transfers of capital to or within a foreign country or to any national thereof outside the United States by a person subject to the jurisdiction of the United States who owns a 10 percent interest in a foreign business venture, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EX. ORD. NO. 11825. REVOCATION OF EXECUTIVE ORDERS PERTAINING TO REGULATION OF ACQUISITION OF, HOLDING OF, OR OTHER TRANSACTIONS IN GOLD Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003, provided: By virtue of the authority vested in me by section 1 of the Act of August 8, 1950, 64 Stat. 419, and section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a) [this section], and as President of the United States, and in view of the provisions of section 3 of Public Law 93-110, 87 Stat. 352, as amended by section 2 of Public Law 93-373, 88 Stat. 445, [set out as notes under section 442 of former Title 31, Money and Finance], it is ordered as follows: Section 1. Executive Order No. 6260 of August 28, 1933, as amended by Executive Order No. 6359 of October 25, 1933, Executive Order No. 6556 of January 12, 1934, Executive Order No. 6560 of January 15, 1934, Executive Order No. 10896 of November 29, 1960, Executive Order No. 10905 of January 14, 1961, and Executive Order No. 11037 of July 20, 1962; the fifth and sixth paragraphs of Executive Order No. 6073, March 10, 1933 [formerly set out as a note under section 95 of this title]; sections 3 and 4 of Executive Order No. 6359 of October 25, 1933 [formerly set out as a note under section 248 of this title]; and paragraph 2(d) of Executive Order No. 10289 of September 17, 1951 [set out as a note under section 301 of Title 3, The President], are hereby revoked.

    Section 2. The revocation, in whole or in part, of such prior Executive orders relating to regulation on the acquisition of, holding of, or other transactions in gold shall not affect any act completed, or any right accruing or accrued, or any suit or proceeding finished or started in any civil or criminal cause prior to the revocation, but all such liabilities, penalties, and forfeitures under the Executive orders shall continue and may be enforced in the same manner as if the revocation had not been made. This order shall become effective on December 31, 1974. Gerald R. Ford.

    Section Referred To In Other Sections

    This section is referred to in sections 95b, 212, 3409, 3413 of this title; title 22 sections 6004, 6005; title 31 section 5315.

    vlex.com/vid/19224943

    http://www.fourwinds10.com/siterun_data ... 1207579237

  3. #3
    Senior Member
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    www.fourwinds10.com/siterun_data/nesara/news/news.php )is a fairly accurate account of what has happened since 1933. However, he has, like most historians, missed perhaps the most crucial piece of the puzzle, namely the Exemption.

    By analogy, consider that when you go to prison, everything of value is taken from you - your time, your attention, your freedom, your ability to function as a contributing member of society, the option to apply your intellectual or manual skills. Even your property is of no use to you if you cannot benefit from ownership.

    When government does this, it must assume total responsibility for you and pay your way. So, your food, clothing, housing/shelter, medical care, etc are provided because that is the State\'s legal responsibility.

    Likewise, when the UNITED STATES declared bankruptcy, pledged all Americans as collateral against the national debt, and confiscated all gold, eliminating the means by which you could pay, it also assumed legal responsibility for providing a new way for you to pay, and it did that by providing what is known as the Exemption, an exemption from having to pay for anything. In practical terms, though, this meant giving each American something to pay with, and that \"something\" is your credit.

    Your value to society was then and still is calculated using actuarial tables and at birth, bonds equal to this \"average value\" are created. I understand that this is currently between one and two million dollars. These bonds are collateralized by your birth certificate which becomes a negotiable instrument. The bonds are hypothecated, traded until their value is unlimited for all intents and purposes, and all that credit created is technically and rightfully yours. In point of fact, you should be able to go into any store in America and buy anything and everything in sight, telling the clerk to charge it to your Exemption account, which is identified by a nine-digit number that you will recognize as your Social Security number without the dashes. It is your EIN, which stands for Exemption Identification Number.

    However, the clever rascals have done everything in their power to block your access to your own credit by creating the corporate fiction which is a trust identified by your name in all capital letters. It is commonly referred to as your strawman. It is a Debtor, like all corporate entities under the bankruptcy because it is a subset of the bankrupt debtor government. It is not you, but you unknowingly serve as the Trustee for this fiction, manage it for a lifetime, and are legally liable for any and all debts it incurs unless by adminstrative means you lay claim to any and all value it might contain by creating a security agreement between you and it. Once you have done this no other fiction can have any dealings with your fiction without your express permission as a Creditor to and creator of its value. It cannot even be sued without your permission. In fact, no court, government agency, law enforcement agency, attorney, or other corporate entity can transact business of any kind with the strawman without your permission. It is the one thing that every judge has drilled into his head, that the court must have your consent before it can prosecute your strawman, rule, put you in jail (you, the unwitting surety for the strawman which as a fiction cannot be put in jail), because it is not you that they are prosecuting, it is the strawman, and because it is your property, they need your consent for their fiction court or attorney to transact business (under admiralty/commercial UCC law) with your strawman. The person in the black robe sitting in front of a court is a man on the land operating a corporate fiction called a court, which can only do business with another fiction, your strawman. If you have ever looked at a Summons and Complaint, which typically starts a legal proceeding/suit, you will see the identities of the parties involved as Plaintiff and Defendant, are always spelled in ALL CAPITAL LETTERS, because they are fictions.

    Cleverer still, the UNITED STATES contracted with the Federal Reserve to use its private, copyrited scrip, the Federal Reserve note, for all debts both private and public, and that private scrip can only be brought into the PUBLIC, the corporate domain that is the system we currently live in, through a chartered banking institution or a pass-through account, and that pass-through account is your limited liability social security account. Anyone bringing money into the PUBLIC in any other way can be charged with money laundering.

    With that groundwork laid, we come to the greatest scam of all, the use of your credit without your permission or knowledge. In a debt-based system such as the one we use under the national bankruptcy of 1933, all value is created through lending, and what you lend is credit because there is no longer any money. The government took it all away. As previously stated, every living soul in the system has the right and, albeit cleverly hidden, the ability to create credit. Only a living soul whose value to society has been denominated in bonds collateralized by evidence of his physical birth, has access to credit except for fictions such as banks which are chartered by the government, given the franchise to create credit. However, when you sit down with a banker to \"take out a loan\", you sign a promissory note, and on the strength of your signature, the loan, which is really a draw on your own credit, originally created to satisfy a legal requirement to provide you with a means to pay, is created, but you are led to believe that the bank is lending you its assets so that it is entitled to repayment of principle plus interest. Wrong. The bank is using your credit to create the loan and then demanding that you pay back something that belongs to you. This means that all loans are fraudulent because under the terms of the contract, whether it is a mortgage, a line of credit, a credit card account, a car loan. or any other loan, the truth of the matter was not fully divulged, and no contract can stand as legitimate and lawful unless all the terms of the agreement were shared with the \"borrower\". In fact, the bank deposits the promissory note that you sign just as it would a check that you wrote. It flips it over and endorses it, creates a special demand-type account, deposits it, then carries the loan on its books first as an asset and secondly as a liability owed to YOU. Of course, they never tell you this, but it is true. If you are willing to risk having your accounts at the bank shut down, try asking a branch manager exactly what happens to a promissory note.

    But I digress. The fact is, you have unlimited credit, and there is a burgeoning community of Americans who are learning to lawfully access and utilize this credit to settle their commercial affairs. It\'s quite a tussle, because the Powers do not want to cooperate. The government was legally required to provide you with a means to pay anything anytime, but it did not see that it was obligated to show you how to access it, so it has taken many years of patriots working very hard to uncover and develop the means to do just that - use their credit to better their lives and those of their loved ones. It is the ultimate gift in this system, and one that you should be grateful that people are devoting their lives to.

    In summary, in our debt-based system, all value is created by lending in order to discharge, not pay, another debt/obligation. The value behind this lending is credit. For you, this credit was based on your personal worth and was created by bonds collateralized by your birth certiificated and valued according to actuarial tables. This credit, your Exemption, is all yours, authorized under the terms of the bankruptcy and HJR192 to replace the gold confiscated by the government. The government and all its subsets have tried very hard for many decades to keep the fact of this value from you, and structured your interface with the rest of the corporate world so that you have acted as the surety for a Debtor fiction, your strawman. The predictable effect of this has been your personal amnesia, forgetting who you really are, a Creditor, while the government has pillaged your credit for its own uses, leaving you enslaved without even knowit it, this the ultimate deception and fraud.

    wetc@ashlandhome.net

    (Added by Mr. Cantwell)

    Accessing and utilizing your credit lawfully, safely, and wisely requires considerable education in just who you are in relation to the CORPORATION and your strawman. This process takes time. It requires you relearn your role in society. It requires courage and conviction to go against everything you have been told all your life. It requires responsible teachers and well-developed technology. Two teachers head the class at this time, although there are many contributing to this relearning process. They are Winston Shrout (www.winstonshroutsolutionsincommerce.com

    and Dr. Sam Kennedy who can be heard live at www.republicbroadcasting.org every Sunday evening at 9 PM EDT. This is not for the faint at heart; your success will depend less on the technology than on your temperament and you are strongly advised not to do anything until you really understand what you are about to do. Only you can judge your readiness but missteps can be costly and dangerous.

  4. #4
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    Please correct me if I'm wrong here Minnie...
    I believe it was 1933 that the President took ALL GOLD COIN/CRRENCY out of circulation. At this time they Founded the Federal Reserve, and started issueing the now infamous Federal Reserve Note.
    When you mentioned "Their Time is Up"...Who? And What?
    And I would like to ask...Ted Turner has purchased land ALL over Mont., Wyoming, S. Dakota and Neb. Is this land NOT previously OWNED by Foreign Countries and/or Corporations?
    <div>MY eyes HAVE seen the GLORY... And that GLORY BELONGS to US... We the PEOPLE!</div>

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