Executive Order 10226—Regulations Relating to the Safeguarding of Vessels, Harbors Ports, and Waterfront Facilities in the Canal Zone

By virtue of the authority vested in me by Public Law 679, 81st Congress, 2d Session, approved August 9, 1950, which amended section 1, Title II of the act of June 15, 1917, 40 Stat. 220 (50 U.S.C. 191), and as President of the United States, I hereby find that the security of the United States is endangered by reason of subversive activity, and I hereby prescribe the following regulations relating to the safeguarding against destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of similar nature, of vessels, harbors, ports, and waterfront facilities in the Canal Zone, and all territory and water in the Canal Zone, and the said regulations shall constitute Part 19, Title 35 of the Code of Federal Regulations; and all agencies and authorities of the Government of the United States shall, and all persons are urged to, support, conform to, and assist in the enforcement of these regulations and all supplemental regulations issued pursuant thereto: DEFINITIONS § 19.1 Governor. "Governor" as used in this part, means the Governor of The Panama Canal. § 19.2 Waterfront facility. "Waterfront facility" as used in this part, means all piers, wharves, docks, Canal locks, and similar structures to which vessels may be secured, buildings on such structures or contiguous to them, and equipment and materials on such structures or in such buildings. GENERAL PROVISIONS § 19.5 Enforcement. The rules and regulations in this part shall be enforced by the Governor through such officers, employees, or agencies as he may designate. § 19.10 Preventing access of persons, articles or things to vessels or waterfront facilities. The Governor may prevent any person, article or thing from boarding or being taken on board any vessel or entering or being taken into any waterfront facility when he deems that the presence of such person, article or thing would be inimical to the purposes set forth in § 19.13. § 19.12 Visitation and search. The Governor may cause to be inspected and searched at any time any vessel or waterfront facility or any person, article or thing thereon, within the Canal Zone, may place guards upon any such vessel and waterfront facility and may remove therefrom any or all persons, articles or things not specifically authorized by him to go or to remain thereon. § 19.13 Possession and control of vessels. The Governor may supervise and control the movement of any vessel and shall take full or partial possession or control of any vessel or any part thereof, within the Canal Zone whenever it appears to him that such action is necessary in order to secure such vessel from damage or injury, or to prevent damage or injury to any vessel or waterfront facility or waters of the Canal Zone, or to secure the observance of rights and obligations of the United States. § 19.16 Assistance of other agencies. The Governor may enlist the aid and cooperation of Federal and private agencies to assist in the enforcement of regulations issued pursuant to this part. IDENTIFICATION AND EXCLUSION OF PERSONS FROM VESSELS AND WATERFRONT FACILITIES § 19.20 Access to vessels and waterfront facilities. Any person on board any vessel or any person seeking access to any vessel or any waterfront facility within the Canal Zone may be required to carry identification credentials issued by or otherwise satisfactory to the Governor. The Governor may define and designate those categories of vessels and areas of the waterfront wherein such credentials are required. § 19.22 Identification credentials. The identification credential to be used by the Governor shall be known as the Canal Zone Port Security Card, and the form of such credential, and the conditions and the manner of its issuance shall be as prescribed by the Governor. The Governor shall not issue a Canal Zone Port Security Card if he is satisfied that the character and habits of life of the applicant therefor are such as to authorize the belief that the presence of such individual on board a vessel or within a waterfront facility would be inimical to the security of the United States. The Governor shall revoke and require the surrender of a Canal Zone Port Security Card when he is no longer satisfied that the holder is entitled thereto. The Governor may recognize for the same purpose such other credentials as he may designate in lieu of the Canal Zone Port Security Card. § 19.24 Appeals. Persons who are refused employment or who are refused the issuance of documents or who are required to surrender such documents, under this part, shall have the right of appeal, and the Governor shall appoint a Board for acting on such appeals. Such Board shall, so far as practicable, include one member drawn from management, and one member drawn from labor. The Board shall consider each appeal brought before it and, in recommending final action to the Governor, shall insure the appellant all fairness consistent with the safeguarding of the national security. SUPERVISION AND CONTROL OF EXPLOSIVES OR OTHER DANGEROUS CARGO § 19.26 General supervision and control. The Governor may supervise and control the transportation, handling, loading, discharging, stowage, or storage of explosives, inflammable or combustible liquids in bulk, or other dangerous articles or cargo covered by the regulations entitled "Regulations for the Transportation of Hazardous Cargoes in Canal Zone Waters" (35 CFR sections 4.106-4.127). § 19.28 Approval of facility for dangerous cargo. The Governor may designate waterfront facilities for the handling and storage of, and for vessel loading and discharging, explosives inflammable or combustible liquids in bulk, or other dangerous articles or cargo covered by the regulations referred to in § 19.26, and may require the owners, operators, masters, and others concerned to secure permits for handling, storage, loading, and unloading from the Governor, conditioned upon the fulfillment of such requirements for the safeguarding of such waterfront facilities and vessels as the Governor may prescribe. SABOTAGE AND SUBVERSIVE ACTIVITY § 19.32 Reporting of sabotage and subversive activity. Evidence of sabotage or subversive activity involving or endangering any vessel, harbor, port, or waterfront facility shall be reported immediately to the Governor or his representatives. § 10.34 Precautions against sabotage. The master, owner, agent, or operator of a vessel or waterfront facility shall take all necessary precautions to protect the vessel, waterfront facility, and cargo from sabotage. PENALTIES § 1936 Violations. Section 2, Title II of the act of June 15, 1917, as amended, 50 U.S.C. 192, provides as follows: If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000. (a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, he shall be punished by imprisonment for not more than 5en years and may, at the discretion of the court, be fined not more than $10,000. HARRY S. TRUMAN THE WHITE HOUSE, March 23, 1951