US (United States) Code. Title 22. Chapter 9: Foreign wars, war materials and neutrality

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND

NEUTRALITY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

-HEAD-

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

-MISC1-

SUBCHAPTER I - WAR MATERIALS

Sec.

401. Illegal exportation of war materials.

(a) Seizure and forfeiture of materials and

carriers.

(b) Applicability of laws relating to seizure,

forfeiture, and condemnation.

(c) Disposition of forfeited materials.

402 to 405. Repealed.

406. Interference with foreign trade.

407. Repealed.

408. Use of land and naval forces to prevent exportation.

408a. "United States" defined.

409 to 420. Repealed or Omitted.

421. Contracts by Government agencies for defense articles,

services, etc., for foreign governments in interests

of United States.

422. Retention for United States of defense articles

procured for foreign governments.

423. Omitted.

SUBCHAPTER II - NEUTRALITY

441. Proclamation of state of war between foreign states.

(a) Issuance of proclamation.

(b) Revocation of proclamation.

442, 443. Repealed.

444. American Red Cross vessels.

(a) Transport of officers, American Red Cross

personnel, medical personnel, medical

supplies, food and clothing.

(b) Transport of refugee children.

445. Travel on vessels of belligerent states.

(a) Proscription by Presidential proclamation.

(b) Revocation of proclamation; effect.

446. Repealed.

447. Financial transactions.

(a) Bonds, securities, or other obligations.

(b) Renewal or adjustment of indebtedness.

(c) Fine and imprisonment.

(d) Revocation of proclamation.

(e) Wartime.

448. Solicitation and collection of funds and

contributions.

(a) Unlawful acts.

(b) Medical aid, food, and clothing.

(c) Revocation of proclamation.

449. American republics.

450. Restrictions on use of American ports.

(a) Bond to insure non-delivery of men, ammunition,

fuel, etc.

(b) Departure prohibited.

(c) Alien seaman; bond.

451. Submarines and armed merchant vessels.

452. Repealed.

453. Regulations.

454. Unlawful use of the American flag by vessel of foreign

state.

455. General penalty provision.

456. Definitions.

457. Appropriations.

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

461. Enforcement by courts; employment of land or naval

forces.

462. Compelling foreign vessels to depart.

463. Bonds from armed vessels on clearing.

464. Detention by collectors of customs.

465. Detention of vessels.

PROCLAMATIONS RESPECTING WAR AND NEUTRALITY

See notes preceding section 1 of Title 50, Appendix, War and

National Defense.

-End-

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22 USC SUBCHAPTER I - WAR MATERIALS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

SUBCHAPTER I - WAR MATERIALS

-End-

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22 USC Sec. 401 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 401. Illegal exportation of war materials

-STATUTE-

(a) Seizure and forfeiture of materials and carriers

Whenever an attempt is made to export or ship from or take out of

the United States any arms or munitions of war or other articles in

violation of law, or whenever it is known or there shall be

probable cause to believe that any arms or munitions of war or

other articles are intended to be or are being or have been

exported or removed from the United States in violation of law, the

Secretary of the Treasury, or any person duly authorized for the

purpose by the President, may seize and detain such arms or

munitions of war or other articles and may seize and detain any

vessel, vehicle, or aircraft containing the same or which has been

or is being used in exporting or attempting to export such arms or

munitions of war or other articles. The Secretary of Commerce may

seize and detain any commodity (other than arms or munitions of

war) or technology which is intended to be or is being exported in

violation of laws governing such exports and may seize and detain

any vessel, vehicle, or aircraft containing the same or which has

been used or is being used in exporting or attempting to export

such articles. All arms or munitions of war and other articles,

vessels, vehicles, and aircraft seized pursuant to this subsection

shall be forfeited.

(b) Applicability of laws relating to seizure, forfeiture, and

condemnation

All provisions of law relating to seizure, summary and judicial

forfeiture and condemnation for violation of the customs laws, the

disposition of the property forfeited or condemned or the proceeds

from the sale thereof; the remission or mitigation of such

forfeitures; and the compromise of claims and the award of

compensation to informers in respect of such forfeitures shall

apply to seizures and forfeitures incurred, or alleged to have been

incurred, under the provisions of this section, insofar as

applicable and not inconsistent with the provisions hereof.

However, with respect to seizures and forfeitures of property under

this section by the Secretary of Commerce, such duties as are

imposed upon the customs officer or any other person with respect

to the seizure and forfeiture of property under the customs law may

be performed by such officers as are designated by the Secretary of

Commerce or, upon the request of the Secretary of Commerce, by any

other agency that has authority to manage and dispose of seized

property. Awards of compensation to informers under this section

may be paid only out of funds specifically appropriated therefor.

(c) Disposition of forfeited materials

Arms and munitions of war forfeited under subsection (b) of this

section shall be delivered to the Secretary of Defense for such use

or disposition as he may deem in the public interest, or, in the

event that the Secretary of Defense refuses to accept such arms and

munitions of war, they shall be sold or otherwise disposed of as

prescribed under existing law in the case of forfeitures for

violation of the customs laws.

-SOURCE-

(June 15, 1917, ch. 30, title VI, Sec. 1, 40 Stat. 223; June 17,

1930, ch. 497, title IV, Sec. 523, 46 Stat. 740; Aug. 13, 1953, ch.

434, Sec. 1, 67 Stat. 577; Pub. L. 105-119, title II, Sec. 211(a),

Nov. 26, 1997, 111 Stat. 2487.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsecs. (b) and (c), are

classified generally to Title 19, Customs Duties.

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-119, which directed the amendment

of section 401 of title 22, United States Code, by inserting "The

Secretary of Commerce may seize and detain any commodity (other

than arms or munitions of war) or technology which is intended to

be or is being exported in violation of laws governing such exports

and may seize and detain any vessel, vehicle, or aircraft

containing the same or which has been used or is being used in

exporting or attempting to export such articles." after first

sentence in subsec. (a), was executed by making the insertion in

section 1(a) of act June 15, 1917, ch. 30, which is classified to

this section, to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 105-119, which directed the amendment of

section 401 of title 22, United States Code, by inserting "However,

with respect to seizures and forfeitures of property under this

section by the Secretary of Commerce, such duties as are imposed

upon the customs officer or any other person with respect to the

seizure and forfeiture of property under the customs law may be

performed by such officers as are designated by the Secretary of

Commerce or, upon the request of the Secretary of Commerce, by any

other agency that has authority to manage and dispose of seized

property." after "and not inconsistent with the provisions hereof."

in subsec. (b), was executed by making the insertion in section

1(b) of act June 15, 1917, ch. 30, which is classified to this

section, to reflect the probable intent of Congress.

1953 - Act Aug. 13, 1953, provided not only seizure and

forfeiture of articles or merchandise which are being, or are

intended to be illegally exported, and the vehicle, vessel, or

aircraft in which exportation is intended to accomplish, but also

for the seizure and forfeiture of articles or merchandise actually

illegally exported out, the carrier used to effectuate the

exportation, provided for applicability of laws relating to

seizure, summary and judicial forfeiture and condemnation, and

provided for the disposition of seized materials.

1930 - Act June 17, 1930, substituted "comptrollers of customs"

for "Naval officers of customs".

-EXEC-

EX. ORD. NO. 10863. AUTHORIZATION OF ATTORNEY GENERAL TO SEIZE ARMS

AND MUNITIONS OF WAR, AND OTHER ARTICLES

Ex. Ord. No. 10863, Feb. 18, 1960, 25 F.R. 1507, provided:

By virtue of the authority vested in me by section 1 of Title VI

of the act of June 15, 1917, 40 Stat. 223, as amended by section 1

of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), it is

ordered as follows:

Section 1. The Attorney General is hereby designated under

section 1 of Title VI of the act of June 15, 1917, as amended by

section 1 of the act of August 13, 1953 [this section], as a person

duly authorized to seize and detain arms or munitions of war or

other articles, and to seize and detain any vessel, vehicle, or

aircraft containing such items or which has been, or is being, used

in exporting or attempting to export such arms or munitions of war

or other articles, whenever an attempt is made to export or ship

from or take out of the United States such arms or munitions of war

or other articles in violation of law, or whenever it is known, or

there is probable cause to believe, that such arms or munitions of

war or other articles are intended to be, or are being or have

been, exported or removed from the United States in violation of

law.

Sec. 2. The authority conferred upon the Attorney General by

section 1 of this order may be exercised by any officer of the

Department of Justice designated for such purpose by the Attorney

General.

Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 408, 408a of this title;

title 18 section 983; title 50 App. section 2410.

-End-

-CITE-

22 USC Secs. 402 to 405 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Secs. 402 to 405. Repealed. Aug. 13, 1953, ch. 434, Sec. 2, 67

Stat. 577

-MISC1-

Section 402, act June 15, 1917, ch. 30, title VI, Sec. 2, 40

Stat. 224, related to issuance of warrant for detention of seized

property.

Section 403, act June 15, 1917, ch. 30, title VI, Sec. 3, 40

Stat. 224, related to filing petition for restoration of seized

property.

Section 404, acts June 15, 1917, ch. 30, title VI, Sec. 4, 40

Stat. 224; Mar. 1, 1929, ch. 420, 45 Stat. 1423, related to

institution of libel proceedings and sale of seized property.

Section 405, act June 15, 1917, ch. 30, title VI, Sec. 5, 40

Stat. 224, related to method of trial and bond for redelivery.

For subject matter of sections 402 to 405 of this title, see

section 401 of this title.

-End-

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22 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 406. Interference with foreign trade

-STATUTE-

Except in those cases in which the exportation of arms and

munitions of war or other articles is forbidden by proclamation or

otherwise by the President, as provided in section 401 of this

title, nothing herein contained shall be construed to extend to, or

interfere with any trade in such commodities, conducted with any

foreign port or place wheresoever, or with any other trade which

might have been lawfully carried on before June 15, 1917, under the

law of nations, or under the treaties or conventions entered into

by the United States, or under the laws thereof.

-SOURCE-

(June 15, 1917, ch. 30, title VI, Sec. 6, 40 Stat. 225.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 15, 1917, ch. 30,

title VI, 40 Stat. 223, as amended, which enacted sections 31 to

39, 98, 130 to 133, 288, 343 to 346, 381, 502, 535, 536, 574, and

611 to 633 of former Title 18, Criminal Code and Criminal

Procedure, sections 213, 231 to 233, 235, 401 to 408a, 462, and 465

of this title, and sections 30 to 42, 191, and 192 to 195 of Title

50, War and National Defense, and amended sections 25, 27, and 349

of former Title 18. For complete classification of this Act to the

Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 408, 408a of this title.

-End-

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22 USC Sec. 407 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 407. Repealed. Aug. 13, 1953, ch. 434, Sec. 2, 67 Stat. 577

-MISC1-

Section, act June 15, 1917, ch. 30, title VI, Sec. 7, 40 Stat.

225, related to President's discretion to release seized property.

See section 401 of this title.

-End-

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22 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 408. Use of land and naval forces to prevent exportation

-STATUTE-

The President may employ such part of the land or naval forces of

the United States as he may deem necessary to carry out the

purposes of sections 401 to 408 of this title.

-SOURCE-

(June 15, 1917, ch. 30, title VI, Sec. 8, 40 Stat. 225.)

-MISC1-

AIR FORCE

For transfer of certain functions insofar as they pertain to the

Air Force, and to the extent that they were not previously

transferred to the Secretary of the Air Force from the Secretary of

the Army, see Secretary of Defense Transfer Order No. 40 [App.

A(1)], July 22, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 408a of this title.

-End-

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22 USC Sec. 408a 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 408a. "United States" defined

-STATUTE-

The term "United States" as used in this Act includes the Canal

Zone and all territory and waters, continental or insular, subject

to the jurisdiction of the United States.

-SOURCE-

(June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act June 15, 1917, ch. 30,

40 Stat. 217, as amended, which enacted sections 31 to 39, 98, 130

to 133, 288, 343 to 346, 381, 502, 535, 536, 574, and 611 to 633 of

former Title 18, Criminal Code and Criminal Procedure, sections

213, 231 to 233, 235, 401 to 408a, 462, and 465 of this title, and

sections 30 to 42, 191, and 192 to 195 of Title 50, War and

National Defense, and amended sections 25, 27, and 349 of former

Title 18. For complete classification of this Act to the Code, see

Tables.

For definition of Canal Zone, referred to in text, see section

3602(b) of this title.

-End-

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22 USC Secs. 409, 410 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Secs. 409, 410. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.

862, eff. Sept. 1, 1948

-MISC1-

Section 409, act Jan. 31, 1922, ch. 44, Sec. 1, 42 Stat. 361,

related to prohibition against exportation of arms to American

countries or countries under American jurisdiction in a state of

domestic violence. See section 1934 of this title.

Section 410, act Jan. 31, 1922, ch. 44, Sec. 2, 42 Stat. 361,

related to penalties. See section 1934 of this title.

-End-

-CITE-

22 USC Secs. 411 to 419 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Secs. 411 to 419. Omitted

-COD-

CODIFICATION

Sections 411, 412, and 413 to 419, popularly known as the

Lend-Lease Act, terminated not later than June 30, 1946, pursuant

to section 412 of this title.

Section 411, act Mar. 11, 1941, ch. 11, Sec. 2, 55 Stat. 31,

defined "defense article" and "defense information" for purpose of

lease, loan, etc., of war materials in interest of United States

defense.

Section 412, acts Mar. 11, 1941, ch. 11, Sec. 3, 55 Stat. 31;

Mar. 11, 1943, ch. 15, 57 Stat. 20; May 17, 1944, ch. 198, Secs. 1,

2, 58 Stat. 222, 223; Apr. 16, 1945, ch. 61, Secs. 1, 2, 59 Stat.

52, provided for procurement for and transfer of defense articles

to other countries, repairs, limitation on amount, termination of

powers after June 30, 1946, or after passage of concurrent

resolution by both Houses before June 30, 1946, whichever is the

earlier, naval convoys, and combat area navigation.

Section 412a, act Mar. 18, 1943, ch. 17, title I, Sec. 1, 57

Stat. 25, prohibited disposition of merchant vessels under sections

411 to 419 of this title except by lease for duration of war.

Section 413, act Mar. 11, 1941, ch. 11, Sec. 4, 55 Stat. 32,

provided for contract restrictions against disposal of transferred

articles by transferee governments.

Section 414, act Mar. 11, 1941, ch. 11, Sec. 5, 55 Stat. 32,

provided for information regarding articles exported and reports to

Congress. Section 5(b) of act Mar. 11, 1941, ch. 11, 55 Stat. 32,

formerly classified to section 414(b) of this title, provided for

reports with respect to operations under the Lend-Lease Act, and

was repealed by Pub. L. 89-348, Sec. 1(19), Nov. 8, 1965, 79 Stat.

1311.

Section 415, acts Mar. 11, 1941, ch. 11, Sec. 6, 55 Stat. 33;

Mar. 11, 1943, ch. 15, 57 Stat. 20; May 17, 1944, ch. 198, Sec. 1,

58 Stat. 222; Apr. 16, 1945, ch. 61, Sec. 1, 59 Stat. 52; July 25,

1947, ch. 327, Sec. 1, 61 Stat. 449, authorized appropriations.

Section 416, act Mar. 11, 1941, ch. 11, Sec. 7, 55 Stat. 33,

provided for protection of patent rights.

Section 417, act Mar. 11, 1941, ch. 11, Sec. 8, 55 Stat. 33,

provided for acquisition of war materials from foreign governments.

Section 418, act Mar. 11, 1941, ch. 11, Sec. 9, 55 Stat. 33,

authorized executive promulgation of rules and regulations and

delegation of powers.

Section 419, act Mar. 11, 1941, ch. 11, Sec. 10, 55 Stat. 33,

related to effect of act Mar. 11, 1941 on existing laws relating to

use of land and naval forces.

-MISC1-

ADDITIONAL DEFENSE AID TO OTHER COUNTRIES; LEASE OF CERTAIN SHIPS,

BARGES, ETC.

Acts Feb. 7, 1942, ch. 46, title III, Sec. 301, 56 Stat. 82; Oct.

26, 1942, ch. 629, title I, Sec. 103, 56 Stat. 994; Feb. 19, 1943,

ch. 1, Sec. 4, 57 Stat. 4, June 26, 1943, ch. 147, Sec. 118, 57

Stat. 217; June 22, 1944, ch. 269, Sec. 121, 58 Stat. 322; May 29,

1945, ch. 130, Sec. 119, 59 Stat. 222, provided for additional

defense aid to countries deemed vital to the defense of the United

States and for the lease of ships for periods not extending beyond

the termination of the national emergency.

LIMITATION ON APPROPRIATIONS

Act Apr. 28, 1942, ch. 247, title II, Sec. 201, 56 Stat. 233,

provided that limitation of $2,500,000,000 shall apply to all

appropriations made to the Navy Department since Mar. 11, 1941.

REDUCTION IN VALUE OF DEFENSE ARTICLES

The value of defense articles was reduced to $800,000,000 by act

Dec. 17, 1941, ch. 591, title I, Sec. 102, 55 Stat. 813, and as

thus limited was made inapplicable to the War Department after Dec.

17, 1941.

-CROSS-

DEFINITIONS

Act Mar. 5, 1942, ch. 141, title III, Sec. 303, 56 Stat. 131,

provided that the term "defense article" shall be deemed to include

defense information and services, and the expenses in connection

with the procurement or supplying of defense articles, information,

and services.

-End-

-CITE-

22 USC Sec. 420 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 420. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-

Section, acts May 2, 1941, ch. 84, Sec. 5, 55 Stat. 150; June 16,

1942, ch. 416, 56 Stat. 370, related to application of sections

1119a and 1119b of former Title 46, Shipping, to functions of the

Maritime Commission under sections 411, 412 and 413 to 419 of this

title.

-End-

-CITE-

22 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 421. Contracts by Government agencies for defense articles,

services, etc., for foreign governments in interests of United

States

-STATUTE-

The President may, from time to time, when he deems it in the

interest of national defense, authorize the head of any department

or agency of the Government, to enter into contracts for the

procurement of defense articles, information, or services for the

government of any country whose defense the President deems vital

to the defense of the United States, to the extent that such

government agrees to pay the United States for such defense

articles, information, or services prior to the receipt thereof and

to make such payments from time to time as the President may

require to protect the interests of the United States; and, upon

payment of the full cost, the President may dispose of such

articles, information, or services to such government: Provided,

That the total amount of the outstanding contracts under this

section, less the amounts which have been paid to the United States

under such contracts, shall at no time exceed $600,000,000.

-SOURCE-

(Oct. 28, 1941, ch. 460, title I, Sec. 102, 55 Stat. 746.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422 of this title.

-End-

-CITE-

22 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 422. Retention for United States of defense articles procured

for foreign governments

-STATUTE-

Any defense article procured pursuant to section 421 of this

title shall be retained by or transferred to and for the use of

such department or agency of the United States as the President may

determine, in lieu of being disposed of to a foreign government,

whenever in the judgment of the President the defense of the United

States will be best served thereby.

-SOURCE-

(Oct. 28, 1941, ch. 460, title I, Sec. 103, 55 Stat. 747.)

-End-

-CITE-

22 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER I - WAR MATERIALS

-HEAD-

Sec. 423. Omitted

-COD-

CODIFICATION

Section, act June 14, 1943, ch. 122, Sec. 2, 57 Stat. 152,

related to retention for defense of United States of certain

articles, information or service procured for foreign governments

from funds appropriated by act June 14, 1943 or prior acts

appropriating funds to the President for such purposes.

-End-

-CITE-

22 USC SUBCHAPTER II - NEUTRALITY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

SUBCHAPTER II - NEUTRALITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 613, 2393 of this

title; title 46 App. section 1242a.

-End-

-CITE-

22 USC Sec. 441 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 441. Proclamation of state of war between foreign states

-STATUTE-

(a) Issuance of proclamation

Whenever the President, or the Congress by concurrent resolution,

shall find that there exists a state of war between foreign states,

and that it is necessary to promote the security or preserve the

peace of the United States or to protect the lives of citizens of

the United States, the President shall issue a proclamation naming

the states involved; and he shall, from time to time, by

proclamation, name other states as and when they may become

involved in the war.

(b) Revocation of proclamation

Whenever the state of war which shall have caused the President

to issue any proclamation under the authority of this section shall

have ceased to exist with respect to any state named in such

proclamation, he shall revoke such proclamation with respect to

such state.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 1, 54 Stat. 4.)

-MISC1-

SHORT TITLE

Section 20 of Joint Res. Nov. 4, 1939, provided that: "This joint

resolution [enacting this subchapter] may be cited as the

'Neutrality Act of 1939'."

REPEALS

Section 19 of Joint Res. Nov. 4, 1939, provided that: "The joint

resolution of August 31, 1935, as amended [sections 245a to 245i of

this title], and the joint resolution of January 8, 1937 [ch. 1, 50

Stat. 3], are hereby repealed; but offenses committed and

penalties, forfeitures, or liabilities incurred under either of

such joint resolutions prior to the date of enactment of this joint

resolution [this subchapter] may be prosecuted and punished, and

suits and proceedings for violations of either of such joint

resolutions or of any rule or regulation issued pursuant thereto

may be commenced and prosecuted, in the same manner and with the

same effect as if such joint resolutions had not been repealed."

Neutrality Act of 1939 not to be deemed repealed or modified in

any manner by Joint Res. May 7, 1940, ch. 185, 54 Stat. 179,

according to section 3 thereof, which resolution amended section

5(b) of the Trading With the Enemy Act, see sections 95a of Title

12, Banks and Banking, and 5(b) of Title 50, Appendix, War and

National Defense, which resolution approved and confirmed Ex. Ord.

No. 8389, amending Ex. Ord. No. 6560, set out in note under section

95a of said Title 12, and regulations and general rulings issued by

Secretary of Treasury under Ex. Ord. No. 8389.

SEPARABILITY

Section 17 of Joint Res. Nov. 4, 1939, provided that: "If any of

the provisions of this joint resolution [this subchapter], or the

application thereof to any person or circumstance, is held invalid,

the remainder of the joint resolution, and the application of such

provision to other persons or circumstances, shall not be affected

thereby."

PURPOSE OF AND RIGHTS RESERVED UNDER SUBCHAPTER

The purpose of Joint Res. Nov. 4, 1939, was expressed in the

first three paragraphs of the act as follows:

"Whereas the United States, desiring to preserve its neutrality

in wars between foreign states and desiring also to avoid

involvement therein, voluntarily imposes upon its nationals by

domestic legislation the restrictions set out in this joint

resolution [this subchapter]; and

"Whereas by so doing the United States waives none of its own

rights or privileges, or those of any of its nationals, under

international law, and expressly reserves all the rights and

privileges to which it and its nationals are entitled under the law

of nations; and

"Whereas the United States hereby expressly reserves the right to

repeal, change or modify this [this subchapter] or any other

domestic legislation in the interests of the peace, security or

welfare of the United States and its people."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 444, 445, 447, 448, 450

of this title.

-End-

-CITE-

22 USC Secs. 442, 443 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Secs. 442, 443. Repealed. Nov. 17, 1941, ch. 473, Sec. 1, 55 Stat.

764

-MISC1-

Section 442, Joint Res. Nov. 4, 1939, ch. 2, Sec. 2, 54 Stat. 4,

related to commerce with states engaged in armed conflict.

Section 443, Joint Res. Nov. 4, 1939, ch. 2, Sec. 3, 54 Stat. 7,

related to combat areas.

DEFINITION OF COMBAT AREAS

Proc. No. 2376, Nov. 4, 1939, 3 p.m., 4 F.R. 4495, 54 Stat. 2673;

Proc. No. 2394, Apr. 10, 1940, 5 F.R. 1400, 54 Stat. 2693; Proc.

No. 2410, June 11, 1940, 5:20 p.m. E.S.T., 5 F.R. 2209, 54 Stat.

2708, as modified by Proc. No. 2474, Apr. 10, 1941, 6 F.R. 1905, 55

Stat. 1628, defined various combat areas.

-End-

-CITE-

22 USC Sec. 444 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 444. American Red Cross vessels

-STATUTE-

(a) Transport of officers, American Red Cross personnel, medical

personnel, medical supplies, food and clothing

The provisions of section 442(a) (!1) of this title shall not

prohibit the transportation by vessels, unarmed and not under

convoy, under charter or other direction and control of the

American Red Cross of officers and American Red Cross personnel,

medical personnel, and medical supplies, food, and clothing, for

the relief of human suffering: Provided, That where permission has

not been given by the blockading power, no American Red Cross

vessel shall enter a port where a blockade by aircraft, surface

vessel, or submarine is being attempted through the destruction of

vessels, or into a port of any country where such blockade of the

whole country is being so attempted: Provided further, That such

American Red Cross vessel shall be on a mission of mercy only and

carrying only Red Cross materials and personnel.

(b) Transport of refugee children

The provisions of sections 442(a) and 443 (!1) of this title

shall not prohibit a vessel, in ballast, unarmed, and not under

convoy, and transporting refugee children, under sixteen years of

age, from war zones, or combat areas, and shall not prohibit such

vessel entering into such war zones or combat areas for this

purpose, together with such necessary American citizen adult

personnel in charge as may be approved by the Secretary of State,

subject to the provisions of the immigration laws, if such vessel

is proceeding under safe conduct granted by all of the States named

in the proclamations issued under the authority of section 441(a)

of this title, and if such vessel has painted on a large scale

prominently, distinctly, and unmistakably on each side thereof and

upon the superstructure thereof plainly visible from the air an

American flag and a statement to the effect that such vessel is a

refugee-child rescue ship of the United States or under United

States registry: Provided, That every such child so brought into

the United States shall, previous to departure from the port of

embarkation, have been so sponsored by some responsible American

person, natural or corporate, that he will not become a public

charge.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 4, 54 Stat. 7; June 26, 1940, ch. 431,

54 Stat. 611; Aug. 27, 1940, ch. 695, 54 Stat. 866.)

-REFTEXT-

REFERENCES IN TEXT

Sections 442(a) and 443 of this title, referred to in subsecs.

(a) and (b), were repealed by act Nov. 17, 1941, ch. 473, Sec. 1,

55 Stat. 764.

The immigration laws, referred to in subsec. (b), are classified

generally to Title 8, Aliens and Nationality. See also section

1101(a)(17) of Title 8.

-MISC1-

AMENDMENTS

1940 - Act June 26, 1940, inserted "unarmed and not under

convoy", inserted two proviso clauses and struck out "proceeding

under safe conduct granted by states named in any proclamation

issued under the authority of section 441(a) of this title" after

"control of the American Red Cross".

Act Aug. 27, 1940, designated existing provisions as subsec. (a)

and added subsec. (b).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 445 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 445. Travel on vessels of belligerent states

-STATUTE-

(a) Proscription by Presidential proclamation

Whenever the President shall have issued a proclamation under the

authority of section 441(a) of this title it shall thereafter be

unlawful for any citizen of the United States to travel on any

vessel of any state named in such proclamation, except in

accordance with such rules and regulations as may be prescribed.

(b) Revocation of proclamation; effect

Whenever any proclamation issued under the authority of section

441(a) of this title shall have been revoked with respect to any

state the provisions of this section shall thereupon cease to apply

with respect to such state, except as to offenses committed prior

to such revocation.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 5, 54 Stat. 7.)

-End-

-CITE-

22 USC Sec. 446 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 446. Repealed. Nov. 17, 1941, ch. 473, Sec. 2, 55 Stat. 764

-MISC1-

Section, Joint Res. Nov. 4, 1939, ch. 2, Sec. 6, 54 Stat. 7,

prohibited arming of American merchant vessels. Joint Res. Nov. 17,

1941, Sec. 2, which repealed this section, was itself repealed,

effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, Sec.

2(a), 61 Stat. 451, which provided that it should remain in full

force and effect until such date.

-End-

-CITE-

22 USC Sec. 447 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 447. Financial transactions

-STATUTE-

(a) Bonds, securities, or other obligations

Whenever the President shall have issued a proclamation under the

authority of section 441(a) of this title, it shall thereafter be

unlawful for any person within the United States to purchase, sell,

or exchange bonds, securities, or other obligations of the

government of any state named in such proclamation, or of any

political subdivision of any such state, or of any person acting

for or on behalf of the government of any such state, or political

subdivision thereof, issued after the date of such proclamation, or

to make any loan or extend any credit (other than necessary credits

accruing in connection with the transmission of telegraph, cable,

wireless and telephone services) to any such government, political

subdivision, or person. The provisions of this subsection shall

also apply to the sale by any person within the United States to

any person in a state named in any such proclamation of any

articles or materials listed in a proclamation referred to in or

issued under the authority of section 452(i) (!1) of this title.

(b) Renewal or adjustment of indebtedness

The provisions of this section shall not apply to a renewal or

adjustment of such indebtedness as may exist on the date of such

proclamation.

(c) Fine and imprisonment

Whoever shall knowingly violate any of the provisions of this

section or of any regulations issued thereunder shall, upon

conviction thereof, be fined not more than $50,000 or imprisoned

for not more than five years, or both. Should the violation be by a

corporation, organization, or association, each officer or director

thereof participating in the violation shall be liable to the

penalty herein prescribed.

(d) Revocation of proclamation

Whenever any proclamation issued under the authority of section

441(a) of this title shall have been revoked with respect to any

state the provisions of this section shall thereupon cease to apply

with respect to such state, except as to offenses committed prior

to such revocation.

(e) Wartime

This section shall not be operative when the United States is at

war.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 7, 54 Stat. 8; Feb. 21, 1942, ch. 104,

56 Stat. 95.)

-REFTEXT-

REFERENCES IN TEXT

Section 452(i) of this title, referred to in subsec. (a), was

repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(12),

68 Stat. 861. See former section 1934(a) and section 2778(a) of

this title.

-MISC1-

AMENDMENTS

1942 - Subsec. (e). Joint Res. Feb. 21, 1942, added subsec. (e).

OPERATION OF SECTION POSTPONED UNTIL JULY 1, 1953

Joint Res. July 3, 1952, ch. 570, Sec. 1(b)(7), 66 Stat. 333, as

amended by Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18,

provided that this section which is normally operative in time of

peace shall not be operative by reason of the termination of a

state of war on Apr. 28, 1952, but rather (in addition to being

inoperative, in accordance with their terms, in time of war) shall

continue to be inoperative until 6 months after the termination of

the national emergency proclaimed by the President on Dec. 16,

1950, 1950 Proc. 2914, 15 F.R. 9029, set out as a note preceding

section 1 of Title 50, Appendix, War and National Defense, or until

such earlier date or dates as the Congress may provide, but in no

event beyond Apr. 1, 1953.

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr.

14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28,

1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66

Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which

continued provisions until July 3, 1952. This repeal shall take

effect as of June 16, 1952, by section 7 of Joint Res. July 3,

1952.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 448 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 448. Solicitation and collection of funds and contributions

-STATUTE-

(a) Unlawful acts

Whenever the President shall have issued a proclamation under the

authority of section 441(a) of this title, it shall thereafter be

unlawful for any person within the United States to solicit or

receive any contribution for or on behalf of the government of any

state named in such proclamation or for or on behalf of any agent

or instrumentality of any such state.

(b) Medical aid, food, and clothing

Nothing in this section shall be construed to prohibit the

solicitation or collection of funds and contributions to be used

for medical aid and assistance, or for food and clothing to relieve

human suffering, when such solicitation or collection of funds and

contributions is made on behalf of and for use by any person or

organization which is not acting for or on behalf of any such

government, but all such solicitations and collections of funds and

contributions shall be in accordance with and subject to such rules

and regulations as may be prescribed.

(c) Revocation of proclamation

Whenever any proclamation issued under the authority of section

441(a) of this title shall have been revoked with respect to any

state the provisions of this section shall thereupon cease to apply

with respect to such state, except as to offenses committed prior

to such revocation.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 8, 54 Stat. 8.)

-End-

-CITE-

22 USC Sec. 449 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 449. American republics

-STATUTE-

This subchapter (except section 452 (!1) of this title) shall not

apply to any American republic engaged in war against a

non-American state or states, provided the American republic is not

cooperating with a non-American state or states in such war.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 9, 54 Stat. 8.)

-REFTEXT-

REFERENCES IN TEXT

Section 452 of this title, referred to in text, was repealed by

act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(12), 68 Stat. 861.

See former section 1934(a) and section 2778(a) of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 450 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 450. Restrictions on use of American ports

-STATUTE-

(a) Bond to insure non-delivery of men, ammunition, fuel, etc.

Whenever, during any war in which the United States is neutral,

the President, or any person thereunto authorized by him, shall

have cause to believe that any vessel, domestic or foreign, whether

requiring clearance or not, is about to carry out of a port or from

the jurisdiction of the United States, fuel, men, arms, ammunition,

implements of war, supplies, dispatches, or information to any

warship, tender, or supply ship of a state named in a proclamation

issued under the authority of section 441(a) of this title, but the

evidence is not deemed sufficient to justify forbidding the

departure of the vessel as provided for by section 967 of title 18,

and if, in the President's judgment, such action will serve to

maintain peace between the United States and foreign states, or to

protect the commercial interests of the United States and its

citizens, or to promote the security or neutrality of the United

States, he shall have the power, and it shall be his duty, to

require the owner, master, or person in command thereof, before

departing from a port or from the jurisdiction of the United

States, to give a bond to the United States, with sufficient

sureties, in such amount as he shall deem proper, conditioned that

the vessel will not deliver the men, or any fuel, supplies,

dispatches, information, or any part of the cargo, to any warship,

tender, or supply ship of a state named in a proclamation issued

under the authority of section 441(a) of this title.

(b) Departure prohibited

If the President, or any person thereunto authorized by him,

shall find that a vessel, domestic or foreign, in a port of the

United States, has previously departed from a port or from the

jurisdiction of the United States during such war and delivered

men, fuel, supplies, dispatches, information, or any part of its

cargo to a warship, tender, or supply ship of a state named in a

proclamation issued under the authority of section 441(a) of this

title, he may prohibit the departure of such vessel during the

duration of the war.

(c) Alien seaman; bond

Whenever the President shall have issued a proclamation under

section 441(a) of this title he may, while such proclamation is in

effect, require the owner, master, or person in command of any

vessel, foreign or domestic, before departing from the United

States, to give a bond to the United States, with sufficient

sureties, in such amount as he shall deem proper, conditioned that

no alien seaman who arrived on such vessel shall remain in the

United States for a longer period than that permitted under the

regulations, as amended from time to time, issued pursuant to

section 168 (!1) of title 8. Notwithstanding the provisions of said

section 168 (!1) of title 8, the President may issue such

regulations with respect to the landing of such seamen as he deems

necessary to insure their departure either on such vessel or

another vessel at the expense of such owner, master, or person in

command.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 10, 54 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

Section 168 of title 8, referred to in subsec. (c), was repealed

by act June 27, 1952, ch. 477, Sec. 403(a)(13), 66 Stat. 279. See

section 1286 of Title 8, Aliens and Nationality.

-COD-

CODIFICATION

In subsec. (a), "section 967 of title 18" substituted for

"section 1, title V, chapter 30, of the Act approved June 15, 1917

(40 Stat. 217, 221; U.S.C., 1934 edition, title 18, sec. 31)" on

authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of

which enacted Title 18, Crimes and Criminal Procedure.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Homeland Security of authority

vested in President by subsecs. (a) and (b) of this section, see

sections 1(n) and 1(o) of Ex. Ord. No. 10637, Sept. 16, 1955, 20

F.R. 7025, as amended, set out as a note under section 301 of Title

3, The President.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 451. Submarines and armed merchant vessels

-STATUTE-

Whenever, during any war in which the United States is neutral,

the President shall find that special restrictions placed on the

use of the ports and territorial waters of the United States by the

submarines or armed merchant vessels of a foreign state will serve

to maintain peace between the United States and foreign states, or

to protect the commercial interests of the United States and its

citizens, or to promote the security of the United States, and

shall make proclamation thereof, it shall thereafter be unlawful

for any such submarine or armed merchant vessel to enter a port or

the territorial waters of the United States or to depart therefrom,

except under such conditions and subject to such limitations as the

President may prescribe. Whenever, in his judgment, the conditions

which have caused him to issue his proclamation have ceased to

exist, he shall revoke his proclamation and the provisions of this

section shall thereupon cease to apply, except as to offenses

committed prior to such revocation.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 11, 54 Stat. 9.)

-MISC1-

USE OF UNITED STATES PORTS AND TERRITORIAL WATERS BY SUBMARINES OF

FOREIGN NATIONS

By Proc. Nos. 2375, Nov. 4, 1939, 4 F.R. 4494, 54 Stat. 2672;

2400, Apr. 25, 1940, 5 F.R. 1570, 54 Stat. 2699; 2406, May 11,

1940, 5 F.R. 1690, 54 Stat. 2705; 2409, June 10, 1940, 5 F.R. 2192,

54 Stat. 2707; 2445, Nov. 15, 1940, 5 F.R. 4524, 54 Stat. 2672,

submarines of France, Germany, Poland, United Kingdom, India,

Australia, Canada, New Zealand, Union of South Africa, Norway,

Belgium, the Netherlands, Italy, and Greece were denied use of

United States ports and territorial waters.

-End-

-CITE-

22 USC Sec. 452 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 452. Repealed. Aug. 26, 1954, ch. 937, title V, Sec.

542(a)(12), 68 Stat. 861

-MISC1-

Section, acts Nov. 4, 1939, ch. 2, Sec. 12, 54 Stat. 10; Jan. 26,

1942, ch. 19, 56 Stat. 19, established the National Munitions

Control Board. See former section 1934 and section 2778 of this

title.

Subsec. (h) was subsequently repealed by act Aug. 30, 1954, ch.

1076, Sec. 1(28), 68 Stat. 968.

-End-

-CITE-

22 USC Sec. 453 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 453. Regulations

-STATUTE-

The President may, from time to time, promulgate such rules and

regulations, not inconsistent with law, as may be necessary and

proper to carry out any of the provisions of this subchapter; and

he may exercise any power or authority conferred on him by this

subchapter through such officer or officers, or agency or agencies,

as he shall direct.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 13, 54 Stat. 11.)

-MISC1-

DELEGATION OF POWERS

Power to make rules and regulations under this subchapter

delegated to Secretary of State by Proc. No. 2374, promulgated Nov.

4, 1939, 4 F.R. 4493, 54 Stat. 2671. See proclamations preceding

section 1 of Title 50, Appendix, War and National Defense.

-End-

-CITE-

22 USC Sec. 454 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 454. Unlawful use of the American flag by vessel of foreign

state

-STATUTE-

(a) It shall be unlawful for any vessel belonging to or operating

under the jurisdiction of any foreign state to use the flag of the

United States thereon, or to make use of any distinctive signs or

markings, indicating that the same is an American vessel.

(b) Any vessel violating the provisions of subsection (a) of this

section shall be denied for a period of three months the right to

enter the ports or territorial waters of the United States except

in cases of force majeure.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 14, 54 Stat. 11.)

-End-

-CITE-

22 USC Sec. 455 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 455. General penalty provision

-STATUTE-

In every case of the violation of any of the provisions of this

subchapter or of any rule or regulation issued pursuant thereto

where a specific penalty is not provided in this subchapter, such

violator or violators, upon conviction, shall be fined not more

than $10,000, or imprisoned not more than two years, or both.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 15, 54 Stat. 11.)

-End-

-CITE-

22 USC Sec. 456 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 456. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term "United States", when used in a geographical sense,

includes the several States and Territories, the insular

possessions of the United States, the Canal Zone, and the District

of Columbia.

(b) The term "person" includes a partnership, company,

association, or corporation, as well as a natural person.

(c) The term "vessel" means every description of watercraft and

aircraft capable of being used as a means of transportation on,

under, or over water.

(d) The term "American vessel" means any vessel documented, and

any aircraft registered or licensed, under the laws of the United

States.

(e) The term "state" shall include nation, government, and

country.

(f) The term "citizen" shall include any individual owing

allegiance to the United States, a partnership, company, or

association composed in whole or in part of citizens of the United

States, and any corporation organized and existing under the laws

of the United States as defined in subsection (a) of this section.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 16, 54 Stat. 12; Proc. No. 2695, July 4,

1946, 11 F.R. 7517, 60 Stat. 1352.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of this title.

-COD-

CODIFICATION

Words "(including the Philippine Islands)" omitted from

definition of "United States" in subsec. (a) pursuant to the

authority of Proc. No. 2695, which granted independence to the

Philippines under the provisions of section 1394 of this title, and

which is set out as a note under section 1394.

-End-

-CITE-

22 USC Sec. 457 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER II - NEUTRALITY

-HEAD-

Sec. 457. Appropriations

-STATUTE-

There is hereby authorized to be appropriated from time to time,

out of any money in the Treasury not otherwise appropriated, such

amounts as may be necessary to carry out the provisions and

accomplish the purposes of this subchapter.

-SOURCE-

(Nov. 4, 1939, ch. 2, Sec. 18, 54 Stat. 12.)

-End-

-CITE-

22 USC SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST

NEUTRALITY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-End-

-CITE-

22 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

Sec. 461. Enforcement by courts; employment of land or naval forces

-STATUTE-

The district courts shall take cognizance of all complaints, by

whomsoever instituted, in cases of captures made within the waters

of the United States, or within a marine league of the coasts or

shores thereof. In every case in which a vessel is fitted out and

armed, or attempted to be fitted out and armed, or in which the

force of any vessel of war, cruiser, or other armed vessel is

increased or augmented, or in which any military expedition or

enterprise is begun or set on foot, contrary to the provisions and

prohibitions of this subchapter and sections 958 to 962 of title

18; and in every case of the capture of a vessel within the

jurisdiction or protection of the United States as before defined;

and in every case in which any process issuing out of any court of

the United States is disobeyed or resisted by any person having the

custody of any vessel of war, cruiser, or other armed vessel of any

foreign prince or state, or of any colony, district, or people, or

of any subjects or citizens of any foreign prince or state, or of

any colony, district, or people, it shall be lawful for the

President or such other person as he shall have empowered for that

purpose, to employ such part of the land or naval forces of the

United States, or of the militia thereof, for the purpose of taking

possession of and detaining any such vessel, with her prizes, if

any, in order to enforce the execution of the prohibitions and

penalties of this subchapter and sections 958 to 962 of title 18,

and the restoring of such prizes in the cases in which restoration

shall be adjudged; and also for the purpose of preventing the

carrying on of any such expedition or enterprise from the territory

or jurisdiction of the United States against the territory or

dominion of any foreign prince or state, or of any colony,

district, or people with whom the United States are at peace.

-SOURCE-

(Mar. 4, 1909, ch. 321, Sec. 14, 35 Stat. 1090.)

-COD-

CODIFICATION

This subchapter and sections 958 to 962 of title 18, referred to

in text, was in the original "this chapter", meaning chapter 2 of

the act of Mar. 4, 1909, which had been classified to sections 461

to 464 of this title and sections 21 to 25, and 30 of former Title

18, Criminal Code and Criminal Procedure.

"This subchapter" substituted in text for "sections 461 to 464 of

this title".

"Sections 958 to 962 of title 18" substituted in text for

"sections 21 to 25, and 30 of title 18" on authority of act June

25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title

18, Crimes and Criminal Procedure.

Section was formerly classified to section 26 of title 18 prior

to the general revision and enactment of Title 18 by act June 25,

1948, ch. 645, Sec. 1, 62 Stat. 683.

-MISC1-

PRIOR PROVISIONS

Section was derived from R.S. Sec. 5287 (act Apr. 20, 1818, ch.

88, Sec. 8, 3 Stat. 449) which was amended by act Feb. 18, 1875,

ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of

Mar. 4, 1909.

-End-

-CITE-

22 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

Sec. 462. Compelling foreign vessels to depart

-STATUTE-

It shall be lawful for the President to employ such part of the

land or naval forces of the United States, or of the militia

thereof, as he may deem necessary to compel any foreign vessel to

depart from the United States or any of its possessions in all

cases in which, by the law of nations or the treaties of the United

States, it ought not to remain, and to detain or prevent any

foreign vessel from so departing in all cases in which, by the law

of nations or the treaties of the United States, it is not entitled

to depart.

-SOURCE-

(Mar. 4, 1909, ch. 321, Sec. 15, 35 Stat. 1091; June 15, 1917, ch.

30, title V, Sec. 10, 40 Stat. 223.)

-COD-

CODIFICATION

Section was formerly classified to section 27 of title 18 prior

to the general revision and enactment of Title 18, Crimes and

Criminal Procedure, by act June 25, 1948, ch. 645, Sec. 1, 62 Stat.

683.

Act June 15, 1917, inserted provisions relating to detention of

vessels.

-MISC1-

PRIOR PROVISIONS

Section was derived from R.S. Sec. 5288 (act Apr. 20, 1818, ch.

88, Sec. 9, 3 Stat. 449), which was repealed by section 341 of act

Mar. 4, 1909.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 408a, 465 of this title.

-End-

-CITE-

22 USC Sec. 463 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

Sec. 463. Bonds from armed vessels on clearing

-STATUTE-

The owners or consignees of every armed vessel sailing out of the

ports of, or under the jurisdiction of, the United States,

belonging wholly or in part to citizens thereof, shall, before

clearing out the same, give bond to the United States, with

sufficient sureties, in double the amount of the value of the

vessel and cargo on board, including her armament, conditioned that

the vessel shall not be employed by such owners to cruise or commit

hostilities against the subjects, citizens, or property of any

foreign prince or state, or of any colony, district, or people,

with whom the United States are at peace.

-SOURCE-

(Mar. 4, 1909, ch. 321, Sec. 16, 35 Stat. 1091.)

-COD-

CODIFICATION

Section was formerly classified to section 28 of title 18 prior

to the general revision and enactment of Title 18, Crimes and

Criminal Procedure, by act June 25, 1948, ch. 645, Sec. 1, 62 Stat.

683.

-MISC1-

PRIOR PROVISIONS

Section was derived from R.S. Sec. 5289 (act Apr. 20, 1818, ch.

88, Sec. 10, 3 Stat. 449), which was repealed by section 341 of act

Mar. 4, 1909.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 464 of this title; title

10 section 351.

-End-

-CITE-

22 USC Sec. 464 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

Sec. 464. Detention by collectors of customs

-STATUTE-

The several collectors of the customs shall detain any vessel

manifestly built for warlike purposes, and about to depart the

United States, or any place subject to the jurisdiction thereof,

the cargo of which principally consists of arms and munitions of

war, when the number of men shipped on board, or other

circumstances, render it probable that such vessel is intended to

be employed by the owners to cruise or commit hostilities upon the

subjects, citizens, or property of any foreign prince or state, or

of any colony, district, or people with whom the United States are

at peace, until the decision of the President is had thereon, or

until the owner gives such bond and security as is required of the

owners of armed vessels by section 463 of this title.

-SOURCE-

(Mar. 4, 1909, ch. 321, Sec. 17, 35 Stat. 1091.)

-COD-

CODIFICATION

Section was formerly classified to section 29 of title 18 prior

to the general revision and enactment of Title 18, Crimes and

Criminal Procedure, by act June 25, 1948, ch. 645, Sec. 1, 62 Stat.

683.

-MISC1-

PRIOR PROVISIONS

Section was derived from R.S. Sec. 5290 (act Apr. 20, 1818, ch.

88, Sec. 11, 3 Stat. 450), which was repealed by section 341 of act

Mar. 4, 1909.

-TRANS-

TRANSFER OF FUNCTIONS

Offices of collector of customs, comptroller of customs, surveyor

of customs, and appraiser of merchandise of Bureau of Customs of

Department of the Treasury to which appointments were required to

be made by President with advice and consent of Senate ordered

abolished, with such offices to be terminated not later than Dec.

31, 1966, by Reorg. Plan No. 1, of 1965 eff. May 25, 1965, 30 F.R.

7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Offices eliminated were

already vested in Secretary of the Treasury by Reorg. Plan No. 26

of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out

in the Appendix to Title 5.

-End-

-CITE-

22 USC Sec. 465 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY

SUBCHAPTER III - PREVENTION OF OFFENSES AGAINST NEUTRALITY

-HEAD-

Sec. 465. Detention of vessels

-STATUTE-

The President may employ such part of the land or naval forces of

the United States as he may deem necessary to carry out the

purposes of sections 462 and 465 of this title, and sections 756,

960, 963 to 967, and 3058 of title 18.

-SOURCE-

(June 15, 1917, ch. 30, title V, Sec. 9, 40 Stat. 223.)

-COD-

CODIFICATION

This section was not enacted as part of act Mar. 4, 1909, ch.

321, 35 Stat. 1090, which comprises this subchapter.

Sections 462 and 465 of this title, and sections 756, 960, 963 to

967, and 3058 of title 18, referred to in text, was in the original

"this title", meaning title V of act June 15, 1917, which had been

classified to sections 462 and 465 of this title and sections 25,

and 31 to 38 of former Title 18, Criminal Code and Criminal

Procedure.

"Sections 756, 960, 963 to 967, and 3058 of title 18" substituted

in text for "sections 25, and 31 to 38 of title 18" on authority of

act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which

enacted Title 18, Crimes and Criminal Procedures.

Section was formerly classified to section 38 of title 18 prior

to the general revision and enactment of Title 18, by act June 25,

1948, ch. 645, Sec. 1, 62 Stat. 683.

-CROSS-

DEFINITIONS

Definition of United States as used in this section, see section

408a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 408a of this title.

-End-