Page 512 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10215

(c) That this property was:
(i) left behind, owned by, or in the custody of the enemy, an occupied state, an inhabitant
of an occupied state, or a person under the protection of the enemy or occupied state, or who,
immediately prior to the occupation of the place where the act occurred, was under the protection
of the enemy or occupied state; or
(ii) part of the equipment of a seized or captured vessel; or
(iii) owned by, or in the custody of the officers, crew, or passengers on board a seized or
captured vessel.
c. Explanation.
( 1) Failing to secure public property taken from the enemy.
(a) Nature of property. Unlike the remaining offenses under this article, failing to secure
public property taken from the enemy involves only public property. Immediately upon its capture
from the enemy public property becomes the property of the United States. Neither the person who
takes it nor any other person has any private right in this property.
(b) Nature t?{ du(v. Every person subject to military law has an immediate duty to take such
steps as are reasonably within that person's power to secure public property for the service of the
United States and to protect it from destruction or loss.
(2) Failing to report and turn over captured or abandoned property.
(a) Reports. Reports of receipt of captured or abandoned property are to be made directly or
through such channels as are required by current regulations, orders, or the customs of the Service.
(b) Proper authority. "Proper authority" is any authority competent to order disposition of
the property in question.
(3) Dealing in captured or abandoned property. "Disposed of' includes destruction or
abandonment
(4) Looting or pillaghzg. "Looting or pillaging" means unlawfully seizing or appropriating
property which is located in enemy or occupied territory.
(5).h)zemy. For a discussion of"enemy," see subparagraph 27.c.(l)(b).
(6) Firearms or explosive. For purposes of determining the maximum punishment for this
otiense (see subparagraph d.( 1 )(b)), the ten11 "explosive" includes ammunition. See generally
R.C.M. 103(11), (12).
d. Maximum punishment.
( 1) railing to secure pubhc property taken from the enemy; jailing to secure, give notice and
turn over, selling, or otherwise wrongf11lly dealing in or disposing of captured or abandoned
property:
(a) Oja value of$1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances,
and confinement for 6 months.
(b) Of a value of more than $1,000 or any jirearm or explosive. Dishonorable discharge,
f01feiture of all pay and allowances, and confinement for 5 years.
(2) Looting or pillaging. Any punishment, other than death, that a court-martial may direct.
e. Sample specifications.
( 1) Failing to secure public property taken from the enemy.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _,fail to secure for the service of
the United States certain public property taken from the enemy, to wit: _, of a value of (about)
$ (2) Failing to report and turn over captured or abandoned property.
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