FOREIGN-TRADE ZONES BOARD
ORDER NO. 4 (Amended)
An Order Relative to the Handling of Gold in Foreign-Trade Zones
Pursuant to the action of the Foreign-Trade Zones Board, the following Amended Order has been
adopted and is promulgated for the information and guidance of all concernded:
Whereas, the Foreign-Trade Zones Board's Order No. 4 dated October 21, 1937 (15 CFR, sec.
400.803A), imposed restrictions relative to the handling of gold and silver in foreign-trade
zones;
And whereas, the Secretary of the Treasury, on April 28, 1938, eliminated the restrictions
imposed on the importation and exportation of silver under Treasury Department Orders of June 28,
1934 and May 20, 1935 relating to silver, and the Silver Regulations of August 17, 1934, as
amended;
And whereas, the Foreign-Trade Zones Board has authorized that its Order No. 4 be amended to
conform with the Order of the Secretary of the Treasury, dated April 28, 1938, relieving the
restrictions on silver;
Now, Therefore, Be It Ordered, That the said Order No. 4 of the Foreign-Trade Zones Board is
hereby amended to read as follows:
Whereas, section 15(C) of the Act of June 18, 1934 (USC, title 19, sec. 81o(c)), relating to
foreign-trade zones provides as follows:
"The Board may at any time order the exclusion from the zone of any goods or process of treatment
that in its judgment is detrimental to the public interest, health or safety."
And whereas, paragraph 803 (15 CFR sec. 400.803) of the Regulations of the Foreign-Trade Zones
Board provides as follows:
"When it shall be reported to the Board that any goods or process of treatment is detrimental to
the public interest, health or safetym the Board shall cause such investigation to be made as it
may deem necessary. The Board may order the exclusion from the zone of any goods or process of
treatment that in its judgment is detrimental to the public interest, health or safety."
And whereas, the Board finds that in its judgment the melting, smelting, or refining or other
treatment by heating or by a chemical or electrical process of gold in any form within a
foreign-trade zone within the continental United States, and the admission into any such zone of
gold, with the exceptions hereinafter enumerated, are detrimental to the public interest;
Now, therefore, Be It Ordered, That gold in any form may not be melted, smelted, or refined or
otherwise treated by heating or by a chemical or electrical process within any foreign-trade
zone within the continental United States; and further that gold is hereby excluded from
admission into any such zone, except that "fabricated gold", as defined in section 4 of the
Provisional Regulations issued under the Gold Reserve Act of 1934, may be admitted into and
held n such form within any such zone.
Attention is directed to the fact that gold may be exported from the continental United States
only as provided in the Provisional Regulations issued under the Gold Reserve Act of 1934
(see section 16 regarding the exportation of "fabricated gold").
Harry L. Hopkins
Secretary of Commerce,
Chairman, Foreign-Trade Zones Board
February 6, 1939