Illustrated front cover of booklet.



Neutrality Instructions

U.S. Navy

1940





Table of Contents

  Page
Opnav letter serial No. 41613 of April 10, 1940 iii
Forty Alnav of September 5, 1939 iv
PART I
Instructions concerning Neutrality Duty in connection with Visits of Belligerent Ships of War and Aircraft, dated April 20, 1939 1
PART II
(Appendices consisting of laws, proclamations, executive orders, etc.)
Appendix A. Neutrality Proclamations  
  No. 2348 of September 5, 1939 - Germany-France, Poland, United Kingdom, India, Australia, New Zealand 21
  No. 2353 of September 8, 1939 - Germany-South Africa 27
  No. 2359 of September 10, 1939 - Germany-Canada 28
  No. 2399 of April 25, 1940 - Germany-Norway 29
  No. 2405 of May 11, 1940 - Germany-Belgium, Luxemburg, Netherlands 31
Appendix B. Regulations Governing Enforcement of Neutrality:  
  Executive Order No. 8233 of September 5, 1939 (Alnav 39-1939) 33
  Executive Order No. 8243 of September 8, 1939 35
  Executive Order No. 8249 of September 10, 1939 36
  Executive Order No. 8398 of April 25, 1940 37
  Executive Order No. 8406 of May 11, 1940 39
Appendix C. Regulations Concerning Neutrality Canal Zone:  
  Presidential Proclamation No. 2350 of September 5, 1939 41
Appendix D. Regulations Governing Passage and Control of Vessels through Panama Canal:  
  Executive Order No. 8234 of September 5, 1939 45
  Executive Order No. 8382 of March 25, 1940 47
Appendix E. Control of the Panama Canal and Canal Zone:  
  Executive Order No. 8232 of September 5, 1939 49
Appendix F. Limited National Emergency:  
  Presidential Proclamation No. 2352 of September 8, 1939 51
Appendix G. "Neutrality Act of 1939":  
  Public Resolution No. 54 - 76th Congress - November 4, 1939 53
Appendix H. State of War Proclamations:  
  Presidential Proclamation No. 2374 of November 4, 1940 - Germany-France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, Union of South Africa 63
  Presidential Proclamation No. 2398 of April 25-1940 - Germany - Norway 64
  Presidential Proclamation No. 2404 of May 11, 1940 - Germany - Belgium, Luxemburg and Netherlands 65
Appendix I. Use of Ports or Territorial Waters of the United States by Submarines of Foreign belligerent States:  
  Presidential Proclamation No. 2375 of November 4, 1939 67
  Presidential Proclamation No. 2400 of April 25, 1940 68
  Presidential Proclamation No. 2406 of May 11, 1940 69
Appendix J. Definition of Combat Areas:  
  Presidential Proclamation No. 2376 of November 4, 1939 71
  Presidential Proclamation No. 2394 of April 10, 1940 73
Appendix K. Small Arms on Merchant Vessels:  
  State Department Regulations of November 6, 1939 75
Appendix L. Traffic in Arms, Ammunition, Implements, and Munitions of War:  
  State Department Regulations of November 6, 1939 77
Appendix M. Passports - Vessels in Combat Areas:  
  State Department Regulations of November 6, 1939 93
Appendix N. Travel:  
  State Department Regulations of November 6, 1939 95
Appendix O. Passports - Travel:  
  State Department Regulations of November 17, 1939; December 14, 1939; January 16, 1940; April 10, 1940; April 25, 1940; and May 11, 1940 97
Appendix P. Neutrality Duty in Connection with Radio Communications: Coast Guard Instructions of September 11, 1939 107
Appendix Q. Extracts from Customs Regulations of the Treasury Department 115
Appendix R. Extracts from Laws of the United States Pertaining to Neutrality 117


Serial No. 41613. NAVY DEPARTMENT,
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
Washington, April 10, 1940.

From: The Chief of Naval Operations.
To: All Ships and Stations.
 
Subject: Neutrality Instructions - U.S. Navy - 1940.
 
Reference: (a) Instructions concerning neutrality duty in connection with visits of belligerent ships of war and aircraft - April 20, 1939.
(b) Secnav restricted letter Serial No. 10204 of April 20, 1939.

(c) Opnav restricted letter Serial No. 10203 of April 20, 1939.
(d) Alnav 40 of September 5, 1939.
(e) Secnav despatch 0026-1330 of August 1939.
(f) Opnav letter Op-13B/PS A14-6 (1) (390420) of December 4, 1939.
(g) Opnav letter Op-13B/PS Serial No. 36413 of March 27, 1940.

1. Reference (a) was approved by the Secretary of the Navy in reference (b) and promulgated to the naval service in reference (c). The Instructions were made effective by reference (d).

2. These instructions concerning neutrality duty, including the changes made by references (e), (f), and (g) to articles 41, 17, and 24, and various acts of Congress, Presidential proclamations and Executive orders on the subject are printed herewith in one publication for convenient reference. This publication will be known as "Neutrality Instructions, United States Navy, 1940."

Department Distribution: I, II, III, IV, V, VI (a), (b), (c), (d), (g), (h), and (i), VII, VIII (k), (1), IX.

(Signed) H. R. STARK.

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40 ALNAV OF SEPTEMBER 5, 1939

NEUTRALITY INSTRUCTIONS TO NAVAL SERVICE

Reference: Alnavs 38 and 39.

1. The instructions concerning neutrality duty in connection with visits of belligerent ships of war and aircraft, April 20, 1939, and promulgated in Opnavs Serial No. 10203 of April 20, 1939, shall be placed in effect.

2. Until further orders the Navy's activities in the enforcement of neutrality will be limited to the functions prescribed for the Navy in paragraphs 2, 4 and 6 of Executive Order No. 8233 of September 5, 1939, and in connection with foreign public aircraft authorized to land or landing at naval air stations and in waters under the jurisdiction of the United States.

3. All commanders shall insure strict observance of neutrality by their subordinates. Despatches and correspondence relating to the enforcement of neutrality should normally be placed in a restricted classification.

Acting Secretary of the Navy.

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PART I
Instructions Concerning
Neutrality Duty in Connection with Visits
of
Belligerent Ships of War and Aircraft
April 20, 1939

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Contents of Part I

Chapter I. Visits by belligerent ships of war 1
  Neutrality proclamations 1
  Definitions 1
  Responsibility of the commandant 1
  Delegation of authority at commandant's discretion 1
  Commandant to make tentative arrangements in advance for reception of belligerent ships of war 2
  Situations not covered by these instructions 2
  Use of force authorized if absolutely necessary 2
  Arrival of belligerent ships of war 2
  Commandant to report arrival of belligerent ships of war to Secretary of the Navy 3
  Visit of welcome, by whom made 3
  Neutrality duty boarding visit, by whom made 3
  Employment of vessels of the Navy 3
  Quarantine regulations must be observed 4
  Letter of instructions 4
  Duty of officer making neutrality duty boarding visit - information to be obtained 4
  Determining amounts of supplies and repairs 5
  Notice to commanding officers of belligerent ships of war 5
  Failure to depart or violations of neutrality - recommendations as to internment 6
  Report of departure 6
Chapter II. Internment of belligerent ships of war 7
  Policy of the United States 7
  Internment 8
  Captured individuals 8
  Limits of internment 9
  Status of interned vessel in case of certain assurances by its government 9
  Requests for parole 9
  Conditions under which paroles may be granted 9
  Authority for granting paroles 10
  Breach of parole 10
  Form of parole 10
  Classes of interns 11
  Leave of absence 11
  Hospital privileges 11
  Officer responsible for safe custody of interned vessel and her officers and crew 12
  Correspondence 12
  Expenses 12
  Display of national ensign 12
  Internment under Army custody 12
Chapter III. Form letters to commanding officers of belligerent ships of war 13
  Letter of instructions (signed by commandant) 13
  Form for securing information 14
  Letter of instructions (signed by representative of the commandant) 15
  Letter advising of internment 16
Chapter IV. Belligerent aircraft 17
  Definitions pertaining to aircraft 17
  Applicability of these instructions to belligerent aircraft 17
  Aircraft for which the Navy is responsible 17
  Proclamation concerning neutrality in connection with aircraft 17
  Action in absence of proclamation 18
  Control of aircraft in flight 18
  Information to be furnished 18
  Belligerent aircraft, other than those for which the Navy is responsible, landing at naval air stations 18

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CHAPTER I. VISITS OF BELLIGERENT SHIPS OF WAR

Article 1. Neutrality Proclamations.

(a) In any war involving naval powers in which the United States is a neutral, the President of the United States may be expected to issue a neutrality proclamation which will contain provisions applicable to belligerent ships of war entering the jurisdiction of the United States.

(b) In deciding all questions concerning belligerent ships of war within the jurisdiction of the United States, officers performing neutrality duty shall be governed by the President's neutrality proclamation and other pertinent proclamations and executive orders, and instructions issued by the Secretary of the Navy. Texts of proclamations and executive orders pertaining to neutrality will be issued to the naval service by the Chief of Naval Operations, by the most rapid means available.

(c) In any case not covered by proclamations, executive orders, or instructions from the Secretary of the Navy, the officer concerned may refer the matter to the Secretary of the Navy for decision.

(d) It is contemplated that these instructions will be put into effect, as prescribed in the letter of promulgation, when the proclamation referred to in (a) above is issued.

Article 2. Definitions.

(a) The term "ship of war," as used in these instructions, applies to any vessel operating under public control for hostile or military purposes.

(b) The term "commandant," as used in these instructions, means the commandant of a naval district, or the commandant of the Naval Station, Guantanamo Bay, Cuba; Tutuila, Samoa; and Guam; and, in any area not included in the foregoing, the officer designated by the Secretary of the Navy so to act.

Article 3. Responsibility of the Commandant.

(a) Whenever belligerent ships of war enter a port, harbor, or roadstead, or hover or anchor in waters under the jurisdiction of the United States, the commandant of the naval district or station, within the limits of which the vessel is located, shall assume complete charge of all matters in connection with their visit, and shall be responsible for enforcement of the neutrality of the United States in connection therewith. The commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel, shall be informed promptly of this fact.

(b) It is expected that the neutrality proclamation for the Canal Zone will provide that the Governor of the Panama Canal shall be responsible for enforcing the neutrality of the United States in the Canal Zone and will direct that naval and military forces of the United States stationed in the Canal Zone furnish such assistance to the Governor as he may request for this purpose. In this event, naval forces stationed in the Canal Zone shall be governed accordingly.

Article 4. Delegation of Authority at Commandant's Discretion.

The commandant is the representative of the United States to insure the observance of our neutrality by belligerent ships of war within the jurisdiction of the United States and to carry out the provisions of these instructions in connection therewith. He is authorized, unless

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otherwise provided in these instructions, to delegate to a representative designated by him, whether before or after the internment of belligerent ships of war, any of the authority granted him by these instructions that, in his opinion, will facilitate administration, but he is responsible for the intelligent utilization of the authority so delegated.

Article 5. Commandant to Make Tentative Arrangements in Advance for Reception of Belligerent Ships of War.

(a) Each commandant shall, on receipt of these instructions, make arrangements at each of the ports within his district or area for the reception and treatment of visiting belligerent ships of war, so that in case of such visits those who will actually perform the duties in connection therewith may become familiar with these instructions and know what the government expects of them.

(b) In those ports where there are no naval representatives, arrangements should be made with department commanders of the Army and collectors of customs, by which the most convenient officers of the War Department or Treasury Department may be utilized to make neutrality duty boarding visits, serve on boards, obtain the information, and give the notices required by these instructions.

(c) Tentative arrangements should also be made for interning such vessels, should this become necessary. If considered more expedient for any port that the vessel or personnel be interned under custody of the Army authorities, arrangements to accomplish this should be made. See article 18 (d) and article 37.

(d) The arrangements mentioned above should be submitted to the Chief of Naval Operations for approval, and reference to the War Department, if necessary.

Article 6. Situations Not Covered by These Instructions.

In case of situations which are not covered by these instructions the commandant is authorized to act in accordance with their general spirit, or to refer the matter to the Secretary of the Navy for decision.

Article 7. Use of Force Authorized if Absolutely Necessary.

If force should be absolutely necessary to carry out any of the provisions of these instructions, the commandant is authorized to use it, but no more force than necessary to accomplish the purpose shall be used. In case of the failure of belligerent ships of war to leave the waters of the United States after due notice to depart, they shall not be expelled by force without specific authority from the Secretary of the Navy, but if they have remained beyond the time limit after notice to depart, they shall then be prevented by force, if necessary, from departing until their case has been acted upon by the Secretary of the Navy.

Article 8. Arrival of Belligerent Ships of War.

(a) Upon the arrival of one or more belligerent ships of war within waters under the jurisdiction of the United States, the senior officer present, ashore or afloat, shall immediately report the arrival to the commandant by urgent dispatch, information Secretary of the Navy.

(b) If a representative of the commandant is not present, or if requested by the commandant, the senior officer present, ashore or afloat, shall act as such representative. In this case, the report required in (a) above shall include the information listed in article 15, together with the recommendations in the premises of the senior officer present.

(c) The commandant shall arrange with department commanders of the Army and collectors of customs, in the absence of United States naval vessels or officers, to inform him by

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telephone or dispatch of the arrival of any belligerent ships of war at any place within their respective districts.

(d) The presence of any suspicious vessel anchoring or hovering in waters under the jurisdiction of the United States at a considerable distance from a port shall be similarly reported, giving all available information.

Article 9. Commandant to Report Arrival of Belligerent Ships of War to the Secretary of the Navy.

The commandant shall report to the Secretary of the Navy by urgent dispatch the arrival of any belligerent ships of war within his jurisdiction, giving complete information and what action the commandant has taken in regard thereto. He shall keep the Secretary of the Navy informed on matters of interest during the course of their visit.

Article 10. Visit of Welcome, by Whom Made.

The prescribed visits of welcome to foreign ships of war shall be made whether they are of belligerent nationality or not. The senior officer present shall send a boarding officer to perform this visit in accordance with the Navy Regulations.

Article 11. Neutrality Duty Boarding Visit, by Whom Made.

(a) The neutrality duty boarding visit shall, ordinarily, be made by an officer designated by the commandant. In the absence of such officer, or if requested by the commandant, the senior officer present afloat, if there are naval vessels in the vicinity, shall designate an officer under his command for such duty. In such case, the senior officer present afloat shall immediately report the result of the visit to the commandant, sending the boarding officer in person, if convenient, to make the report. (See art. 15.) The visit of welcome and the neutrality duty boarding visit may be combined when desirable.

(b) If there are no naval vessels in the vicinity at the time, the commandant shall send the most convenient officer available and suitable for the purpose to make the combined visit of welcome and neutrality duty boarding visit. He may utilize any officer of the Navy or Marine Corps on duty within the limits of his command (hydrographic duty, recruiting duty, etc., included). In case it is impracticable to send an officer of the Navy or Marine Corps to make this visit, the commandant shall request that the officer of the War Department or Treasury Department, previously designated as provided in article 5 (b), make the visit and furnish the information required in article 15.

Article 12. Employment of Vessels of the Navy.

(a) If the belligerent ship or ships are anchored at such distance from any port that it would be impracticable for the commandant to send an officer or board of officers to them directly, he shall send a suitable vessel to the locality to carry out such of these instructions as may be necessary. If no suitable vessel is at his disposal, he shall request the Chief of Naval Operations, or the senior officer present afloat as indicated in (b) below, to furnish him a vessel for the purpose. The commanding officer of such vessel shall report promptly to the commandant the information obtained (see art. 15), employing the quickest method of communication. As the representative of the commandant, he may convene the board provided for in article 16, should it be considered necessary. If this be done, he shall forward the report of the board to the commandant without delay.

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(b) In case there are vessels of the United States Navy, not under the orders of the commandant, in the vicinity of the anchorage of the belligerent ship of war, the senior officer present in such vessels, if requested to do so by the commandant, shall designate a vessel to act as contemplated in (a) of this article.

Article 13. Quarantine Regulations Must Be Observed.

(a) In making the welcoming and neutrality duty boarding visits, the usual formalities in regard to quarantine shall be observed. The commandant and the boarding officer shall cooperate with the quarantine authorities with a view to expediting this duty.

(b) In case pratique is not granted by the quarantine authorities, the commandant shall permit communication with the shore by the belligerent vessel only upon the express permission of the quarantine officer and in accordance with these instructions. In case such a situation should arise, the commandant shall report the matter to the Secretary of the Navy by dispatch, together with the recommendation of the quarantine officer as to the probable duration of her quarantine, the advisability of transferring her sick to a hospital, and whether or not it is advisable for her to receive repairs or supplies while in quarantine.

Article 14. Letter of Instructions.

(a) The commandant, or his designated representative, shall prepare a letter of instructions addressed to the commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel. (See form letters in ch. III of these instructions).

(b) The letter of instructions shall be delivered, if practicable, by the officer making the neutrality duty boarding visit. If this is not practicable, the commandant shall issue appropriate instructions to the officer making the boarding visit as to the delivery of the commandant's instructions to the commander of the vessel, detachment, or force.

Article 15. Duties of Officer Making Neutrality Duty Boarding Visit - Information To Be Obtained.

(a) The officer making a neutrality duty boarding visit shall deliver to the commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel, the letter of instructions of the commandant or his representative, and shall secure from the commander of the vessel, detachment, or force the following information:

  1. Name, type, and nationality of each vessel;
  2. Name and rank, regular or reserve, of the commanding officer (or commanding officers);
  3. Owner of vessel. If the vessel is not government owned and operated, but comes under the definition of a ship of war (article 2), give complete information as to ownership, charter, and status of officers and crew.
  4. Hour, date, and place of arrival within the jurisdiction of the United States;
  5. Hour, date, and place desired to depart from the jurisdiction of the United States;
  6. Last previous port;
  7. Nature of service and purpose of visit;
  8. Port bound to.

(b) If fuel, lubricants, feed water, or provisions are desired, the commander of the belligerent vessel shall be required to furnish a written declaration, duly signed by such commander, stating:

  1. Date, port, and amounts of supplies last received within the jurisdiction of the United States;
  2. The amounts of fuel, lubricants, feed water, and provisions on board;

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  1. The port to which it is desired that the vessel proceed;
  2. The economical speed of the vessel;
  3. The rate of consumption of fuel, lubricants, and feed water at such speed;
  4. The amounts of fuel, lubricants, feed water, and provisions desired.

(c) If repairs are desired, a similar declaration shall be furnished stating the nature and cause of the damage and the exact nature of the repairs.

(d) In either case contemplated in (b) and (c) above, a certificate shall be included to the effect that the desired services are in accord with the rules and regulations of the United States in that behalf.

(e) If the commandant is not present, the information listed in article 15 (a), (b), (c), and (d) above shall be furnished the commandant by urgent dispatch, information Secretary of the Navy. If no repairs, fuel, lubricants, feed water, or provisions are required, a statement to that effect shall be included, omitting, in this case, the information contained in the declaration of the commander of the vessel.

(f) In any case, a full written report shall be submitted to the commandant.

(g) See article 38 (b) for blank form to be used in obtaining the required information, declaration, and certificate.

Article 16. Determining Amounts of Supplies and Repairs.

(a) The commandant shall make all decisions in regard to the amounts of supplies a belligerent ship of war may take on, and the nature of repairs she may make. Such decisions shall be based on the provisions of the President's neutrality proclamation and other proclamations and executive orders, and the instructions received from the Secretary of the Navy.

(b) If considered necessary, the commandant may convene a board of commissioned officers of the Navy, or, if this is impracticable, a board of such competent persons as may be available, for the purpose of recommending the amounts of supplies a belligerent ship of war may take on, or the nature of the repairs she may make. See article 12 (a) regarding commanding officers of naval vessels convening such boards.

(c) Reports of boards convened in accordance with this article, together with the action of the commandant thereon, shall be forwarded to the Secretary of the Navy without delay.

Article 17. Notice to Commanding Officers of Belligerent Ships of War.

(a) As soon as possible after the receipt of the information enumerated in article 15, should supplies or repairs be required by any belligerent ship of war, the commandant, or his designated representative, shall give written notice to her commanding officer, or to the commander of the detachment or force if there be more than one such vessel, of the amount of fuel, lubricants, feed water, and provisions that may be taken on board by each of the vessels and the exact nature of repairs that may be made to each of them.

(b) The commandant shall also inform the commanding officer of the belligerent vessel, or the commander of the detachment or force, of the time limit before the expiration of which the vessel or vessels in question must depart from the jurisdiction of the United States.

(c) In addition to a brief report by dispatch, the commandant shall send a copy of the report of the commander of the belligerent ship or ships as required in paragraphs 15(a), (b), and (c), and of his reply as required by paragraphs 17(a), and (b) to the Secretary of the Navy, when any supplies or repairs have been requested.

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Article 18. Failure to Depart or Violations of Neutrality - Recommendations as to Internment.

(a) If, for any reason, any belligerent ship of war fails to depart from the waters of the United States within the time limit or at the hour and date specified by the commandant, the commandant shall cancel the permission given her to sail, request of her commanding officer a statement of his reasons for failing to comply with the instructions given him, and report the matter to the Secretary of the Navy by urgent dispatch, together with a recommendation as to whether there are any circumstances which warrant an extension of the time in her case, or whether she should be interned. While awaiting action of the Secretary of the Navy, the commandant shall detain the belligerent vessel, using force if necessary. (See art. 7 of these instructions.)

(b) In case of any act in violation of the neutrality of the United States by any belligerent ship of war, or any of her officers, crew, or passengers, the commandant shall report all facts to the Secretary of the Navy with appropriate recommendations as to action to be taken as indicated under 1, 2, or 3 below:

If the act is committed by the vessel or by individuals on board her with the cognizance of the commanding officer thereof:

  1. Intern the vessel and her personnel; or

  2. Require the vessel to depart from the United States waters immediately, and deny her permission again to enter such waters during the continuance of the war.

    If the act is committed by one or more individuals away from the ship without the cognizance of the commanding officer thereof:

  3. Intern the individuals committing the act.

(c) In all cases where the commandant recommends the internment of a vessel he shall also recommend the most suitable place, within his jurisdiction, for her detention, and the amount of additional force, if any, which will be required properly to guard her and her personnel. (See Chapter II, Internment of Belligerent Ships of War).

(d) If considered more expedient for any port that the vessel or personnel be interned under custody of Army authorities, the commandant shall so recommend to the Secretary of the Navy, giving full details and whether or not such Army authorities have concurred in the recommended arrangements. See article 5 (c) and (d), and article 37.

Article 19. Report of Departures.

Reports of departures of belligerent ships of war shall be made the same as for arrivals as indicated in articles 8 and 9.

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CHAPTER II. INTERNMENT OF BELLIGERENT SHIPS OF WAR

Article 20. Policy of the United States.

(a) Conditions under which belligerent ships of war may be interned are set forth in article 18 of these instructions.

(b) When internment of a belligerent ship of war is decided upon, the policy of the United States in regard thereto shall be as indicated in this article.

(1) If the government to which the vessel belongs shall give its assurance that neither such vessel nor any member of her crew will attempt to leave the territory of the United States, or violate the neutrality thereof during the war in progress; and if that government shall authorize the officers to give their parole to that effect, and the commanding officer to give his parole for the enlisted men under his command; and, further, if the government to which the vessel belongs shall agree to cooperate with the United States in using all practicable means to apprehend, punish, and return to the custody of the United States any officer or member of the crew thus paroled who escapes;

(2) Then the Government of the United States will accept such assurances and paroles and will, after the officers and men have been paroled and after the vessel has been rendered incapable of again taking the sea, extend to such vessel, her officers, and crew the treatment which is usual in time of peace, reserving only such supervision as may be necessary to safe guard the neutrality of the United States;

(3) Provided that the right to revoke the above privileges at any time without notice and without assigning a cause, and to place in operation the rigorous methods of internment recognized by international law as legitimate, is reserved, such revocation to be considered in no sense an unfriendly act.

(c) (1) Officers charged with the maintenance of the neutrality of the United States and the custody of interned vessels and their personnel should bear constantly in mind that the United States, as a neutral, is bound, under its previous practice and under the treaties to which the United States is a party, to prevent the commission of any unneutral acts within the territory or waters under the jurisdiction of the United States, and in case belligerent ships of war are interned, to prevent such vessels and their personnel from again participating either directly or indirectly in the hostilities.

(2) The extent and rigor of the surveillance employed in accomplishing the above result is a matter within the discretion of the United States alone.

(3) While the use of rigorous methods of restriction on the interns cannot be considered by their government as unfriendly, neither can any opposing belligerent regard as unneutral the granting of the widest degree of freedom to them provided always that we fulfill our solemn obligation to prevent the vessels or the interned individuals from again participating either directly or indirectly in the hostilities.

(4) The interned individuals are the subjects of a friendly nation and are entitled to be treated as such; humanity and friendship alike require that their stay in this country shall be as agreeable as the peculiar circumstances of their visit permit.

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(5) Therefore, unless the conduct of such interned individuals should indicate that an abuse of our confidence has rendered further privileges unwarranted, such requests from the commanding officers of interned vessels as are not inconsistent with the best interests of the United States, and which are consistent with the performance of our paramount duty to detain the vessels and their personnel, should, if practicable, receive favorable consideration.

Article 21. Internment.

(a) On receipt of orders from the Secretary of the Navy to intern a belligerent ship of war, the commandant shall send a commissioned officer on board her to inform the commanding officer of such orders, and that in accordance therewith he will, on behalf of the United States, take the vessel over into the custody of the United States, and that the United States expects that the commanding officer will facilitate the execution of such measures as the United States may find necessary in order to render the vessel incapable of again taking the sea during the war. (See form letter in ch. III.)

(b) The commandant shall send the vessel under proper convoy to the place designated by the Secretary of the Navy as the place of internment, placing on board her, if considered necessary, a sufficient guard to insure her safe passage; assign a suitable place for mooring; disable her machinery so as to prevent her moving under her own power; disable her battery beyond possibility of its being used; remove all ammunition and small arms to a place of safety on shore, except such revolvers, with a reasonable amount of ammunition, as may be necessary for officers for disciplinary purposes, and disable or seal the radio and other signaling apparatus so as to prevent its being used. He shall also disable the vessel in such other manner as may be prescribed by the Secretary of the Navy.

NOTE. - If the belligerent government owning the vessel will give to the United States certain assurances prescribed in article 24 following, it is the intention of this Government, after paroling the officers and crew, not to disable the vessel more than necessary to insure her inability to put to sea and not to place any unusual restrictions upon the personnel; this question to be taken up with the government of the belligerent at the time through diplomatic channels.

(c) If a belligerent vessel is interned at a place other than at a naval station, a United States vessel or other suitable guard should be selected to guard the interned vessel and her crew. If the vessel employed in connection with the belligerent's visit prior to internment is of material military value, such vessel should be relieved from this duty as soon as practicable by any vessel suitable for the purpose, or by a detention guard if the belligerent vessel is alongside a dock or the interns are quartered on shore. It is considered undesirable, as a general rule, to intern a belligerent vessel at a navy yard.

(d) In case the interned vessel is uninhabitable, or for any other reason not a suitable place for quartering the interns, the commandant shall report the fact to the Secretary of the Navy, together with recommendations as to what other vessel or what place on shore is proper and available for the purpose. If additional officers and men are required as a detention guard, he shall request that they be furnished him. If the crew is removed from the vessel, a sufficient number must be left on board to look out for the vessel.

(e) If, on internment, the crew of the vessel is in urgent need of succor, the commandant shall furnish such relief as humanity may require.

Article 22. Captured Individuals.

In case captured individuals are found on board a belligerent ship of war at the time of her internment, such individuals shall be set free.

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Article 23. Limits of Internment.

(a) The limits of internment shall be the limits of the vessel herself, if the crew are quartered on board; if the crew are quartered on shore, the limits of internment shall be the limits, or the immediate vicinity, of the buildings or camps occupied by the interns. Such limits shall be prescribed definitely by the commandant.

(b) No officer or man not under parole shall be permitted to leave the limits of internment. The commandant or other superior officer having charge of interned persons shall use all necessary means at his command to enforce this provision and to suppress riot or organized revolt among interns.

Article 24. Status of Interned Vessel in Case of Certain Assurances by Its Government.

(a) If the government of the interned vessel will give its official assurances to the Government of the United States that neither the vessel nor any member of the crew will attempt to leave the territory of the United States or violate the neutrality thereof during the continuance of the war in progress; that the officers are authorized to give their parole to that effect; that the commanding officer is authorized to give his parole for the enlisted personnel of his command; that in case of any violation thereof, if brought to its attention, the belligerent government will use all practicable means to apprehend, punish, and return to the custody of the United States any intern who escapes in violation of the parole as thus given, the United States will be justified in relying on these assurances and paroles, and granting, during good behavior, the privileges as herein enumerated.

(b) In case the assurances mentioned in the preceding paragraph are given by the home government of the interns: the vessel shall not be disabled more than necessary to insure her inability to put to sea; the organization of the vessel will be continued intact during the observance of parole by the interns; the commanding officer of the vessel will be permitted to exercise the authority granted him by the regulations of his own government to maintain order and discipline among the crew; and, subject to the good behavior of the interns and the provisions of these instructions, the status of the vessel will be the same as in times of peace.

(c) The Secretary of the Navy, when ordering the internment of a belligerent ship of war, will advise the commandant whether or not the government to which the vessel belongs has given the assurances contemplated by this article.

(d) The commandant of the district concerned will make appropriate recommendations relative to modifications of the procedure outlined above or other measures which are considered advisable in any specific case to prevent the commission of unneutral acts or to safeguard the interests of the United States.

Article 25. Requests for Parole.

If the commanding officer of the interned vessel desires the privilege of parole for himself or any of his command, he should make request therefor to the commandant. For limited paroles, the request shall show the name and rank (or rating) of the individuals, the limits desired, and the reason. For extended paroles within the limits of the United States, the request must be accompanied by a list of the commissioned officers and other members of his crew, with their full names and ranks or ratings, for whom parole is desired and for whom parole is not desired.

Article 26. Conditions Under Which Paroles May Be Granted.

(a) None but commissioned officers will be permitted to give parole. For all other interns, the commanding officer of the interned vessel, if he desires parole for them, must give parole on their behalf.

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(b) No officer can be compelled to give parole either for himself or any other intern.

(c) In no case will parole be accepted for any intern who is prohibited by the regulations of his own government from giving it.

(d) In case the commanding officer of the interned vessel disapproves the giving of parole by any member of his command, such member will not be permitted to leave the limits of internment, as prescribed in article 23 above.

Article 27. Authority for Granting Paroles.

(a) Extended paroles effective within the limits of the United States shall be granted only upon specific authority of the Secretary of the Navy. Requests for such paroles shall be forwarded to the Secretary of the Navy by the commandant with, his recommendations in the premises.

(b) The commandant is authorized to accept, within his discretion, without reference to the Secretary of the Navy, a limited parole within the limits of his command for any intern in accordance with the instructions contained in article 26, whenever he may consider it necessary for the health and comfort of the interns. The general form of the parole given in article 29 shall be followed. It shall contain, in addition to the promises contained in article 29, the purpose for which granted and the limits for which it is effective.

(c) Under no circumstances shall any intern be permitted to return to his own country without the consent of the opposing belligerent. Such requests must be accompanied by reasons therefor. They shall be forwarded to the Secretary of the Navy and will be taken up through diplomatic channels with the governments concerned.

Article 28. Breach of Parole.

In case of breach of parole by an intern or interns, the commandant shall report to the Secretary of the Navy the names and ranks or ratings of such offenders, together with the attendant circumstances and recommendations. Pending action in the matter, the rest of that class, in accordance with the classification given in article 30 following, shall be restricted to the limits of internment, as prescribed in article 23.

Article 29. Form of parole.

(a) The following form of parole is prescribed for each commissioned officer, including the commanding officer, desiring parole, to be signed by such officer with the approval of the commanding officer:

I hereby state that there is no regulation issued by the government of my own country which prohibits my giving this parole, and I do hereby promise that I will strictly observe, during the present war, the neutrality of the United States, as defined by the proclamation of the President thereof, of the ______ day of_____________ of the year________, and that I will not leave the limits of parole, as herein prescribed, without special permission from the President of the United States or his duly authorized agent; nor will I visit, without special permission from the commandant, the buildings or territory forbidden by him.

(b) To the commanding officer's parole shall be added the following:

I do further promise that I will adequately punish, or recommend to my superior officer for punishment, or surrender to the United States authorities, if requested, any officer or enlisted man under my command violating the terms of his parole.

(c) The following form of parole is prescribed for the commanding officer on behalf of all members of his command, except commissioned officers, desiring parole:

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I hereby state that there is no regulation issued by the government of my own country which prohibits my giving this parole, and I do hereby promise, on behalf of all members of my command herein listed, other than commissioned officers, that they will each and all strictly observe, during the present war, the neutrality of the United States, as defined by the proclamation of the President thereof, of the ___ day of ______________ of the year _________, and that they will not leave the limits of parole as herein prescribed, without special permission from the President of the United States or his duly authorized agent; nor will they visit, without special permission from the commandant, the buildings or territory forbidden by him.

(d) The commandant shall insert on all paroles the limits for which each shall be effective and, in the case of limited paroles, the purpose for which granted.

(e) The commandant shall prescribe such additional restrictions in regard to visiting public buildings or territory within the prescribed limits which, in his opinion, should not be visited by interns.

(f) All paroles shall be signed in triplicate, one copy to be retained by the commandant and two to be sent to the Secretary of the Navy, one of which will be forwarded to the government of the interns.

Article 30. Classes of Interns.

For the purpose of granting privileges to interns on parole, the following classes are established:

    Class 1. All commissioned officers excluding the commanding officer.

    Class 2. All officers other than commissioned officers.

    Class 3. Petty officers of all grades.

    Class 4. All enlisted men other than petty officers.

Article 31. Leave of Absence.

(a) The commandant is authorized to prescribe the conditions under which the commanding officer of the interned vessel may grant leave, within the limits prescribed in their paroles, to the members of his command who have been paroled.

(b) While it is intended by the preceding article to allow the interns the widest latitude consistent with the terms of their parole, yet nothing contained therein shall be construed as in any degree restricting the right of the commandant to have interns mustered by the officers under his command, or limiting his authority to withdraw privileges or restrict the interns individually, by classes, or as a body, if, in his opinion, the neutrality of the United States is being either directly or indirectly violated, or if for any reason it becomes desirable to do so. In fact, it is his duty to do this if he has reason to believe that the privileges granted are being in any way abused.

Article 32. Hospital Privileges.

(a) At the request of the commanding officer of the interned vessel, sick or wounded may be transferred to a United States naval hospital for treatment, or, with the approval of the hospital authorities concerned, to hospitals of other government agencies. While within such hospital interns will be subject to the hospital regulations.

(b) Before being transferred to a hospital, a parole including the limits of the hospital shall be required of the individual or commanding officer as previously prescribed, provided the regulations of the government of the intern do not prohibit it.

(c) If the regulations of the government of the intern do prohibit the execution of paroles by such interns, the commandant is authorized, in case of necessity, to prescribe as the limits of internment such parts of the hospital as may be necessary. In this case, adequate guards shall be provided at the hospital.

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Article 33. Officer Responsible for Safe Custody of Interned Vessel and Her Officers and Crew.

The commanding officer of the United States vessel, or the detention guard in immediate charge of the supervision of the interned vessel, is responsible to the commandant for the safe custody of the ship and the interns.

Article 34. Correspondence.

All official correspondence from the interned vessel to the officials of the United States should be addressed to the commandant, or his designated representative.

Article 35. Expenses.

(a) All expenses incident to guarding the interned vessel and her personnel will be borne by the United States, and no charge will be made for the personal services of members of the naval service, including those of the medical corps, attending sick or wounded interns while in a naval hospital. All other expenses, including those of food, clothing, transportation, etc., will be borne by the belligerent; but if for any reason the commanding officer of the interned vessel should be unable to defray these expenses, payment thereof shall, upon approval by the commandant, be made by a disbursing officer of the Navy designated by the Commandant, and charged to the appropriation "Contingent, Navy."

(b) No expenses for which it is intended the government of the interns shall reimburse the Government of the United States shall be made without the knowledge and approval of the commanding officer of the interned vessel.

(c) An account covering the expenditures referred to in (b) above shall be prepared in duplicate and, after being properly certified as correct by the commanding officer of the interned vessel, shall be forwarded to the Secretary of the Navy for submission to the belligerent government for reimbursement.

(d) An accurate account of all expenditures made under authority of this article shall be kept in accordance with such instructions as may be issued by the Secretary of the Navy (Bureau of Supplies and Accounts).

Article 36. Display of National Ensign.

An interned ship of war shall be permitted to fly her national colors.

Article 37. Internment Under Army Custody.

If the Secretary of the Navy authorizes internment of a belligerent ship of war or personnel under custody of Army authorities, in accordance with article 18 (d), the commandant shall furnish such Army authorities full information in writing and shall obtain a receipt for the vessel and personnel so delivered.

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CHAPTER III. FORM LETTERS TO COMMANDING OFFICERS OF BELLIGERENT SHIPS OF WAR

Article 38. Letter of Instructions (Signed by the Commandant).

(a) The following form letter is given as a guide to commandants in issuing instructions to commanding officers of belligerent ships of war upon arrival. Should more than one such vessel arrive, the letter should be addressed to the commander of the force or detachment, and appropriate changes should be made in the text:

____________________________,          
____________________________,      
____________________________

Commanding Officer,

____________________________

SIR: I have the honor to inform you that by direction of the Secretary of the Navy I am charged with all matters relating to belligerent ships of war while within the jurisdictional limits of this naval district. (Commandants other than those of naval districts will substitute "station" or "district".) (See art. 39 for changes in this paragraph when letter is signed by a representative of the commandant.)

I enclose for your information a copy of the President's proclamation of neutrality. (If copies of other proclamations and executive orders are enclosed add "and copies of other pertinent proclamations and executive orders".)

The Government of the United States expects that while your vessel is within the jurisdiction of the United States:

1. You will comply with the provisions of the President's proclamation of neutrality and of all other proclamations and executive orders of which copies have been furnished you, and will insure that all persons under your command likewise comply with them.

2. You will not permit to be taken on board your vessel stores or materials of any kind without my permission, regardless of the length of your stay.

3. You will not permit any repairs whatsoever to be made to your vessel or to any aircraft attached thereto without my permission.

4. You will not permit your vessel, while within the waters of the United States to transfer any of her personnel, stores, or materials to another vessel without my permission.

5. You will not depart nor permit your vessel or any of the personnel on board thereof to depart from the jurisdiction of the United States without my permission.

6. You will not permit any person whatsoever, who was not present on board your vessel when she arrived within the jurisdiction of the United States, to leave the jurisdiction of the United States on board your vessel without my permission.

7. You will not permit the use of any radio or signal apparatus on board your vessel, except as provided in the President's proclamation (proclamations) (and executive orders).

8. You will not permit any aircraft attached to your vessel to be assembled, hoisted out, or flown, nor permit any aircraft to be taken on board.

It is desired that all requests in connection with the foregoing items, and similar matters, be submitted to me in writing. Such requests should be accompanied by complete information, as indicated in the form hereto attached, necessary for making a decision in the premises in accordance with the neutrality proclamation (proclamations) (and executive orders) of the President of the United States. Action by you shall be withheld until receipt of authorization from me. Such authorization shall be in writing unless, exceptionally, it is transmitted to you by official dispatch. In either case, the authorization shall be over my signature.

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Should the vessel under your command or any of her officers, crew, or passengers commit any act in violation of the neutrality of the United States, the action mentioned under 1, 2, or 3 below, as the circumstances may demand, will be taken by the United States:

If the act is committed by the vessel herself, or by individuals on board her with the cognizance of the commanding officer thereof:

1. Intern the vessel and her personnel; or

2. Require the vessel to depart from United States waters immediately, in which case she will be denied permission again to enter such waters during the continuance of the war.

If the act is committed by one or more individuals away from the ship without the cognizance of the commanding officer thereof:

3. Intern the individuals committing the act.

Respectfully,

_____________________________
____________________, U.S. Navy.

Commandant____________________________

(b) The following form may be used in connection with above letter or otherwise as appropriate in obtaining the information, declaration, and certificate required by article 15 of these instructions:

____________________________,          
____________________________,      
____________________________.

PART A

(1) Name of vessel ___________________________, type _______________________________________,
Nationality ____________________________.

(2) Name of commanding officer_______________________________________________________________, rank ___________________________, regular or reserve ________________________________________

(3) Owner of vessel __________________________________________________________________________;

(If the vessel is not government-owned and operated, but comes under the definition of a ship of war, give, under remarks, complete information as to ownership, charter, and status of officers and crew.)

(4) Arrival within the jurisdiction of the United States; hour ____________, date __________________, place ___________________.

(5) Desired departure from the jurisdiction of the United States; hour _____________, date _________________, place ________________.

(6) Last previous port _____________________________________________________________________.

(7) Nature of Service ______________________________________________________________________, purpose of visit __________________________________________________________________________.

(8) Port bound to __________________________________________________________________________

(9) Remarks _______________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

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PART B.FILL OUT IF SUPPLIES ARE DESIRED

(1) Supplies last received within jurisdiction of the United States; date ________________, port _________ _________, fuel _________________, lubricants ________________, feed water __________________, Provisions __________________.

(2) Supplies on board; fuel __________________, lubricants __________________, feed water ___________________, provisions _________________.

(3) Port to which it is desired that the vessel proceed _____________________________________________.

(4) Economical speed of the vessel ___________________________________________________________.

(5) Rate of consumption at such speed; fuel ____________________, lubricants ___________________, feed water _____________________.

(6) Supplies desired; fuel ____________________, lubricants _______________, feed water ______________,
provisions __________________________________________________________________________.

PART C. FILL OUT IF REPAIRS ARE DESIRED

(1) Nature of damage _____________________________________________________________________.

(2) Cause of damage _____________________________________________________________________.

(3) Exact nature of repairs desired ___________________________________________________________

PART D. FILL OUT IF SUPPLIES OR REPAIRS ARE DESIRED

I, _______________________________, hereby certify that the desired services as listed above are in accord with the rules and regulations of the United States as prescribed in the proclamations and executive orders copies of which have been furnished me.

________________________________________________,
(Signature)

_________________________________________,
(Rank)

Commanding________________________________.

Article 39. Letter of Instructions (Signed by Representative of the Commandant).

When the letter of instructions set forth in article 38 is to be signed by a representative of the commandant, indicated paragraphs thereof should be modified as follows:

I have the honor to inform you that by direction of the Secretary of the Navy the commandant of the (______________________________________naval district) (naval station at____________________________) is charged with all matters relating to belligerent ships of war while within the jurisdictional limits of that (naval district) (naval station). The commandant has designated me as his representative in connection with the visit of your vessel.

It is desired that all requests in connection with the foregoing items, and other similar matters, be submitted to me in writing. Such requests should be accompanied by complete information, as indicated in form hereto attached, necessary for the commandant to make a decision in the premises in accordance with the neutrality proclamation (proclamations) (and executive orders) of the President of the United States. Action by you shall be withheld until receipt of written authorization in accordance with the decision of the commandant. Such authorization may, exceptionally, be transmitted to you by official dispatch. In either case, the authorization shall be over my signature.

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Article 40. Letter Advising of Internment.

The following form letter is given as a guide to commandants in advising a commanding officer that his vessel is to be interned. Appropriate changes shall be made if the letter is addressed to the commander of a detachment or force:

____________________________,
____________________________,
____________________________.

Commanding Officer,

____________________________

SIR: I have the honor to inform you that I have been directed by the Secretary of the Navy to intern the vessel under your command, together with her officers and crew. The Government of the United States expects that you will facilitate the execution of such measures as may be found necessary to render the vessel under your command incapable of again putting to sea during the war.

____________________________, United States Navy, will represent me for the time being.

I forward herewith copies of the instructions regarding internment for your information and guidance. I shall be pleased to be of any service to yourself, your officers, and crew. Respectfully,

____________________________,
____________________________U.S. Navy,

Commandant____________________________.

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CHAPTER IV. BELLIGERENT AIRCRAFT

Article 41. Definitions Pertaining to Aircraft.

Terms, as used in these instructions, are hereby defined as follows:

(a) "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air;

(b) "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes;

(c) "Civil aircraft" means an aircraft other than a public aircraft;

(d) "Military aircraft" means any aircraft commanded by a person in military service detailed for the purpose, or any other aircraft engaging in or intended to engage in any warlike operation or service.

(e) "Nonmilitary aircraft" means any aircraft other than a military aircraft;

(f) "Foreign air transportation" means the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by other forms of transportation.

Article 42. Applicability of These Instructions to Belligerent Aircraft.

The provisions of chapters I, II, and III of these instructions shall apply to belligerent aircraft for which the Navy is responsible in accordance with article 43 below, with such modifications as the nature of aircraft and instructions from the Secretary of Navy require.

Article 43. Aircraft for Which the Navy Is Responsible.

(a) It may be expected that an executive order will be issued fixing responsibility among the various departments and agencies of the United States Government for the enforcement of neutrality in connection with aircraft. It is contemplated that this executive order will make the Navy responsible for enforcing neutrality in connection with belligerent public aircraft which land at naval air stations or in waters under the jurisdiction of the United States, and, to the extent necessary and practicable, in connection with such aircraft while in flight en route so to land under authority granted by the United States.

(b) In the absence of such an executive order, the Secretary of the Navy, as indicated in the letter of promulgation of these instructions, will indicate the categories of aircraft for which the Navy shall have such responsibility.

Article 44. Proclamation Concerning Neutrality in Connection With Aircraft.

(a) The President may or may not issue initially a proclamation concerning neutrality in connection with aircraft, and prescribing regulations in connection therewith. The issuance of such a proclamation will largely depend upon the probability of the entry of belligerent aircraft into the jurisdiction of the United States.

(b) When such a proclamation is issued, the provisions thereof shall govern in deciding all questions pertaining to belligerent aircraft entering the jurisdiction of the United States.

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Article 45. Action in Absence of Proclamation.

(a) In the absence of a proclamation concerning aircraft, or instructions from the Secretary of the Navy, all belligerent aircraft, for which the Navy is responsible as indicated in article 43, landing within the jurisdiction of the United States, shall be held by the senior officer present and a full report (art. 47) made by urgent dispatch to the Secretary of the Navy requesting instructions, information the commandant concerned. Also see articles 46 and 48.

(b) The Secretary of the Navy will issue instructions in the premises upon receipt of the foregoing information.

Article 46. Control of Aircraft in Flight.

While it is expected, as indicated in article 43 (a), that the Navy will be responsible for enforcing neutrality in connection with certain categories of belligerent aircraft while in flight within the jurisdiction of the United States, it is not contemplated that it will be necessary to establish ground observation posts or air patrols, or to meet or escort such aircraft. Such measures, if necessary in an emergency, will be initiated by the senior officer present, but the general application of such measures will be initiated only on orders of the Chief of Naval Operations.

Article 47. Information To Be Furnished.

(a) The information to be furnished in regard to aircraft, in lieu of that prescribed in article 15 (a), shall be as follows:

(1) Number and type of aircraft;

(2) Nation in which registered;

(3) Classification as to military or nonmilitary;

(4) Classification as to public or civil; if public, the government agency to which it belongs and whether or not the flight has been authorized by the United States (Secretary of State); if civil, the name, address, and nationality of the owner;

(5) Whether or not engaged in foreign air transportation; and, if so, whether or not there is in force a permit from the Civil Aeronautics Authority so to engage;

(6) The name, nationality, rank (if any), and the status as to civil or military of the person in charge or command;

(7) Point of origin of the flight, itinerary, and ultimate destination;

(8) Hour, date, and place of arrival within the jurisdiction of the United States;

(9) Hour, date, and place desired to depart from the jurisdiction of the United States, with route and any further landing points;

(b) The provisions of article 15 (b), (c), (d), (e), and (f) apply to aircraft, omitting provisions concerning feed water.

Article 48. Belligerent Aircraft, Other Than Those for Which the Navy is Responsible, Landing at Naval Air Stations.

If belligerent aircraft, other than those for which the Navy is responsible, land at naval air stations, the senior officer present shall request instructions from the Secretary of the Navy by urgent dispatch, information the commandant concerned. Full information shall be given for transmission to the department or agency of the United States Government having jurisdiction over the aircraft. Pending receipt of instructions, such aircraft shall be held by the senior officer present.

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Part II
Appendices Consisting of Laws, Proclamations, Executive Orders, etc.

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[Blank]

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APPENDIX A. NEUTRALITY PROCLAMATIONS

[No. 2348 of Sept. 5, 1939 (Alnav 38-1939)]

PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY AND FRANCE; POLAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA AND NEW ZEALAND

WHEREAS a state of war unhappily exists between Germany and France; Poland; and the United Kingdom, India, Australia and New Zealand;

AND WHEREAS the United States is on terms of friendship and amity with the contending powers, and with the persons inhabiting their several dominions;

AND WHEREAS there are nationals of the United States residing within the territories or dominions of each of the said belligerents, and carrying on commerce, trade, or other business or pursuits therein;

AND WHEREAS there are nationals of each of the said belligerents residing within the territory or jurisdiction of the United States, and carrying on commerce, trade, or other business or pursuits therein;

AND WHEREAS the laws and treaties of the United States, without interfering with the free expression of opinion and sympathy, nevertheless impose upon all persons who may be within their territory and jurisdiction the duty of an impartial neutrality during the existence of the contest;

AND WHEREAS it is the duty of a neutral government not to permit or suffer the making of its territory or territorial waters subservient to the purposes of war;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that by certain provisions of the act approved on the 4th day of March, A. D. 1909, commonly known as the "Penal Code of the United States" and of the act approved on the 15th day of June, A. D. 1917, the following acts are forbidden to be done, under severe penalties, within the territory and jurisdiction of the United States, to wit:

1. Accepting and exercising a commission to serve one of the said belligerents by land or by sea against an opposing belligerent.

2. Enlisting or entering into the service of a belligerent as a soldier, or as a marine, or seaman on board of any ship of war, letter of marque, or privateer.

3. Hiring or retaining another person to enlist or enter himself in the service of a belligerent as a soldier, or as a marine, or seaman on board of any ship of war, letter of marque, or privateer.

4. Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be enlisted as aforesaid.

5. Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be entered into service as aforesaid.

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6. Retaining another person to go beyond the limits or jurisdiction of the United States to be enlisted as aforesaid.

7. Retaining another person to go beyond the limits or jurisdiction of the United States with intent to be entered into service as aforesaid. (But the said act of the 4th day of March, A. D. 1909, as amended by the act of the 15th day of June, A. D. 1917, is not to be construed to extend to a citizen or subject of a belligerent who, being transiently within the jurisdiction of the United States, shall, on board of any ship of war, which, at the time of its arrival within the jurisdiction of the United States, was fitted and equipped as such ship of war, enlist or enter himself or hire or retain another subject or citizen of the same belligerent, who is transiently within the jurisdiction of the United States, to enlist or enter himself to serve such belligerent on board such ship of war, if the United States shall then be at peace with such belligerent.)

8. Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of one of the said belligerents to cruise, or commit hostilities against the subjects, citizens, or property of an opposing belligerent.

9. Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid.

10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the jurisdiction of the United States was a ship of war, cruiser, or armed vessel in the service of a belligerent, or belonging to a national thereof, by adding to the number of guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by the addition thereto of any equipment solely applicable to war.

11. Knowingly beginning or setting on foot or providing or preparing a means for or furnishing the money for, or taking part in, any military or naval expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territory or dominion of a belligerent.

12. Despatching from the United States, or any place subject to the jurisdiction thereof, any vessel, domestic or foreign, which is about to carry to a warship, tender, or supply ship of a belligerent any fuel, arms, ammunition, men, supplies, despatches, or information shipped or received on board within the jurisdiction of the United States.

13. Despatching from the United States, or any place subject to the jurisdiction thereof, any armed vessel owned wholly or in part by American citizens, or any vessel, domestic or foreign (other than one which has entered the jurisdiction of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, and which is to be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of a belligerent nation, or which will be sold or delivered to a belligerent nation, or to an agent, officer, or citizen thereof, within the jurisdiction of the United States, or, having left that jurisdiction, upon the high seas.

14. Despatching from the United States, or any place subject to the jurisdiction thereof, any vessel built, armed, or equipped as a ship of war, or converted from a private vessel into a ship of war (other than one which has entered the jurisdiction of the United States as a public vessel), with any intent or under any agreement or contract, written or oral, that such vessel

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shall be delivered to a belligerent nation, or to any agent, officer, or citizen of such nation, or where there is reasonable cause to believe that the said vessel shall or will be employed in the service of such belligerent nation after its departure from the jurisdiction of the United States.

15. Taking, or attempting or conspiring to take, or authorizing the taking of any vessel out of port or from the jurisdiction of the United States in violation of the said act of the 15th day of June, A.D. 1917, as set forth in the preceding paragraphs numbered 11 to 14 inclusive.

16. Leaving or attempting to leave the jurisdiction of the United States by a person belonging to the armed land or naval forces of a belligerent who shall have been interned within the jurisdiction of the United States in accordance with the law of nations, or leaving or attempting to leave the limits of internment in which freedom of movement has been allowed, without permission from the proper official of the United States in charge, or wilfully overstaying a leave of absence granted by such official.

17. Aiding or enticing any interned person to escape or attempt to escape from the jurisdiction of the United States, or from the limits of internment prescribed.

AND I do hereby further declare and proclaim that any frequenting and use of the waters within the territorial jurisdiction of the United States by the vessels of a belligerent, whether public ships or privateers for the purpose of preparing for hostile operations, or as posts of observation upon the ships of war or privateers or merchant vessels of an opposing belligerent must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the determination of this government to observe; and to the end that the hazard and inconvenience of such apprehended practices may be avoided, I further proclaim and declare that from and after the fifth day of September instant, and so long as this proclamation shall be in effect, no ship of war or privateer of any belligerent shall be permitted to make use of any port, harbor, roadstead, or waters subject to the jurisdiction of the United States as a station or place of resort for any warlike purpose or for the purpose of obtaining warlike equipment; no privateer of a belligerent shall be permitted to depart from any port, harbor, roadstead, or waters subject to the jurisdiction of the United States; and no ship of war of a belligerent shall be permitted to sail out of or leave any port, harbor, roadstead, or waters subject to the jurisdiction of the United States from which a vessel of an opposing belligerent (whether the same shall be a ship of war or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last mentioned vessel beyond the jurisdiction of the United States.

If any ship of war of a belligerent shall, after the time this notification takes effect, be found in, or shall enter any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, such vessel shall not be permitted to remain in such port, harbor, roadstead, or waters more than twenty-four hours, except in case of stress of weather, or for delay in receiving supplies or repairs, or when detained by the United States; in any of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as the cause of the delay is at an end, unless within the preceding twenty-four hours a vessel, whether ship of war or merchant ship of an opposing belligerent, shall have departed therefrom, in which case the time limited for the departure of such ship of war shall be extended so far as may be necessary to secure an interval of not less than twenty-four hours between such departure and that of any ship of war or merchant ship of an opposing belligerent which may have previously quit the same port, harbor, roadstead, or waters.

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Vessels used exclusively for scientific, religious, or philanthropic purposes are exempted from the foregoing provisions as to the length of time ships of war may remain in the ports, harbors, roadsteads, or waters subject to the jurisdiction of the United States.

The maximum number of ships of war belonging to a belligerent and its allies which may be in one of the ports, harbors, or roadsteads subject to the jurisdiction of the United States simultaneously shall be three.

When ships of war of opposing belligerents are present simultaneously in the same port, harbor, roadstead, or waters, subject to the jurisdiction of the United States, the one entering first shall depart first, unless she is in such condition as to warrant extending her stay. In any case the ship which arrived later has the right to notify the other through the competent local authority that within twenty-four hours she will leave such port, harbor, roadstead, or waters, the one first entering, however, having the right to depart within that time. If the one first entering leaves, the notifying ship must observe the prescribed interval of twenty-four hours. If a delay beyond twenty-four hours from the time of arrival is granted, the termination of the cause of delay will be considered the time of arrival in deciding the right of priority in departing.

Vessels of a belligerent shall not be permitted to depart successively from any port, harbor, roadstead, or waters subject to the jurisdiction of the United States at such intervals as will delay the departure of a ship of war of an opposing belligerent from such ports, harbors, roadsteads, or waters for more than twenty-four hours beyond her desired time of sailing. If, however, the departure of several ships of war and merchant ships of opposing belligerents from the same port, harbor, roadstead, or waters is involved, the order of their departure therefrom shall be so arranged as to afford the opportunity of leaving alternately to the vessels of the opposing belligerents, and to cause the least detention consistent with the objects of this proclamation.

All belligerent vessels shall refrain from use of their radio and signal apparatus while in the harbors, ports, roadsteads, or waters subject to the jurisdiction of the United States, except for calls of distress and communications connected with safe navigation or arrangements for the arrival of the vessel within, or departure from, such harbors, ports, roadsteads, or waters, or passage through such waters; provided that such communications will not be of direct material aid to the belligerent in the conduct of military operations against an opposing belligerent. The radio of belligerent merchant vessels may be sealed by the authorities of the United States, and such seals shall not be broken within the jurisdiction of the United States except by proper authority of the United States.

No ship of war of a belligerent shall be permitted, while in any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew in amounts necessary to bring such supplies to her peace standard, and except such fuel, lubricants, and feed water only as may be sufficient, with that already on board, to carry such vessel, if without any sail power, to the nearest port of her own country; or in case a vessel is rigged to go under sail, and may also be propelled by machinery, then half the quantity of fuel, lubricants, and feed water which she would be entitled to have on board, if dependent upon propelling machinery alone, and no fuel, lubricants, or feed water shall be again supplied to any such ship of war in the same or any other port, harbor, roadstead, or waters subject to the jurisdiction of the United States until after the expiration of three months from the time when such fuel, lubricants, and feed

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water may have been last supplied to her within waters subject to the jurisdiction of the United States. The amounts of fuel, lubricants, and feed water allowable under the above provisions shall be based on the economical speed of the vessel, plus an allowance of thirty per centum for eventualities.

No ship of war of a belligerent shall be permitted, while in any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, to make repairs beyond those that are essential to render the vessel seaworthy and which in no degree constitute an increase in her military strength. Repairs shall be made without delay. Damages which are found to have been produced by the enemy's fire shall in no case be repaired.

No ship of war of a belligerent shall effect repairs or receive fuel, lubricants, feed water, or provisions within the jurisdiction of the United States without written authorization of the proper authorities of the United States. Before such authorization will be issued, the commander of the vessel shall furnish to such authorities a written declaration, duly signed by such commander, stating the date, port, and amounts of supplies last received in the jurisdiction of the United States, the amounts of fuel, lubricants, feed water, and provisions on board, the port to which the vessel is proceeding, the economical speed of the vessel, the rate of consumption of fuel, lubricants, and feed water at such speed, and the amount of each class of supplies desired. If repairs are desired, a similar declaration shall be furnished stating the cause of the damage and the nature of the repairs. In either case, a certificate shall be included to the effect that the desired services are in accord with the rules of the United States in that behalf.

No agency of the United States Government shall, directly or indirectly, provide supplies nor effect repairs to a belligerent ship of war.

No vessel of a belligerent shall exercise the right of search within the waters under the jurisdiction of the United States, nor shall prizes be taken by belligerent vessels within such waters. Subject to any applicable treaty provisions in force, prizes captured by belligerent vessels shall not enter any port, harbor, roadstead, or waters under the jurisdiction of the United States except in case of unseaworthiness, stress of weather, or want of fuel or provisions; when the cause has disappeared, the prize must leave immediately, and if a prize captured by a belligerent vessel enters any port, harbor, roadstead, or waters subject to the jurisdiction of the United States for any other reason than on account of unseaworthiness, stress of weather, or want of fuel or provisions, or fails to leave as soon as the circumstances which justified the entrance are at an end, the prize with its officers and crew will be released and the prize crew will be interned. A belligerent Prize Court cannot be set up on territory subject to the jurisdiction of the United States or on a vessel in the ports, harbors, roadsteads, or waters subject to the jurisdiction of the United States.

The provisions of this proclamation pertaining to ships of war shall apply equally to any vessel operating under public control for hostile or military purposes.

AND I do further declare and proclaim that the statutes and the treaties of the United States and the law of nations alike require that no person, within the territory and jurisdiction of the United States, shall take part, directly or indirectly, in the said war, but shall remain at peace with all of the said belligerents, and shall maintain a strict and impartial neutrality.

AND I do further declare and proclaim that the provisions of this proclamation shall apply to the Canal Zone except in so far as such provisions may be specifically modified by a proclamation or proclamations issued for the Canal Zone.

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AND I do hereby enjoin all nationals of the United States, and all persons residing or being within the territory or jurisdiction of the United States, to observe the laws thereof, and to commit no act contrary to the provisions of the said statutes or treaties or in violation of the law of nations in that behalf.

AND I do hereby give notice that all nationals of the United States and others who may claim the protection of this government, who may misconduct themselves in the premises, will do so at their peril, and that they can in no wise obtain any protection from the government of the United States against the consequences of their misconduct.

This proclamation shall continue in full force and effect unless and until modified, revoked, or otherwise terminated, pursuant to law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the city of Washington this fifth day of September in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

By the President: FRANKLIN D ROOSEVELT

CORDELL HULL,
      Secretary of State

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[No. 2353 of Sept, 8, 1939 (Alnav 44-1939)]

PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND THE UNION OF SOUTH AFRICA, ON THE OTHER HAND

WHEREAS a state of war unhappily exists between Germany, on the one hand, and the Union of South Africa, on the other hand;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France, Poland, and the United Kingdom, India, Australia, and New Zealand apply equally in respect to the Union of South Africa.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this 8th day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[No. 2359 of Sept. 10, 1939]

PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND CANADA, ON THE OTHER HAND

WHEREAS a state of war unhappily exists between Germany, on the one hand, and Canada, on the other hand;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France, Poland, and the United Kingdom, India, Australia, and New Zealand apply equally in respect to Canada.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this 10th day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Presidential Proclamation No. 2399 of April 25, 1940]

PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND NORWAY, ON THE OTHER HAND

WHEREAS a state of war unhappily exists between Germany, on the one hand, and Norway, on the other hand;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France, Poland, and the United Kingdom, India, Australia, and New Zealand apply equally in respect to Norway.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 25th day of April, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Blank]

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[Presidential Proclamation No. 2405 of May 11, 1940]

PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND BELGIUM, LUXEMBURG, AND THE NETHERLANDS, ON THE OTHER HAND

WHEREAS a state of war unhappily exists between Germany, on the one hand, and Belgium, Luxemburg, and the Netherlands, on the other hand;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France; Poland; and the United Kingdom, India, Australia and New Zealand apply equally in respect to Belgium, Luxemburg, and the Netherlands.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this eleventh day of May, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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APPENDIX B. REGULATIONS GOVERNING ENFORCEMENT OF NEUTRALITY

[Executive Order No. 8233 of Sept. 5, 1939 (Alnav 39-1939)]

PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES

WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

AND WHEREAS, a proclamation was issued by me on the fifth day of September declaring the neutrality of the United States of America in the war now existing: between Germany and France; Poland; and the United Kingdom, India, Australia and New Zealand:

NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that, during said war, the departments and independent offices and establishments of the United States Government shall have the following duties to perform in enforcing the neutrality of the United States, which duties shall be in addition to the duties now prescribed, or hereafter prescribed, by law, or by other executive order or regulation not in conflict herewith, for the departments and independent offices and establishments of the United States Government:

1. War Department: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation so far as concerns the military land forces of neutral and belligerent powers; except as provided in paragraphs numbered 2b and 4 hereof.

2. Navy Department: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation, (a) so far as concerns vessels of the naval establishments of neutral and belligerent powers and other vessels operating for hostile or military purposes, except as provided in paragraph numbered 4 hereof; (b) enforcement of the neutrality of the United States as prescribed in said proclamation in outlying possessions subject to the exclusive jurisdiction of the Navy Department; (c) in the Philippine Islands, enforcement of the neutrality of the United States as respects all vessels as prescribed in said proclamation, with the special cooperation of the Department of State and the Department of the Interior.

3. Treasury Department and Commerce Department: (Under such further division of responsibility as the Secretary of the Treasury and the Secretary of Commerce may mutually agree upon). Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation so far as concerns all vessels except those referred to in paragraph numbered 2 hereof, with the special cooperation of the Department of the Interior in the territories and outlying possessions where the Treasury Department and the Commerce Department are required by law to carry out their respective functions, and except in the Philippine Islands, the Canal Zone, and the outlying possessions subject to the exclusive jurisdiction of the Navy Department.

4. Governor of the Panama Canal: Enforcement within the Canal Zone of the neutrality of the United States as prescribed in the above-mentioned proclamation, and administrative action in connection therewith. The military and naval forces stationed in the Canal Zone

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shall give him such assistance for this purpose as he may request. If an officer of the Army shall be designated to assume authority and jurisdiction over the operation of the Panama Canal as provided in Section 8 of Title 2 of the Canal Zone Code, such officer of the Army shall thereafter have the duties above assigned to the Governor of the Panama Canal.

5. Department of Justice: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation, not especially delegated to other departments, independent offices and establishments of the United States Government, and prosecution of violations of the neutrality of the United States.

6. All Departments and Independent Offices and Establishments of the United States: Enforcement of neutrality in connection with their own activities, furnishing information to, and assisting all other departments and independent offices and establishments of the United States Government in connection with the duties herein assigned; and issuing rules and regulations necessary for carrying out the duties herein assigned.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    September 5, 1939.

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[Executive Order No. 8243 of September 8, 1939]

PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES

WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

AND WHEREAS, a proclamation was issued by me on the 8th day of September declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and the Union of South Africa, on the other hand:

NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States, apply equally in respect to the Union of South Africa.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    September 8th, 1939.

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[Executive Order No. 8249 of September 10, 1939]

PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES

WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

AND WHEREAS, a proclamation was issued by me on the 10th day of September declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and Canada, on the other hand:

NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States, apply equally in respect to Canada.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE
    September 10, 1939.

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[Executive Order No. 8398 of April 25, 1940]

PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES

WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

AND WHEREAS, a proclamation was issued by me on the 25th day of April declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and Norway, on the other hand:

NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States, apply equally in respect to Norway.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    April 25, 1940.

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[Blank]

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(Executive Order No. 8406 of May 11, 1940)

PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES

WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

AND WHEREAS, a proclamation was issued by me on the eleventh day of May declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and Belgium, Luxemburg, and the Netherlands, on the other hand:

NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States apply equally in respect to Belgium, Luxemburg, and the Netherlands.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    May 11, 1940.

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[Blank]

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APPENDIX C. NEUTRALITY IN THE CANAL ZONE

[Presidential Proclamation No. 2350 of September 5, 1939.]

PRESCRIBING REGULATIONS CONCERNING NEUTRALITY IN THE CANAL ZONE

WHEREAS a proclamation having been issued by me on the fifth day of September instant declaring the neutrality of the United States of America in the war now existing between Germany and France; Poland; the United Kingdom, India, Australia and New Zealand;

AND WHEREAS the provisions of the said proclamation apply to the Canal Zone except in so far as such provisions may be modified by a proclamation issued for the Canal Zone;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do declare and proclaim that, from and after the fifth day of September instant, the said proclamation issued by me on the fifth day of September instant, in its application to the Canal Zone, is hereby modified as follows:

1. The limit of twenty-four hours prescribed by the above proclamation, with certain exceptions, as the maximum time a belligerent ship of war may remain within the jurisdiction of the United States shall apply to the total time such ship of war may remain in all the waters of the Canal Zone, except that the time required to transit the Canal shall be in addition to the prescribed twenty-four hours. Such transit shall be effected with the least possible delay in accordance with the Canal regulations in force, and only with such intermission as may result from the necessities of the service.

2. The maximum number of ships of war belonging to a belligerent and its allies which may be simultaneously in either terminal port and the terminal waters adjacent to such port shall be three. The maximum number of such vessels in all the waters of the Canal Zone simultaneously, including those in transit through the Canal, shall be six.

3. Belligerent ships of war, not carrying aircraft, departing from the jurisdiction of the Canal Zone from one of the terminal ports shall not be required to observe the prescribed interval of time between such departure and the departure from such jurisdiction of a vessel of an opposing belligerent from the other terminal port.

4. The time of original arrival of vessels within the jurisdiction of the Canal Zone, whether or not they transit the Canal, shall be used as the time of arrival in deciding the right of priority, between vessels of opposing belligerents, in departing from the jurisdiction of the Canal Zone.

5. If a belligerent ship of war which has left the waters of the Canal Zone, whether she has transited the Canal or not, returns within a period of one week after her departure, she shall lose all right of priority in departure from the Canal Zone, or in passage through the Canal, over vessels of an opposing belligerent which may enter those waters after her return and before the expiration of one week subsequent to her previous departure. In any such case, the time of departure of a vessel which has so returned shall be fixed by the Canal authorities, who may in so doing consider the wishes of the commander or master of a vessel or vessels of an opposing belligerent then present within the waters of the Canal Zone.

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6. If it is wholly impossible, as determined by the Governor of the Panama Canal, for a belligerent ship of war to effect repairs through, or to obtain fuel, lubricants, feed water, and provisions from, a private contractor within the Canal Zone or the Republic of Panama, the agencies of the United States administered by the Canal authorities may, in order to facilitate the operation of the Canal or its appurtenances, effect such repairs and furnish such supplies in accordance with the Canal regulations in force, but when repairs and supplies are so obtained they shall be limited to such repairs and such amounts of fuel, lubricants, feed water, and provisions, with that already on board, as may be necessary to enable the vessel to proceed to the nearest accessible port, not an enemy port, in the general direction of her voyage, at which she can obtain further repairs or supplies necessary for the continuation of the voyage. The amounts of fuel, lubricants, feed water, and provisions so received shall be deducted from the amounts otherwise allowed in ports, harbors, roadsteads, and waters subject to the jurisdiction of the United States, including the Canal Zone, during any time within a period of three months thereafter. No public vessel of a belligerent shall receive fuel or lubricants while within the territorial waters of the Canal Zone except under written authorization of the Canal Authorities, specifying the amount of fuel and lubricants which may be received. Moreover, the repair facilities and docks belonging to the United States and administered by the Canal Authorities shall not be used by a public vessel of a belligerent, except when necessary in case of actual distress, and then only upon the order of the Canal Authorities, and only to the degree necessary to render the vessel seaworthy. Any work authorized shall be done with the least possible delay.

7. In the Canal Zone, prizes shall be in all respects subject to the same rule as ships of war of the belligerents.

AND I do further declare and proclaim that, from and after the fifth day of September instant, the following additional provisions shall be effective in the Canal Zone:

1. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the Canal Zone, except when required by the Canal authorities, or in case of accidental hindrance of the transit. In such cases the Canal authorities shall be the judges of the necessity, and the transit shall be resumed with all dispatch.

2. No belligerent aircraft shall be navigated into, within, or through the air spaces above the territory or waters of the Canal Zone.

3. The enforcement of neutrality of the United States within the Canal Zone and administrative action in connection therewith shall be the responsibility of the Governor of the Panama Canal; and the military and naval forces stationed in the Canal Zone shall give him such assistance for this purpose as he may request; provided that, if an officer of the Army is designated to assume authority and jurisdiction over the operation of the Panama Canal as provided in Section 8 of Title 2 of the Canal Zone Code, such officer of the Army shall thereafter have such responsibility.

AND I do further declare and proclaim that the provisions of this proclamation and the provisions of the proclamation of the fifth day of September instant are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its jurisdiction" prescribed by Executive Order No. 4314, of September 25, 1925, as amended.

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This proclamation shall continue in full force and effect unless and until modified, revoked, or otherwise terminated pursuant to law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the city of Washington this fifth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Blank]

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APPENDIX D. PASSAGE AND CONTROL OF VESSELS THROUGH PANAMA CANAL

[Executive Order No. 8234 of September 5, 1939]

PRESCRIBING REGULATIONS GOVERNING THE PASSAGE AND CONTROL OF VESSELS THROUGH THE PANAMA CANAL IN ANY WAR IN WHICH THE UNITED STATES IS NEUTRAL

WHEREAS the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations;

AND WHEREAS the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance within their power to carry out their obligations as a neutral;

AND WHEREAS treaties of the United Stairs require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of the so-called Huy-Pauncefote treaty concluded between the United States and Great Britain. November is, 1901;

NOW, THEREFORE, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24. 1912 (ch. 390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), 1 hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral;

1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a public vessel, including its crew and cargo, and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage.

2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed.

The foregoing regulations are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of September 25, 1925, as amended, and the provisions of proclamations and executive orders pertaining to the Canal Zone issued in conformity with the laws and treaties of the United States.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    September 5, 1939.

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[Executive Order No. 8382 of March 25, 1940]

AMENDMENT OF EXECUTIVE ORDER NO. 8234 OF SEPTEMBER 5, 1939, PRESCRIBING REGULATIONS GOVERNING THE PASSAGE AND CONTROL OP VESSELS THROUGH THE PANAMA CANAL IN ANY WAR IN WHICH THE UNITED STATES IS NEUTRAL

By virtue of the authority vested in me by section 9 of title 2 of the Canal Zone Code, approved June 19, 1934, Executive Order No. 8234 of September 5, 1939, prescribing regulations governing the passage and control of vessels through the Panama Canal in any war in which the United States is neutral, is hereby amended by adding thereto, immediately following paragraph numbered 2 thereof, a new paragraph numbered 3 reading as follows:

"3. Possession of cameras on board vessels; photographing from vessels. While on board any vessel in transit through the Panama Canal, no person shall (a) have or remain in possession of any camera, or (b) make any photograph, sketch, picture, drawing, map, or graphical representation of any of the locks of the Panama Canal, or of any portion of any such lock, or of any area within or adjacent to any such lock, or of any object or structure within or upon any such area, without first obtaining the permission of the Governor of The Panama Canal, and promptly submitting the product obtained to the Governor for such action as he may deem necessary. The master of every vessel that transits the Panama Canal (a) shall prior to the beginning of each transit cause all cameras on board such vessel, or which are brought on board by embarking passengers, or otherwise, to be collected and delivered to him, and shall retain the said cameras in his possession, in a secure and inaccessible place, until the disembarkation of the original possessors thereof or until the transit through the Canal is completed, and (b) shall during such transit take such further action, in cooperation with the Canal authorities, as may be necessary to prevent the making, by any person on board such vessel in the waters of the Canal Zone, of any photograph, sketch, picture, drawing, map, or graphical representation which is forbidden by this paragraph; but these provisions shall not apply with respect to any person who has obtained permission as provided in this paragraph. Any person who shall violate any provision of this paragraph shall be punishable as provided in section 9 of title 2 of the Canal Zone Code."

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    March 25, 1940.

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APPENDIX E. CONTROL OF PANAMA CANAL AND CANAL ZONE

[Executive Order No. 8232 of September 5, 1939 (Alnav 41-1939)]

CONTROL OF THE PANAMA CANAL AND THE CANAL ZONE

By virtue of the power and authority vested in and conferred upon me by section 8 of title 2 of the Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), and as President of the United States, it is hereby ordered that the Officer of the Army commanding the United States Troops stationed in the Canal Zone shall, until otherwise ordered, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone; and, while this order is in force, the Governor of the Panama Canal shall, in all respects and particulars as to the operation of the Panama Canal and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of the Officer of the Army herein designated.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    September 5, 1939.

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APPENDIX F. LIMITED NATIONAL EMERGENCY

[Presidential Proclamation No. 2352 of September 8, 1939 (Alnav 42-1939)]

PROCLAIMING A NATIONAL EMERGENCY IN CONNECTION WITH THE OBSERVANCE, SAFEGUARDING, AND ENFORCEMENT OF NEUTRALITY AND THE STRENGTHENING OF THE NATIONAL DEFENSE WITHIN THE LIMITS OF PEACE-TIME AUTHORIZATIONS

WHEREAS a proclamation issued by me on September 5, 1939, proclaimed the neutrality of the United States in the war now unhappily existing between certain nations; and

WHEREAS this state of war imposes on the United States certain duties with respect to the proper observance, safeguarding, and enforcement of such neutrality, and the strengthening of the national defense within the limits of peace-time authorizations; and

WHEREAS measures required at this time call for the exercise of only a limited number of the powers granted in a national emergency:

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do proclaim that a national emergency exists in connection with and to the extent necessary for the proper observance, safeguarding, and enforcing of the neutrality of the United States and the strengthening of our national defense within the limits of peace-time authorizations. Specific directions and authorizations will be given from time to time for carrying out these two purposes.

IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this eighth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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APPENDIX G. NEUTRALITY ACT OF 1939

[PUBLIC RESOLUTION - NO. 54 - 76TH CONGRESS]

[CHAPTER 2 - 2d SESSION]

[H. J. Res. 306]

JOINT RESOLUTION

To preserve the neutrality and the peace of the United States and to secure the safety of its citizens and their interests

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; 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 joint resolution or any other domestic legislation in the interests of the peace, security, or welfare of the United States and its people: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

PROCLAMATION OF A STATE OF WAR BETWEEN FOREIGN STATES

SECTION 1. (a) That 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) 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.

COMMERCE WITH STATES ENGAGED IN ARMED CONFLICT

SEC. 2. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a) it shall thereafter be unlawful for any American vessel to carry any passengers or any articles or materials to any state named in such proclamation.

(b) Whoever shall violate any of the provisions of subsection (a) of this section or of any regulations issued thereunder shall, upon conviction thereof, be fined not more than $50,000

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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.

(c) Whenever the President shall have issued a proclamation under the authority of section 1 (a) it shall thereafter be unlawful to export or transport, or attempt to export or transport, or cause to be exported or transported, from the United States to any state named in such proclamation, any articles or materials (except copyrighted articles or materials) until all right, title, and interest therein shall have been transferred to some foreign government, agency, institution, association, partnership, corporation, or national. Issuance of a bill of lading under which title to the articles or materials to be exported or transported passes to a foreign purchaser unconditionally upon the delivery of such articles or materials to a carrier, shall constitute a transfer of all right, title, and interest therein within the meaning of this subsection. The shipper of such articles or materials shall be required to file with the collector of the port from or through which they are to be exported a declaration under oath that he has complied with the requirements of this subsection with respect to transfer of right, title, and interest in such articles or materials, and that he will comply with such rules and regulations as shall be promulgated from time to time. Any such declaration so filed shall be a conclusive estoppel against any claim of any citizen of the United States of right, title, or interest in such articles or materials, if such citizen had knowledge of the filing of such declaration; and the exportation or transportation of any articles or materials without filing the declaration required by this subsection shall be a conclusive estoppel against any claim of any citizen of the United States of right, title, or interest in such articles or materials, if such citizen had knowledge of such violation. No loss incurred by any such citizen (1) in connection with the sale or transfer of right, title, and interest in any such articles or materials or (2) in connection with the exportation or transportation of any such copyrighted articles or materials, shall be made the basis of any claim put forward by the Government of the United States.

(d) Insurance written by underwriters on articles or materials included in shipments which are subject to restrictions under the provisions of this joint resolution, and on vessels carrying such shipments shall not be deemed an American interest therein, and no insurance policy issued on such articles or materials, or vessels, and no loss incurred thereunder or by the owners of such vessels, shall be made the basis of any claim put forward by the Government of the United States.

(e) Whenever any proclamation issued under the authority of section 1 (a) 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.

(f) The provisions of subsection (a) of this section shall not apply to transportation by American vessels on or over lakes, rivers, and inland waters bordering on the United States, or to transportation by aircraft on or over lands bordering on the United States; and the provisions of subsection (c) of this section shall not apply (1) to such transportation of any articles or materials other than articles listed in a proclamation referred to in or issued under the authority of section 12 (i), or (2) to any other transportation on or over lands bordering on the United States of any articles or materials other than articles listed in a proclamation referred to in or issued under the authority of section 12 (i); and the provisions of subsections (a) and (c) of this section shall not apply to the transportation referred to in this subsection and subsections (g)

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and (h) of any articles or materials listed in a proclamation referred to in or issued under the authority of section 12 (i) if the articles or materials so listed are to be used exclusively by American vessels, aircraft, or other vehicles in connection with their operation and maintenance.

(g) The provisions of subsections (a) and (c) of this section shall not apply to transportation by American vessels (other than aircraft) of mail, passengers, or any articles or materials (except articles or materials listed in a proclamation referred to in or issued under the authority of section 12 (i)) (1) to any port in the Western Hemisphere south of thirty-five degrees north latitude, (2) to any port in the Western Hemisphere north of thirty-five degrees north latitude and west of sixty-six degrees west longitude, (3) to any port on the Pacific or Indian Oceans, including the China Sea, the Tasman Sea, the Bay of Bengal, and the Arabian Sea, and any other dependent waters of either of such any port on the Atlantic Ocean or its dependent waters south of thirty degrees north latitude. The exceptions contained in this subsection shall not apply to any such port which is included within a combat area as defined in section 3 which applies to such vessels.

(h) The provisions of subsections (a) and (c) of this section shall not apply to transportation by aircraft of mail, passengers, or any articles or materials (except articles or materials listed in a proclamation referred to in or issued under the authority of section 12 (i)) (1) to any port in the Western Hemisphere, or (2) to any port on the Pacific or Indian Oceans, including the China Sea, the Tasman Sea, the Bay of Bengal, and the Arabian Sea, and any other dependent waters of either of such oceans, seas, or bays. The exceptions contained in this subsection shall not apply to any such port which is included within a combat area as defined in section 3 which applies to such aircraft.

(i) Every American vessel to which the provisions of subsections (g) and (h) apply, and every neutral vessel to which the provisions of subsection (1) apply, shall, before departing from a port or from the jurisdiction of the United States, file with the collector of customs of the port of departure, or if there is no such collector at such port then with the nearest collector of customs, a sworn statement (1) containing a complete list of all the articles and materials carried as cargo by such vessel, and the names and addresses of the consignees of all such articles and materials and (2) stating the ports at which such articles and materials are to be unloaded and the ports of call of such vessel. All transportation referred to in subsections (f), (g), (h), and (l) of this section shall be subject to such restrictions, rules, and regulations as the President shall prescribe; but no loss incurred in connection with any transportation excepted under the provisions of subsections (g), (h), and (l) of this section shall be made the basis of any claim put forward by the Government of the United States.

(j) Whenever all proclamations issued under the authority of section 1 (a) shall have been revoked, the provisions of subsections (f), (g), (h), (i), and (l) of this section shall expire.

(k) The provisions of this section shall not apply to the current voyage of any American vessel which has cleared for a foreign port and has departed from a port or from the jurisdiction of the United States in advance of (1) the date of enactment of this joint resolution, or (2) any proclamation issued after such date under the authority of section 1 (a) of this joint resolution; but any such vessel shall proceed at its own risk after either of such dates, and no loss incurred in connection with any such vessel or its cargo after either of such dates shall be made the basis of any claim put forward by the Government of the United States.

(1) The provisions of subsection (c) of this section shall not apply to the transportation by a neutral vessel to any port referred to in subsection (g) of this section of any articles or materials

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(except articles or materials listed in a proclamation referred to in or issued under the authority of section 12 (i)) so long as such port is not included within a combat area as defined in section 3 which applies to American vessels.

COMBAT AREAS

SEC. 3. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), and he shall thereafter find that the protection of citizens of the United States so requires, he shall, by proclamation, define combat areas, and thereafter it shall be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel to proceed into or through any such combat area. The combat areas so defined may be made to apply to surface vessels or aircraft, or both.

(b) In case of the violation of any of the provisions of this section by any American vessel, or any owner or officer thereof, such vessel, owner, or officer shall be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the owner of such vessel be a corporation, organization, or association, each officer or director participating in the violation shall be liable to the penalty hereinabove prescribed. In case of the violation of this section by any citizen traveling as a passenger, such passenger may be fined not more than $10,000 or imprisoned for not more than two years, or both.

(c) The President may from time to time modify or extend any proclamation issued under the authority of this section, and when the conditions which shall have caused him to issue any such proclamation shall have ceased to exist he shall revoke such proclamation and the provisions of this section shall thereupon cease to apply, except as to offenses committed prior to such revocation.

AMERICAN RED CROSS

SEC. 4. The provisions of section 2 (a) shall not prohibit the transportation by vessels under charter or other direction and control of the American Red Cross, proceeding under safe conduct granted by states named in any proclamation issued under the authority of section 1 (a), of officers and American Red Cross personnel, medical personnel, and medical supplies, food, and clothing, for the relief of human suffering.

TRAVEL ON VESSELS OF BELLIGERENT STATES

SEC. 5. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a) 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) Whenever any proclamation issued under the authority of section 1 (a) 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.

ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED

SEC. 6. Whenever the President shall have issued a proclamation under the authority of section 1 (a), it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel, engaged in commerce with any foreign state to be armed, except with small arms and ammunition therefor, which the President may deem necessary and shall publicly designate for the preservation of discipline aboard any such vessel.

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FINANCIAL TRANSACTIONS

SEC. 7. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), 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 12 (i).

(b) 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) 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) Whenever any proclamation issued under the authority of section 1 (a) 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.

SOLICITATION AND COLLECTION OF FUNDS AND CONTRIBUTIONS

SEC. 8. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), 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) 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) Whenever any proclamation issued under the authority of section 1 (a) 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.

AMERICAN REPUBLICS

SEC. 9. This joint resolution (except section 12) 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.

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RESTRICTIONS ON USE OF AMERICAN PORTS

SEC. 10. (a) 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 1 (a), but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by 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), 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 1 (a).

(b) 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 1 (a), he may prohibit the departure of such vessel during the duration of the war.

(c) Whenever the President shall have issued a proclamation under section 1 (a) 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 33 of the Immigration Act of February 5, 1917 (U.S.C., title 8, sec. 168). Notwithstanding the provisions of said section 33, 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.

SUBMARINES AND ARMED MERCHANT VESSELS

SEC. 11. 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,

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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.

NATIONAL MUNITIONS CONTROL BOARD

sec. 12. (a) There is hereby established a National Munitions Control Board (hereinafter referred to as the "Board"). The Board shall consist of the Secretary of State, who shall be chairman and executive officer of the Board, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Commerce. Except as otherwise provided in this section, or by other law, the administration of this section is vested in the Secretary of State. The Secretary of State shall promulgate such rules and regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The Board shall be convened by the chairman and shall hold at least one meeting a year.

(b) Every person who engages in the business of manufacturing, exporting, or importing any arms, ammunition, or implements of war listed in a proclamation referred to in or issued under the authority of subsection (i) of this section, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary of State his name, or business name, principal place of business, and places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or exports.

(c) Every person required to register under this section shall notify the Secretary of State of any change in the arms, ammunition, or implements of war which he exports, imports, or manufactures; and upon such notification the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of this section shall pay a registration fee of $100. Upon receipt of the required registration fee, the Secretary of State shall issue a registration certificate valid for five years, which shall be renewable for further periods of five yours upon the payment for each renewal of a fee of $100; but valid certificates of registration (Including amended certificates) issued under the authority of section 2 of the joint resolution of August 31, 1935, or section 5 of the joint resolution of August 31, 1935, as amended, shall, without payment of any additional registration fee, be considered to be valid certificates of registration issued under this subsection, and shall remain valid for the same period as if this joint resolution had not been enacted.

(d) It shall be unlawful for any person to export, or attempt to export, from the United States to any other state, any arms, ammunition, or implements of war listed in a proclamation referred to in or issued under the authority of subsection (i) of this section, or to import, or attempt to import, to the United States from any other state, any of the arms, ammunition, or implements of war listed in any such proclamation, without first having submitted to the Secretary of State the name of the purchaser and the terms of sale and having obtained a license therefor.

(e) All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, or any person or persons designated by him, such permanent records of manufacture for export, importation, and exportation of arms, ammunition, and implements of war as the Secretary of State shall prescribe.

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(f) Licenses shall be issued by the Secretary of State to persons who have registered as herein provided for, except in cases of export or import licenses where the export of arms, ammunition, or implements of war would be in violation of this joint resolution or any other law of the United States, or of a treaty to which the United States is a party, in which cases such licenses shall not be issued; but a valid license issued under the authority of section 2 of the joint resolution of August 31, 1935, or section 5 of the joint resolution of August 31, 1935, as amended, shall be considered to be a valid license issued under this subsection, and shall remain valid for the same period as if this joint resolution had not been enacted.

(g) No purchase of arms, ammunition, or implements of war shall be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this joint resolution.

(h) The Board shall make a report to Congress on January 3 and July 3 of each year, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war, including the name of the purchaser and the terms of sale made under any such license. The Board shall include in such reports a list of all persons required to register under the provisions of this joint resolution, and full information concerning the licenses issued hereunder, including the name of the purchaser and the terms of sale made under any such license.

(i) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section; but the proclamation Numbered 2237, of May 1, 1937 (50 Stat. 1834), defining the term "arms, ammunition, and implements of war" shall, until it is revoked, have full force and effect as if issued under the authority of this subsection.

REGULATIONS

SEC. 13. 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 joint resolution; and he may exercise any power or authority conferred on him by this joint resolution through such officer or officers, or agency or agencies, as he shall direct.

UNLAWFUL USE OF THE AMERICAN FLAG

SEC. 14. (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.

GENERAL PENALTY PROVISION

SEC. 15. In every case of the violation of any of the provisions of this joint resolution or of any rule or regulation issued pursuant thereto where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000 or imprisoned not more than two years, or both.

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DEFINITIONS

SEC. 16. For the purposes of this joint resolution -

(a) The term "United States," when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States (including the Philippine Islands), 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.

REPARABILITY OF PROVISIONS

SEC. 17. If any of the provisions of this joint resolution, 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.

APPROPRIATIONS

SEC. 18. 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 joint resolution.

REPEALS

SEC. 19. The joint resolution of August 31, 1935, as amended, and the joint resolution of January 8, 1937, 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 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.

SHORT TITLE

SEC. 20. This joint resolution may be cited as the "Neutrality Act of 1939."

Approved, November 4, 1939, 12:04 p.m.

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[Blank]

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APPENDIX H. STATE OF WAR PROCLAMATIONS

[Presidential Proclamation No. 2374 of November 4, 1939 (Alnav 65-1939)]

PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY AND FRANCE; POLAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA, CANADA, NEW ZEALAND, AND THE UNION OF SOUTH AFRICA

WHEREAS section 1 of the joint resolution of Congress approved November 4, 1939, provides in part as follows:

"That 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."

AND WHEREAS it is further provided by section 13 of the said joint resolution that

"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 joint resolution; and he may exercise any power or authority conferred on him by this joint resolution through such officer or officers, or agency or agencies, as he shall direct."

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby proclaim that a state of war unhappily exists between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, and that it is necessary to promote the security and preserve the peace of the United States and to protect the lives of citizens of the United States.

And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and in bringing to trial and punishment any offenders against the same.

And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

And I do hereby revoke my proclamations nos. 2349, 2354, and 2360 issued on September 5, 8, and 10, 1939, respectively, in regard to the export of arms, ammunition, and implements of war to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand; to the Union of South Africa; and to Canada.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this fourth day of November, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth, at 12:04 p.m.

[SEAL]                   FRANKLIN D. ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Presidential Proclamation No. 2398 of April 25, 1940]

PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY AND NORWAY

WHEREAS section 1 of the Joint Resolution of Congress approved November 4, 1939, provides in part as follows:

[Here follows, in the original document, the text of Section 1 (a) of Appendix G.]

AND WHEREAS it is further provided by section 13 of the said joint resolution that

[Here follows, in, the original document, the text of Sec. 13 of Appendix G.]

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby proclaim that a state of war unhappily exists between Germany and Norway, and that it is necessary to promote the security and preserve the peace of the United States and to protect the lives of citizens of the United States.

And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and in bringing to trial and punishment any offenders against the same.

And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 25th day of April, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

[seal] FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Presidential Proclamation No. 2404 of May 11, 1940]

PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY, ON THE ONE HAND, AND BELGIUM, LUXEMBURG, AND THE NETHERLANDS, ON THE OTHER HAND

WHEREAS section 1 of the joint resolution of Congress approved November 4, 1939, provides in part as follows:

"That 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."

AND WHEREAS it is further provided by section 13 of the said joint resolution that

"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 joint resolution; and he may exercise any power or authority conferred on him by this joint resolution through such officer or officers, or agency or agencies, as he shall direct."

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby proclaim that a state of war unhappily exists between Germany, on the one hand, and Belgium, Luxemburg, and the Netherlands, on the other hand, and that it is necessary to promote the security and preserve the peace of the United States and to protect the lives of citizens of the United States.

And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and in bringing to trial and punishment any offenders against the same.

And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this eleventh day of May, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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APPENDIX I. USE OF U.S. PORTS AND WATERS BY FOREIGN SUBMARINES

[Presidential Proclamation No. 2375 of November 4, 1939. (Alnav 62-1939)]

USE OF PORTS OR TERRITORIAL WATERS OF THE UNITED STATES BY SUBMARINES OF FOREIGN BELLIGERENT STATES

WHEREAS section 11 of the Joint Resolution approved November 4, 1939, provides:

[Here follows, in the original document, the text of Sec. 11 of Appendix G.]

WHEREAS there exists a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa;

WHEREAS the United States of America is neutral in such war;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the foregoing provision of section 11 of the Joint Resolution approved November 4, 1939, do by this proclamation find that special restrictions placed on the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of a foreign belligerent state, both commercial submarines and submarines which are ships of war, will serve to maintain peace between the United States and foreign states, to protect the commercial interests of the United States and its citizens, and to promote the security of the United States;

AND I do further declare and proclaim that it shall hereafter be unlawful for any submarine of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, or the Union of South Africa, to enter ports or territorial waters of the United States, exclusive of the Canal Zone, except submarines of the said belligerent states which are forced into such ports or territorial waters of the United States by force majeure; and in such cases of force majeure, only when such submarines enter ports or territorial waters of the United States while running on the surface with conning tower and superstructure above water and flying the flags of the foreign belligerent states of which they are vessels. Such submarines may depart from ports or territorial waters of the United States only while running on the surface with conning tower and superstructure above water and flying the flags of the foreign belligerent states of which they are vessels.

AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

AND I do hereby revoke my Proclamation No. 2371 issued by me on October 18, 1939, in regard to the use of ports or territorial waters of the United States by submarines of foreign belligerent states.

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This proclamation shall continue in full force and effect unless and until modified, revoked or otherwise terminated, pursuant to law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this fourth day of November, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of American the one hundred and sixth-fourth, at 12.04 p.m.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

 

[Presidential Proclamation No. 2400 of April 25, 1940]

USE OF PORTS OR TERRITORIAL WATERS OF THE UNITED STATES BY SUBMARINES OF FOREIGN BELLIGERENT STATES

WHEREAS section 11 of the Joint Resolution approved November 4, 1939, provides:

[Here follows, in the original document, the text of Sec. 11 of Appendix G.]

WHEREAS there exists a state of war between Germany and Norway;

WHEREAS the United States of America is neutral in such war;

WHEREAS by my proclamation of November 4, 1939, issued pursuant to the provision of law quoted above, I placed special restrictions on the use of ports and territorial waters of the United States by the submarines of France, Germany, Poland, and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the foregoing provision of section 11 of the Joint Resolution approved November 4, 1939, do by this proclamation declare and proclaim that the provisions of my proclamation of November 4, 1939, in regard to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of France, Germany, Poland, and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, shall also apply to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of Norway.

AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said Joint Resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 25th day of April, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Presidential Proclamation No. 2406 of May 11, 1940]

USE OF PORTS OR TERRITORIAL WATERS OF THE UNITED STATES BY SUBMARINES OF FOREIGN BELLIGERENT STATES

WHEREAS section 11 of the Joint Resolution approved November 4, 1939, provides:

[Here follows, in the original document, the text of Sec. 11 of Appendix G.]

WHEREAS there exists a state of war between Germany on the one hand and Belgium and the Netherlands on the other hand;

WHEREAS the United States of America is neutral in such war;

WHEREAS by my proclamation of November 4, 1939, issued pursuant to the provision of law quoted above, I placed special restrictions on the use of ports and territorial waters of the United States by the submarines of France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the foregoing provision of section 11 of the Joint Resolution approved November 4, 1939, do by this proclamation declare and proclaim that the provisions of my proclamation of November 4, 1939, in regard to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of France, Germany, Poland, and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, shall also apply to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of Belgium and the Netherlands.

AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said Joint Resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this eleventh day of May, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Blank]

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APPENDIX J. DEFINITION OF COMBAT AREAS

[Presidential Proclamation No. 2376 of November 4, 1939. (Alnav 63-1939)]

DEFINITION OF COMBAT AREAS

WHEREAS section 3 of the Joint Resolution of Congress approved November 4, 1939, provides as follows:

[Here follows, in the original document, the text of Sec. 3 of Appendix G.]

AND WHEREAS it is further provided by section 13 of the said joint resolution that

[Here follows, in the original document, the text of Sec. 13 of Appendix G.]

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby find that the protection of citizens of the United States requires that there be defined a combat area through or into which it shall be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel, whether a surface vessel or an aircraft, to proceed.

AND I do hereby define such combat area as follows:

All the navigable waters within the limits set forth hereafter.

Beginning at the intersection of the North Coast of Spain with the meridian of 2°45' longitude west to Greenwich;

Thence due north to a point in 43°54' north latitude;

Thence by rhumb line to a point in 45°00' north latitude, 20°00' west longitude;

Thence due north to 58°00' north latitude;

Thence by a rhumb line to latitude 62° north, longitude 2° east;

Thence by rhumb line to latitude 60° north, longitude 5° east;

Thence due east to the mainland of Norway.

Thence along the coastline of Norway, Sweden, the Baltic Sea, and dependent waters thereof, Germany, Denmark, the Netherlands, Belgium, France, and Spain to the point of beginning.

AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said Joint Resolution and in bringing to trial and punishment any offenders against the same.

AND I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this fourth day of November, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth, at 3 p.m.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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[Presidential Proclamation No. 2394 of April 10, 1940. (Alnav 21-1940)]

DEFINITION OF A COMBAT AREA

WHEREAS section 3 of the joint resolution of Congress approved November 4, 1939, provides as follows:

[Here follows, in the original document, the text of Sec. 5 of Appendix G.]

AND WHEREAS it is further provided by section 13 of the said joint resolution that

[Here follows, in the original document, the text of Sec. 13 of Appendix G.]

AND WHEREAS on November 4, 1939, I issued a proclamation in accordance with the provision of law quoted above defining a combat area.

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by section 3 of the joint resolution of Congress approved November 4, 1939, do hereby find that the protection of citizens of the United States requires that there be an extension of the combat area defined in my proclamation of November 4, 1939, through or into which extended combat area it shall be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel, whether a surface vessel or an aircraft, to proceed.

AND I do hereby define the extended combat area as follows:

All the navigable waters within the limits set forth hereafter.

Beginning at the intersection of the North Coast of Spain with the meridian of 2°45' longitude west of Greenwich;

Thence due north to a point in 43°54' north latitude;

Thence by a rhumb line to a point in 45° north latitude, 20° west longitude;

Thence due north to 58° north latitude;

Thence by a rhumb line to a point in 76°30' north latitude, 16°35' east longitude;

Thence by a rhumb line to a point in 70° north latitude, 44° east longitude;

Thence due south to the mainland of the Union of Soviet Socialist Republics;

Thence along the coastline of the Union of Soviet Socialist Republics, Finland, Norway, Sweden, the Baltic Sea and dependent waters thereof, Germany, Denmark, the Netherlands, Belgium, France, and Spain to the point of beginning.

AND I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and in bringing to trial and punishment any offenders against the same.

AND I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer

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or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this tenth day of April, in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fourth.

FRANKLIN D ROOSEVELT

By the President:
    CORDELL HULL,
        Secretary of State.

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APPENDIX K. SMALL ARMS ON MERCHANT VESSELS

[State Department Regulations of November 6, 1939]

REGULATIONS UNDER SECTION 6 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939

Section 6 of the joint resolution of Congress approved November 4, 1939, provides as follows:

[Here follows, in the original document, the text of Sec. 6 of Appendix G.]

Section 15 of the said joint resolution provides as follows:

[Here follows, in the original document, the text of Sec. 15 of Appendix G.]

On November 4, 1939, the President issued a proclamation in respect to France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa under the authority of section 1 of the said joint resolution, thereby making effective the provisions of section 6 of the said joint resolution quoted above.

Section 13 of the said joint resolution provides as follows:

[Here follows, in the original document, the text of Sec. 13 of Appendix G.]

The President's proclamation of November 4, 1939, issued pursuant to the provisions of section 1 of the above-mentioned joint resolution provides in part as follows:

And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

In pursuance of those provisions of the law and of the President's proclamation of November 4, 1939, which are quoted above, the Secretary of State announces the following regulations:

PART 1 - INTERNATIONAL TRAFFIC IN ARMS, AMMUNITION, ETC.

§1.52 Carriage of small arms and ammunition on American vessels engaged in commerce with foreign states. American vessels engaged in commerce with foreign states may carry such small arms and ammunition as the masters of these vessels may deem indispensable for the preservation of discipline aboard the vessels. (Secs. 6, 15, 13, Public Res. No. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. 2374, Nov. 4, 1939)

CORDELL HULL,
Secretary of State.

NOVEMBER 6, 1939.

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APPENDIX L. TRAFFIC IN ARMS, AMMUNITION, IMPLEMENTS, AND MUNITIONS OF WAR

[State Department Regulations of November 6, 1939]

LAWS AND REGULATIONS ADMINISTERED BY THE SECRETARY OF STATE GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS, AMMUNITION, AND IMPLEMENTS OF WAR AND OTHER MUNITIONS OF WAR

[Seventh Edition]

CONTENTS

Introductory Statement.

Part I: Section 12 of the joint resolution approved by the President November 4, 1939.
Part II: The President's proclamation of May 1, 1937.
Part III: General regulations.
Part IV: Records of manufacture, export, and import.
Part V: Special provisions in regard to military secrets.
Part VI: Special provisions in regard to exportation to China, Cuba, Honduras, and Nicaragua.
Part VII: Special provisions in regard to the exportation of tin-plate scrap.
Part VIII: Special provisions in regard to the exportation of helium gas.

Introductory Statement

The Secretary of State announces that the regulations contained herein supersede, as of this date, all previous regulations administered by him governing the international traffic in arms, ammunition, and implements of war, and other munitions of war.

NOVEMBER 6, 1939.

PART I - SECTION 12 OF THE JOINT RESOLUTION APPROVED BY THE PRESIDENT NOVEMBER 4, 1939

Section 12 of the joint resolution approved by the President on November 4, 1939, reads as follows:

[Here follows, in the original document, the text of Sec. 12 of Appendix G.]

Section 15 of the same joint resolution reads as follows:

[Here follows, in the original document, the text of Sec. 15 of Appendix G.]

Section 16 of the same joint resolution reads as follows:

[Here follows in the original document, the text of Sec. 16 of Appendix G.]

PART II - THE PRESIDENT'S PROCLAMATION OF MAY 1, 1937

The President's proclamation, No. 2237, of May 1, 1937, referred to in section 12 (i) of the joint resolution of Congress approved November 4, 1939, quoted above, reads as follows:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS section 5 of the joint resolution of Congress approved May 1, 1937, amending the joint resolution entitled "Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of

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war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war," approved August 31, 1935, as amended February 29, 1936, provides in part as follows:

"The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section."

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution of Congress, and pursuant to the recommendation of the National Munitions Control Board, declare and proclaim that the articles listed below shall, on and after June 1, 1937, be considered arms, ammunition, and implements of war for the purposes of section 5 of the said joint resolution of Congress:

Category I

(1) Rifles and carbines using ammunition in excess of caliber .22, and barrels for those weapons;

(2) Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber .22, and barrels for those weapons;

(3) Guns, howitzers, and mortars of all calibers, their mountings and barrels;

(4) Ammunition in excess of caliber .22 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for such ammunition; filled and unfilled projectiles for the arms enumerated under (3) above;

(5) Grenades, bombs, torpedoes, mines, and depth charges, filled or unfilled, and apparatus for their use or discharge;

(6) Tanks, military armored vehicles, and armored trains.

Category II

Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.

Category III

(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, which are designed, adapted, and intended for aerial combat by the use of machine guns or of artillery or for the carrying and dropping of bombs, or which are equipped with, or which by reason of design or construction are prepared for, any of the appliances referred to in paragraph (2) below;

(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.

Category IV

(1) Revolvers and automatic pistols using ammunition in excess of caliber .22;

(2) Ammunition in excess of caliber .22 for the arms enumerated under (1) above, and cartridge cases or bullets for such ammunition.

Category V

(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, other than those included in Category III;

(2) Propellers or air screws, fuselages, hulls, wings, tail units, and under-carriage units;

(3) Aircraft engines, unassembled, assembled, or dismantled.

Category VI

(1) Livens projectors and flame throwers;

(2) a. Mustard gas (dichlorethyl sulphide);

b. Lewisite (chlorvinyldiehlorarsine and dichlordivinylchlorarsine);

c. Methyldichlorarsine;

d. Diphenylchlorarsine;

e. Diphenylcyanarsine;

f. Diphenylaminechlorarsine;

g. Phenyldichlorarsine;

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h. Ethyldichlorarsine;

i. Phenyldibromarsine;

j. Ethyldibromarsine;

k. Phosgene;

l. Monochlormethylchlorformate;

m. Trichlormethylchlorformate (diphosgene);

n. Dichlordimethyl Ether;

o. Dibromdimethyl Ether;

p. Cyanogen Chloride;

q. Ethylbromacetate;

r. Ethyliodoacetate;

s. Brombenzylcyanide;

t. Bromacetone;

u. Brommethylethyl ketone.

Category VII

(1) Propellant powders;

(2) High explosives as follows:

a. Nitrocellulose, having a nitrogen content of more than 12%.

b. Trinitrotoluene;

c. Trinitroxylene;

d. Tetryl (trinitrophenol methyl nitramine or tetranitro methylaniline);

e. Picric acid;

f. Ammonium picrate;

g. Trinitroanisol;

h. Trinitronaphthalene;

1. Tetranitronaphthalene;

j. Hexanitrodiphenylamine;

k. Pentaerythritetetranitrate (Penthrite or Pentrite);

1. Trimethylenetrinitramine (Hexogen or T4);

m. Potassium nitrate powders (black saltpeter powder);

n. Sodium nitrate powders (black soda powder);

o. Amatol (mixture of ammonium nitrate and trinitrotoluene);

p. Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients);

q. Schneiderite (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients).

This proclamation shall supersede the proclamation of April 10, 1936, entitled "Enumeration of Arms, Ammunition, and Implements of War," on June 1, 1937.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE, at the city of Washington this first day of May, in the year of our Lord nineteen hundred and thirty-seven, and of the Independence of the United States of America the one hundred and sixty-first.

[SEAL]                   FRANKLIN D ROOSEVELT

By the President
    CORDELL HULL,
        Secretary of State.

PART III - GENERAL REGULATIONS

In compliance with that paragraph of section 12 of the joint resolution approved November 4, 1939, which requires the Secretary of State to promulgate such rules and regulations with regard to the enforcement of that section as he may deem necessary to carry out its provisions, the Secretary of State promulgates the following regulations:

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(1) All persons engaged in the business of manufacturing, exporting, or importing any of the arms, ammunition, or implements of war enumerated in the President's proclamation of May 1, 1937, shall register with the Secretary of State by duly filling out and transmitting to the Secretary of State an application for registration in the form printed below. The articles manufactured, exported, or imported shall be listed on the application for registration under the same categories and in precisely the same terms in which they are listed in the President's proclamation of May 1, 1937. Applications for registration must be signed and sworn to in the presence of a notary public before they are transmitted to the Secretary of State.

[Here follows, in the original document, certain forms.]

(2) Applications for registration transmitted to the Secretary of State must be accompanied by a registration fee of $100 in the form of a money order or a certified check.

(3) Upon receipt of an application for registration and the appended certificate of registration duly filled out and accompanied by a registration fee of $100, the Secretary of State will return to the applicant, as a receipt, the certificate of registration, duly signed and sealed. This certificate of registration must be conspicuously displayed at the principal place of business of the person registered.

(4) Every person registered shall notify the Secretary of State of any change in the information set forth in his certificate of registration. If the change involves a revision of the list of arms, ammunition, and implements of war which he manufactures, exports or imports, or a change of name, such registered person shall submit, on the form described in paragraph (1) above, an application for an amended certificate of registration, including this information. Upon the receipt of a duly executed application therefor, the Secretary of State will issue to such person, free of charge, an amended certificate of registration which will remain valid until the date of the expiration of his original certificate.

(5) Manufacturers, exporters, and importers of component parts of the articles or units enumerated in the President's proclamation of May 1, 1937, but not of a complete article or unit listed in that proclamation, are not required to register under the joint resolution. Air craft wheels and aircraft propeller blades are, however, considered as constituting to such an unusual degree the main body of aircraft under-carriage units and aircraft propellers that the manufacture, export, or import of such wheels or blades alone is held to subject the manufacturer, exporter, or importer to the requirement of registration.

(6) Forgings, castings, and machined bodies for any of the arms, ammunition, or implements of war enumerated in the President's proclamation of May 1, 1937, which have reached such a stage in manufacture that they are clearly identifiable as forgings, castings, or machined bodies for arms, ammunition, and implements of war, are considered as constituting arms, ammunition, and implements of war for the purposes of section 12 of the joint resolution.

(7) Club propellers, cut away models of aircraft engines and mock-ups or models of arms, ammunition, and implements of war which by reason of design or construction are incapable of being used or of being adapted for use in flight or for military or naval purposes will not be considered as arms, ammunition, or implements of war within the meaning of section 12 of the joint resolution.

(8) The production for experimental or scientific purposes, when such production is not followed by sale, of the appliances and substances included in category VI, or of single units of other arms, ammunition, and implements of war, is not considered as manufacture for the purposes of section 12 of the joint resolution.

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(9) Persons who are not engaged in the business of exporting or importing arms, ammunition, or implements of war, but who, either for their own personal use or as forwarding agents for persons who are engaged in this business, or, in exceptional circumstances, in other capacities, may make or receive occasional shipments of such articles, will not be considered as exporters or importers of arms, ammunition, and implements of war within the meaning of section 12 of the joint resolution. Licenses for such shipments may be obtained in accordance with the provisions of paragraph (24) below.

(10) The provisions of these regulations shall be considered as binding in addition to, and not in lieu of, those established under the act known as the National Firearms Act (26 U.S.C. (1934) 1132-1132q incl.; Supp. IV 1132-1132b incl.), approved by the President June 26, 1934, as amended; and under the Federal Firearms Act (15 U.S.C. Supp. IV 901-909 incl.), approved by the President June 30, 1938. The National Firearms Act imposes certain taxes upon manufacturers, importers, and dealers in certain firearms and taxes upon transfers of certain firearms. The term "firearm" as used in this act includes "a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition, but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is sixteen inches or more in length." The Federal Firearms Act applies to manufacturers and dealers who are engaged in interstate or foreign commerce in fire arms and ammunition. The term "firearm" as used in this act means "any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon," and the term "ammunition" includes "all pistol or revolver ammunition except .22-caliber rim-fire ammunition." Rules and regulations for the enforcement of these acts are prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.

(11) No person not registered under section 12 of the joint resolution shall engage in the business of exporting or importing any of the arms, ammunition, or implements of war listed in the President's proclamation of May 1, 1937. All persons registered shall obtain from the Secretary of State a license to cover each shipment exported or imported. Blank forms of application for license similar to those printed below will be furnished by the Secretary of State upon request.

[Here follows, in the original document, certain forms.]

(12) The Secretary of State will issue import licenses to all registered applicants who have duly filled out an application for license, provided that, in case the articles to be imported are firearms as enumerated in the National Firearms Act of June 26, 1934, as amended, or firearms or ammunition as enumerated in the Federal Firearms Act of June 30, 1938, both of which acts are referred to under (10) above, the importer has conformed to the pertinent regulations prescribed by the Secretary of the Treasury.

(13) The Secretary of State will issue export licenses to all registered applicants who have duly filled out an application for license, unless the exportation of arms, ammunition, or implements of war for which a license is applied for would be in violation of a law of the United States or of a treaty to which the United States is a party. (See parts V and VI below.)

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(14) Export and import licenses are not transferable and are subject to revocation without notice, if the exportation or the importation authorized by the license becomes illegal before the shipment is made. If not revoked, licenses are valid for 1 year from the date of issuance, and shipments thereunder may be made through any port of exit or entry in the United States. The naming of the proposed port of exit under paragraph (12) of the application for export license or the proposed port of entry under paragraph (13) of the application for import license does not preclude shipment through another port if the arrangements made by the exporter or importer are altered subsequent to the issuance of the license.

(15) No alterations may be made except by the Department of State, or by collectors of customs or postmasters acting under the specific instructions of the Department of State, in export or import licenses which have been issued under the seal of the Secretary of State.

(16) Export or import licenses which have been revoked or which have expired must be returned immediately to the Secretary of State.

(17) The country designated on the application for license to export as the country of destination should, in each case, be the country of ultimate destination. If the goods to be exported are consigned to one country, with the intention that they be transshipped thence to another country, the latter country should be named as the country of destination. If the country of ultimate destination cannot be ascertained at the time the application for export license is made, the country of initial destination may be named on the application as the country of destination. In such a case, however, the facts must be clearly explained and the Secretary of State must be informed of the ultimate destination by the exporter as soon as the latter has learned the country of ultimate destination of the shipment. The Secretary of State may refuse to grant an application for an export license until he is informed of the country of ultimate destination in order that he may assure himself that the license may be legally issued.

(18) The shipper's export declaration (customs form 7525) covering arms, ammunition, or implements of war for which an export license is required must contain the same information in regard to the nature and the value of the articles to be exported as that which appears on the application for license. If the person designated on the export declaration as the actual shipper of the goods is not the person to whom the export license has been issued by the Secretary of State, the name of this shipper should appear on the export license as that of the consignor in the United States.

(19) Applications for license to export arms, ammunition, and implements of war should state, whenever possible, the type and model designation of the article to be exported in order that the Secretary of State may determine, before issuing the license, that the provisions of Part V of these regulations would not be violated by the exportation of the article in question. If an application is submitted in which the articles to be exported are inadequately designated, it will be returned to the applicant for completion in this respect.

(20) The originals of licenses for the export and the import of arms, ammunition, and implements of war must be presented to the collector of customs at the port through which the shipment authorized by the license is being made. Export licenses and export declarations covering arms, ammunition, and implements of war must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in case of a shipment by a seagoing vessel, 24 hours before the lading of the vessel.

(21) Arms, ammunition, and implements of war covered by an export license must, when exported, be packed separately from all other goods, except when the shipment is too small to

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make this segregation practical, in which case the exporter should list separately in the application for an export license those other articles which do not require a license but which are being included in the package.

(22) Export and import licenses for arms, ammunition, and implements of war which are shipped by parcel post must be presented to the postmaster at the post office at which the parcel is mailed or received.

(23) Articles entering or leaving a port of the United States, in transit through the territory of the United States to a foreign country, will not be considered as imported or exported within the meaning of section 12 of the joint resolution.

(24) Persons who are registered as exporters or importers of arms, ammunition, or implements of war under section 12 of the joint resolution may make application for export or import licenses on behalf of persons who are not required to register under the joint resolution but who may, in accordance with the provisions of paragraph (9) above, desire to make or receive occasional shipments of arms, ammunition, or implements of war.

(25) Arms, ammunition, and implements of war which are more than 100 years old will not be considered as arms, ammunition, or implements of war within the meaning of section 12 of the joint resolution. Evidence in support of exemptions claimed hereunder should be submitted to the collector of customs at the port of entry or exit, as the case may be.

(26) Rifles, carbines, revolvers, and pistols entering the United States in single units for the individual use of the person to whom consigned will not be considered as imported within the meaning of section 12 of the joint resolution. (This does not relieve the consignee from the obligation to comply with such of the regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, under the National Firearms Act of June 26, 1934, as amended, and the Federal Firearms Act of June 30, 1938, referred to in (10) above, as may be applicable in the premises.)

(27) Arms and ammunition intended exclusively for sporting or scientific purposes or for personal protection, when entering or leaving the United States carried on the person of an individual or in his baggage, will not be considered as imported or exported within the meaning of section 12 of the joint resolution.

(28) The Government of the United States and its agencies are not "persons" within the meaning of that term as used in section 12 of the joint resolution and therefore no license is required for arms, ammunition, or implements of war imported or exported by them.

(29) Arms and implements of war which have been legally exported from the United States, and which are returned to the United States worn or damaged for repair and reexport, will not be considered as imported within the meaning of section 12 of the joint resolution. An export license must be obtained, however, before such articles are reexported. Evidence in support of exemptions claimed hereunder should be submitted to the collector of customs at the port of entry.

(30) Licenses are required under the provisions of section 12 of the joint resolution for the export or the import of those articles only which are specifically mentioned in the President's proclamation of May 1, 1937. No license is required for the export or the import of the component parts of the articles or units enumerated in that proclamation, except in cases where the export or import of such parts may reasonably be considered as involving, in fact, the export or import of a substantially complete article or unit in unassembled form. Aircraft wheels

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and aircraft propeller blades are, however, considered as constituting to such an unusual degree the main body of aircraft undercarriage units and aircraft propellers that a license is required for the export or the import of wheels and propeller blades, even when they are shipped alone.

(31) A license is required for the export of all articles listed in subsection (5) of category I of the President's proclamation of May 1, 1937, which are intended or adapted for war purposes. The fact that such an article, when exported, is filled with a nonlethal gas or fluid having a common nonmilitary use will be considered as prima facie evidence that the article is not intended for war purposes. No license is required for the export of articles listed under sub section (5), even if exported empty, which are adapted and intended solely for nonmilitary use. Articles listed in subsection (5) will be considered ipso facto as intended or adapted for war purposes, unless when exported they either contain a nonlethal gas or fluid or can be proven to be adapted and intended solely for a specific nonmilitary use.

(32) The terms "propellant powders," as used in paragraph (1) of category VII of the President's proclamation of May 1, 1937, and "potassium nitrate powders" and "sodium nitrate powders," as used in paragraph (2) of that category, apply to those powders in bulk form. They do not apply to such powders when enclosed in cartridges of types not enumerated in the proclamation, in pyrotechnics, in safety fuse, or in other similar devices. Licenses will not, therefore, be required for the export or import of such cartridges or devices, even though they may contain one of these powders.

(33) Aircraft flown or shipped from the United States for a temporary sojourn abroad, of not to exceed six months' duration, will not be considered as exported within the meaning of section 12 of the joint resolution when it is the intention of their owners that they shall remain under United States registry and shall be operated by a United States licensed pilot during the entire period of then sojourn abroad, and, further, when there is no intention on the part of their owners to dispose of them or of any of their essential parts listed in the President's proclamation of May 1, 1937, in any foreign country. It should be noted that the United States registry of an aircraft which is sold to an alien either in the United States or abroad is cancelled automatically at the time of the sale under the Civil Air Regulations of the Civil Aeronautics Authority. Should the owners, after the departure of an aircraft flown or shipped from the United States without an export license, propose to place the aircraft under foreign registry or to have it operated by a pilot not holding a United States license, or to dispose of the aircraft or any of the essential parts referred to in any foreign country, the aircraft, or the part in question, must be returned to the United States and a license obtained for its export to the country concerned. Aircraft of United States registry returning to the United States from foreign countries will not be considered as imported within the meaning of section 12 of the joint resolution. Aircraft of foreign registry entering the United States for a temporary sojourn or leaving the United States after such a sojourn will not be considered as imported or exported within the meaning of section 12 of the joint resolution.

(34) Aircraft flown or shipped for temporary sojourn under the provisions of paragraph (33) above shall not be so flown or shipped until customs clearance has been obtained. Evidence in support of claim for exemption from the requirement of an import or export license should be submitted to the appropriate collector of customs. Aircraft flown into the United States should be cleared through the customs authorities at the airport of entry where first landing is made or at such other airport or base where advance permission to land has been obtained from the Commissioner of Customs. In case of forced landings of aircraft arriving in the United States

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clearance should be obtained at the port of entry or custom house nearest to the place where such forced landing is made. Aircraft flown out of the United States should be cleared through the customs authorities at the customs port of entry nearest to the place of departure, or at the airport of departure if such airport has been designated as an airport of entry. Before an aircraft of United States registry leaves the United States for a temporary sojourn abroad, the customs authorities at the port of exit through which the aircraft is cleared should be informed of the approximate date of return of the aircraft and the port of entry through which it is proposed to return the aircraft to the United States. Persons planning to make flights outside the United States are advised, moreover, to communicate with the Civil Aeronautics Authority with regard to its requirements. The requirements set forth herein have no application to civil aircraft operated by commercial air lines on regular schedules between the United States and foreign countries under certificates of public convenience and necessity or foreign air carrier permits issued by the Civil Aeronautics Authority. The provisions of this paragraph shall be considered as binding in addition to, and not in lieu of, the customs regulations.

PART IV - RECORDS OF MANUFACTURE, EXPORT, AND IMPORT

The Secretary of State prescribes that all persons required to register under section 12 of the joint resolution approved November 4, 1939, shall maintain, subject to the inspection of the duly authorized agents of the Secretary of State or of any other enforcement agency of the Government of the United States, and distinct from all other records, special permanent records in which shall be recorded the amounts and estimated values of the arms, ammunition, and implements of war manufactured by them for export, and similar records of all arms, ammunition, and implements of war imported or exported by them. The records of articles imported shall, in addition, contain information as to the consignors of articles imported and the port of origin of each shipment. The records of articles exported shall, in addition, contain information as to the consignees and the destination of each shipment.

PART V - SPECIAL PROVISIONS IN REGARD TO MILITARY SECRETS

Title I of the Espionage Act, approved June 15, 1917, reads in part as follows:

Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces another to, communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by imprisonment for not more than twenty years * * *.

The Secretary of State will not issue a license authorizing the exportation of any arms, ammunition, or implements of war considered by the Secretary of War or by the Secretary of the Navy as instruments or appliances included among the articles covered by those terms as used in this act if, in their opinion, they involve military secrets of interest to the national defense. The articles which may be so considered are articles falling within one of the following categories:

(a) Articles, the whole or any features of which have been or are being developed or manufactured by or for the War Department or the Navy Department or with the participation of either of those Departments; and

(b) Articles, the whole or any features of which have been used or are being used by the War Department or the Navy Department or which either Department has contracted to procure.

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Included among articles developed by or for the War Department or the Navy Department are articles the development of which has been contracted for by either of those departments, or which have been developed in accordance with Army or Navy specifications and submitted to either department for evaluation for procurement.

Prospective exporters of articles falling within the above categories which may possibly involve military secrets of interest to the national defense, or persons desirous of transmitting abroad information concerning such articles, should communicate with the Secretary of State in advance of the proposed transaction in order that he may be in a position to ascertain for the interested person whether or not military secrets are, in fact, involved therein. The articles upon which a determination is requested should be designated clearly and specifically, the type and model designations being included. Where applicable, Army or Navy drawing numbers should be given, or detailed plans and specifications submitted.

PART VI - SPECIAL PROVISIONS IN REGARD TO EXPORTATION TO CHINA, CUBA, HONDURAS, AND NICARAGUA

A joint resolution of Congress approved January 31, 1922, reads in part as follows:

* * * That whenever the President finds that in any American country, or in any country in which the United States exercises extraterritorial jurisdiction, conditions of domestic violence exist, which are or may be promoted by the use of arms or munitions of war procured from the United States, and makes proclamation thereof, it shall be unlawful to export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress.

SEC. 2. Whoever exports any arms or munitions of war in violation of section 1 shall, on conviction, be punished by fine not exceeding $10,000, or by imprisonment not exceeding two years, or both.

A convention between the United States of America and other American republics in regard to the duties and rights of states in the event of civil strife, signed at Habana, February 20, 1928, and ratified by the United States on May 21, 1930, reads in part as follows:

ARTICLE 1

The contracting states bind themselves to observe the following rules with regard to civil strife in another one of them:

* * * * * * *

3. To forbid the traffic in arms and war material, except when intended for the government, while the belligerency of the rebels has not been recognized, in which latter case the rules of neutrality shall be applied.

Pursuant to the authority conferred by the joint resolution of January 31, 1922, a Presidential proclamation, which is still in effect, was issued on March 4, 1922, in respect to China, as follows:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS, Section I of a Joint Resolution of Congress, entitled a "Joint Resolution To prohibit the exportation of arms or munitions of war from the United States to certain countries, and for other purposes," approved January 31, 1922, provides as follows:

"That whenever the President finds that in any American country, or in any country in which the United States exercises extraterritorial jurisdiction, conditions of domestic violence exist, which are or may be promoted by the use of arms or munitions of war procured from the United States, and makes proclamation thereof it shall be unlawful to export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress."

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And whereas, it is provided by Section II of the said Joint Resolutions that "Whoever exports any arms or munitions of war in violation of section 1 shall on conviction, be punished by fine not exceeding $10,000, or by imprisonment not exceeding two years, or both."

Now, therefore, I, Warren G. Harding, President of the United States of America, acting under and by virtue of the authority conferred in me by the said Joint Resolution of Congress, do hereby declare and proclaim that I have found that there exist in China such conditions of domestic violence which are or may be promoted by the use of arms or munitions of war procured from the United States as contemplated by the said Joint Resolution; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of the Joint Resolution above set forth, hereby made applicable to China, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted.

And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said Joint Resolution and this my Proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

And I do hereby delegate to the Secretary of State the Power of prescribing exceptions and limitations to the application of the said Joint Resolution of January 31, 1922, as made effective by this my Proclamation issued thereunder.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the City of Washington this fourth day of March in the year of our Lord one thousand nine hundred and twenty-two and of the Independence of the United States of America the one hundred and forty-sixth.

WARREN G HARDING

By the President:
    HENRY P. FLETCHER
        Acting Secretary of State.

Similar Presidential proclamations, which are still in effect, were issued on March 22, 1924, in respect of Honduras; on September 15, 1926, in respect of Nicaragua; and on June 29, 1934, in respect of Cuba.

In accordance with the authority conferred upon him in these proclamations, the Secretary of State will permit the exportation to China, Cuba, Honduras, and Nicaragua of the arms, ammunition, and implements of war listed in the President's proclamation of May 1, 1937, only when the Department of State has been informed by the Chinese Embassy in Washington, the Cuban Embassy in Washington, the Honduran Legation in Washington, or the Nicaraguan Legation in Washington, as the case may be, that it is the desire of the government of the country into which the arms, ammunition, or implements of war are to be imported, that the exportation of the shipment be authorized.

The bringing about of notification to the Department of State through the appropriate embassy or legation that the government of an importing state desires that the exportation of a shipment be authorized is a matter with regard to which the initiative and responsibility lie with the importing government and the potential shipper.

In compliance with article II of the convention between the United States and Cuba to suppress smuggling, signed at Habana March 11, 1926, which reads in part as follows:

The High Contracting Parties agree that clearance of shipments of merchandise by water, air, or land, from any of the ports of either country to a port of entry of the other country, shall be denied when such shipment comprises articles the importation of which is prohibited or restricted in the country to which such shipment is destined, unless in this last case there has been a compliance with the requisites demanded by the laws of both countries.

and (sic) in compliance with the laws of Cuba which restrict the importation of arms, ammunition, and implements of war of all kinds by requiring an import permit for each shipment, export

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licenses for shipments of arms, ammunition, and implements of war to Cuba are required for the articles enumerated below in addition to the articles enumerated in the President's proclamation of May 1, 1937:

(1) Arms and small arms using ammunition of caliber .22 or less, other than those classed as toys.

(2) Spare parts of arms and small arms of all kinds and calibers, other than those classed as toys, and of guns and machine guns.

(3) Ammunition for the arms and small arms under (1) above,

(4) Sabers, swords, and military machetes with cross-guard hilts.

(5) Explosives as follows: explosive powders of all kinds for all purposes; nitrocellulose having a nitrogen content of 12 percent or less; diphenylamine; dynamite of all kinds; nitroglycerine; alkaline nitrates (ammonium, potassium, and sodium nitrate); nitric acid; nitro benzene (essence or oil of mirbane); sulphur; sulphuric acid; chlorate of potash; and acetones.

(6) Tear gas (C6H5COCH2Cl) and other similar nontoxic gases and apparatus designed for the storage or the projection of such gases.

The Secretary of State will permit the exportation to Cuba of the articles listed above only when the Department of State has been informed by the Cuban Embassy in Washington that it is the desire of the Cuban Government that the exportation of the shipment be authorized.

No export licenses will be issued for shipments destined to China, Cuba, Honduras, or Nicaragua of the appliances and substances listed under category VI in the President's proclamation of May 1, 1937.

In the case of shipments of arms, ammunition, or implements of war from the United States not ostensibly destined to China, Cuba, Honduras, or Nicaragua, the Secretary of State may require exporters to present convincing evidence that they are not destined to any of those countries and may refuse to issue an export license for the same until such convincing evidence has been presented to him.

PART VII - SPECIAL PROVISIONS IN REGARD TO THE EXPORTATION OF TIN-PLATE SCRAP

The act of Congress approved February 15, 1936, entitled "An Act To provide for the protection and preservation of domestic sources of tin" reads as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the interest of national defense, it is hereby declared to be the policy of Congress and the purpose and intent of this Act to protect, preserve, and develop domestic sources of tin, to restrain the depletion of domestic reserves of tin-bearing materials, and to lessen the present costly and dangerously dependent position of the United States with respect to resources of tin.

SEC. 2. There shall not be exported from the United States after the expiration of sixty days from the enactment of this Act any tin-plate scrap, except upon license issued by the President of the United States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity.

SEC. 3. Any violations of the provisions of this Act shall be a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment of not more than one year, or by both such fine and imprisonment.

On February 16, 1936, the President issued an Executive order as follows:

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EXECUTIVE ORDER

TO PROVIDE FOR THE PROTECTION AND PRESERVATION OF THE DOMESTIC SOURCES OF TIN

WHEREAS section 2 of an act of Congress approved February 15, 1936, entitled "AN ACT To provide for the protection and preservation of the domestic sources of tin," provides:

"There shall not be exported from the United States after the expiration of sixty days from the enactment of this Act any tin-plate scrap, except upon license issued by the President of the United States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity."

NOW, THEREFORE, I, FRANKLIN DELANO ROOSEVELT, President of the United States, acting under and by virtue of the authority vested in me by the aforesaid act, do hereby delegate to the Secretary of State as Chairman of the National Munitions Control Board the power to grant licenses for the exportation of tin-plate scrap upon such conditions and under such regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity, and as he may prescribe by and with the advice and consent of the Board.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,
    February 16, 1936.

In virtue of the authority vested in him by the Executive order of February 16, 1936, the Secretary of State by and with the advice and consent of the National Munitions Control Board prescribed on December 7, 1936, the following regulations:

"(1) For the purpose of the act the term 'tin-plate scrap' is construed, provisionally, to mean tin-plate clippings, cuttings, stampings, trimmings, skeleton sheets, and all other miscellaneous pieces of discarded tin plate, which result from (1) the manufacture of tin plate, or (2) the manufacture of tin-bearing articles from tin plate. As thus defined, the term 'tin-plate scrap' does not include tin-plate waste waste (sic), tin-plate circles, tin-plate strips, tin-plate cobbles, and tin-plate scroll shear butts, when packed separately and sold as such, and when not intermingled with tin-plate scrap.

"(2) Blank forms of application for export licenses similar to that printed below will be furnished by the Secretary of State on request.

[Here follows, in the original document, certain forms.]

"(3) The Secretary of State will issue export licenses to cover proposed shipments of tin-plate scrap to applicants who have duly filled out the above form, when in the opinion of the National Munitions Control Board the issuance of such licenses may be consistent with the purposes of the act. Copies of the statement of the procedure adopted by the Board to govern the issuance of licenses may be obtained from the Secretary of State.

"(4) The shipper's export declaration (customs form 7525) must contain the same information in regard to the nature and the value of the tin-plate scrap to be exported as that which appears on the application for license.

"(5) Export licenses and export declarations covering tin-plate scrap must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in the case of a shipment by a seagoing vessel, 24 hours before the lading of the vessel."

PART VIII - SPECIAL PROVISIONS IN REGARD TO THE EXPORTATION OF HELIUM GAS

Section 3 of the act of September 1, 1937 (50 Stat. 885), entitled "An Act Authorizing the conservation, production, exploitation, and sale of helium gas, a mineral resource pertaining to the national defense and to the development of commercial aeronautics, authorizing the acquisition,

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by purchase or otherwise, by the United States of properties for the production of helium gas, and for other purposes," provides in part as follows:

(b) That helium not needed for Government use may be produced and sold upon payment in advance in quantities and under regulations approved by the President, for medical, scientific, and commercial use, except that helium may be sold for the inflation of only such airships as operate in or between the United States and its Territories and possessions, or between the United States or its territories and possessions and foreign countries: Provided, That no helium shall be sold for the inflation of any airship operating between two foreign countries notwithstanding such airship may also touch at some point in the United States * * *

Section 4 of the act provides as follows:

SEC. 4. No helium gas shall be exported from the United States, or from its Territories and possessions, until after application has been made to the Secretary of State and a license authorizing said exportation has been obtained from him on the joint recommendation of all of the members of the National Munitions Control Board and the Secretary of the Interior: Provided, That, under regulations governing exportation of helium approved by the National Munitions Control Board and the Secretary of the Interior, export shipments of quantities of helium that are not of military importance as defined in said regulations, and which do not exceed a maximum to be specified therein, may be made under license granted by the Secretary of State without such specific recommendation. Such regulations shall not permit accumulations of helium in quantities of military importance in any foreign country, nor the exportation of helium to countries named in proclamations of the President issued pursuant to section 1 (a) or (c) of the Neutrality Act of May 1, 1937 (Public Resolution Numbered 27 of the Seventy-fifth Congress1) while such proclamations are in effect, and shall require exporters to submit a sworn statement to the Secretary of State showing the quantity, destination, consignee, and intended use of each proposed exportation.

Any person violating any of the provisions of this section or of the regulations made pursuant hereto, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment; and the Federal courts of the United States are hereby granted jurisdiction to try and determine all questions arising under this section.

The National Munitions Control Board shall include in its Annual Report to the Congress full information concerning the licenses issued hereunder, together with such information and data collected by the Board as may be considered of value in the determination of questions related to the exportation of helium gas.

In view of the afore-mentioned provisions of law and under the authority of and pursuant to the proviso in section 4 thereof, the Secretary of State prescribed and promulgated on May 23, 1939, with the approval of the National Munitions Control Board and the Secretary of the Interior, the following regulations governing the export of helium gas:

(1) Wherever the word helium is used in these regulations, it shall be understood to mean "contained helium" at standard atmospheric pressure (14.7 pounds per square inch) and 70° Fahrenheit. The expression "contained helium" means the actual quantity of the element helium (i.e. 100 percent pure helium) present in a mixture of helium and other gases. Purity determinations shall be made by usually recognized methods.

(2) Applications for license to export helium gas shall be submitted to the Secretary of State on forms similar to that printed below, copies of which will be furnished by the Secretary of State on request. Each application must be signed and sworn to (or affirmed) in the presence of a notary public before it is transmitted to the Secretary of State. All applications must be submitted in duplicate.

[Here follows, in the original document, certain forms.]

(3) Licenses authorizing export shipments of helium gas for medical, scientific, and commercial use will be issued by the Secretary of State for quantities not to exceed, during any one year, to the ultimate consignees or purchasers within any one country, 500,000 cubic feet.

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(4) Quantities of helium gas that are not of military importance, within the meaning of the term as used in Section 4 of the Act of September 1, 1937 (50 Stat. 885), are defined to be quantities of helium gas not exceeding 500,000 cubic feet.

(5) Applicants for license to export helium gas under paragraph (3) hereof may be required to submit with their applications evidence to show that the helium gas to be exported will be used for only the purposes indicated therein and that subsequent disposition of the helium gas will not in any way violate provisions of the Act of September 1, 1937 (50 Stat. 885), or regulations promulgated thereunder. The Secretary of State may refuse to issue a license if such evidence is not deemed sufficient.

(6) All applications for license to export helium gas shall be accompanied by evidence to show that reasonable safeguards have been adopted to insure that there shall be no unnecessary waste of the helium gas desired.

(7) No license will be issued under these regulations to authorize the exportation of helium gas to a foreign country if it appears that the issuance of such a license would permit the accumulation in that country of helium gas in quantities of military importance. The Secretary of State may, in the case of applicants who have already obtained one license, require that succeeding applications for license to export helium gas be accompanied by information indicating the manner of disposal of the helium gas exported under licenses preceding that applied for. No license will be issued under these regulations if the amount of helium gas authorized for export under such license, taken in conjunction with the amount of helium gas already accumulated within the country of destination and any further amount already licensed for export to such country but not actually delivered would be in excess of 500,000 cubic feet.

(8) No licenses will be issued by the Secretary of State for the exportation of helium gas to any country named in a proclamation issued by the President pursuant to section 1 (a) or (c) of the Neutrality Act of May 1, 1937 (50 Stat. 121),2 while such proclamation is in effect.

(9) Licenses which have been issued under these regulations authorizing the exportation of helium gas to a country which is subsequently named in a proclamation issued by the President pursuant to the provisions of law referred to in paragraph (8) hereof, shall automatically become null and void and further shipment thereunder shall be considered in violation of these regulations.

(10) Licenses authorizing the exportation of helium gas are not transferable and are subject to revocation without notice. If not revoked, such licenses are valid until the date of expiration indicated on the face thereof.

(11) No alterations may be made except by the Department of State, or by collectors of customs or postmasters acting under the specific instructions of the Department of State, in licenses which have been issued under the seal of the Secretary of State.

(12) Licenses which have been revoked or which have expired must be returned immediately to the Secretary of State.

(13) The country of destination and the consignee named in the application for license to export helium gas must, in each case, be the country of ultimate destination and the ultimate consignee, respectively.

(14) The shipper's export declaration (customs form 7525) or such other document as the Bureau of Customs may require must contain the same information in regard to the quantity and value of the helium gas as that which appears on the application for license. If the person

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designated on the export declaration as the actual shipper of the goods is not the person to whom the export license has been issued by the Secretary of State, the name of this shipper should appear on the export license as that of the consignor in the United States.

(15) The originals of licenses authorizing the exportation of helium gas must be presented to the collector of customs at the port through which the shipment authorized by the license is being made. Export licenses and export declarations, or other documents required by the Bureau of Customs, concerning helium gas must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in the case of a shipment by a seagoing vessel, 24 hours before the lading of the vessel.

(16) Licenses authorizing the exportation of helium gas which is being shipped by parcel post must be presented to the postmaster at the post office at which the parcel is mailed.

(17) Helium gas leaving the United States when used for or intended for the inflation of an aircraft under American registry will not be considered as exported within the meaning of section 4 of the Act when it is the intention of the owner of the aircraft that it shall remain under American registry and shall be commanded by a duly certificated United States airman during the entire period of its sojourn abroad, and when there is no intention on the part of the owner of the aircraft to dispose of the helium gas in any foreign country.

CORDELL HULL,
Secretary of State.

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APPENDIX M. PASSPORTS - VESSELS IN COMBAT AREAS

[State Department Regulations of Nov. 6, 1939 (Alnav 64-1939)]

REGULATIONS UNDER SECTION 3 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939

NOVEMBER 6, 1939.

The President's Proclamation of November 4, 1939, issued pursuant to the provisions of section 3 of the joint resolution of Congress approved November 4, 1939, provides as follows:

[Here follows, in the original document, the text of Proclamation No. 2376, Appendix J.]

By virtue of the authority vested in him by the President's proclamation quoted above to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out the provisions of section 3 of the joint resolution of Congress approved November 4, 1939, as made effective by this proclamation, the Secretary of State prescribes the following regulations:

(1) Holders of American passports issued or validated subsequent to September 4, 1939, for travel in Europe are hereby permitted to proceed, in accordance with the authorizations and subject to the restrictions noted on such passports, into and through any such combat area, whether by surface vessels or aircraft, or both, until further regulation. Holders of American passports, whether or not so issued or validated, presently in the combat areas defined by the proclamation of the President of the United States dated November 4, 1939, are hereby permitted to proceed into and through such combat areas in connection with travel in accordance with the authorizations and subject to the restrictions noted on such passports, until further regulation.

(2) The provisions of the President's Proclamation of November 4, 1939, do not apply to the current voyage of any American vessel which cleared for a foreign port in the combat area defined in that proclamation and which departed from a port or from the jurisdiction of the United States in advance of the date of the President's proclamation.

(3) The provisions of the proclamation do not apply to vessels of the United States Navy or the United States Coast Guard proceeding through or into this area under orders or in the course of duty.

(4) The provisions of the proclamation do not apply to any American vessel which, by arrangement with the appropriate authorities of the United States Government, is commissioned to proceed into or through this combat area in order to evacuate citizens of the United States who are in imminent danger to their lives as a result of combat operations incident to the present war, or to any American vessel proceeding into or through this area under charter or other direction and control of the American Red Cross and under safe conduct granted by belligerent states named in the President's proclamation of November 4, 1939.

CORDELL HULL,
Secretary of State.

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APPENDIX N. TRAVEL

[State Department Regulations of November 6, 1939]

REGULATIONS UNDER SECTION 5 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939

Section 5 of the joint resolution of Congress approved November 4, 1939, provides as follows:

[Here follows, in the original document, the text of Sec. 5 of Appendix G.]

Section 15 of the said joint resolution provides as follows:

[Here follows, in the original document, the text of Sec. 15 of Appendix G.]

On November 4, 1939, the President issued a proclamation in respect to France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa under the authority of section 1 of the said joint resolution, thereby making effective in respect to those countries the provisions of section 5 of the said joint resolution quoted above.

Section 13 of the said joint resolution provides as follows:

[Here follows, in the original document, the text of Sec. 13 of Appendix G.]

The President's proclamation of November 4, 1939, issued pursuant to the provisions of section 1 of the above-mentioned joint resolution provides in part as follows:

And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, which is not specifically delegated by Executive order to some other officer or agency of this Government, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

In pursuance of those provisions of the law and of the President's proclamation of November 4, 1939, which are quoted above, the Secretary of State announces the following regulations:

PART 55C - TRAVEL

§ 55C.1 American diplomatic, consular, military, and naval officers. American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa if the public service requires.

§ 55C.2 Other American citizens. Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, Provided, however, That travel on or over the north Atlantic Ocean north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Secretary of State in each case.3

CORDELL HULL,
Secretary of State.

NOVEMBER 6, 1939.

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APPENDIX O. PASSPORTS - TRAVEL

[State Department Regulations of November 17, 1939]

Section 5 (a) of the Neutrality Act of 1939 regarding travel on belligerent vessels provides as follows:

[Here follows, in the original document, the text of Sec. 5 (a) of Appendix G.]

On November 6, the following regulations were prescribed in pursuance of the above provision:

[Here follows, in the original document, the text of Sec. 55C.1 and 55C.2 of Appendix N.]

Section 3 (a) of the Neutrality Act of 1939, regarding travel into or through combat areas provides as follows:

[Here follows, in the original document, the text of Sec. 3 (a) of Appendix G.]

The President, by proclamation of November 4, 1939, entitled "Definition of Combat Areas" defined a combat area as follows:

[Here follows, in the original document, the text of 4th Para. of Appendix J.]

On November 6, 1939, the following regulations relating to travel into and through combat areas were prescribed:

[Here follows, in the original document, the text of Sec. (1) of Appendix M.]

The Acting Secretary of State of the United States hereby amends 22 CFR 55C.2 of November 6, 1939, to read as follows:

Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, Provided, however, That travel on or over the north Atlantic Ocean, north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Passport Division of the Department of State or an American Diplomatic or Consular officer abroad in each case.

and (sic) also prescribes the following regulations supplementing the regulations prescribed on November 6, 1939, which supplemental regulations shall be designated as § 55C.3 (b), (c), (d), (e), and (f), under Title 22 for codification purposes.

PART 55C - TRAVEL

§ 55C.3 American nationals in combat areas - (b) Endorsement of passport for travel in combat areas. American nationals may not travel on any surface vessel or aircraft into or through any area which is or may be defined as a combat area unless they possess American passports which have been endorsed as valid, as hereinafter provided, for such travel by the Passport Division of the Department of State or an American Diplomatic or Consular officer abroad.

(c) Endorsement restricted in validity to one specific journey. Each such endorsement shall be restricted in validity to one specific journey into or through a combat area and shall not be valid for travel on a belligerent vessel unless transportation on a neutral vessel is not reasonably available.

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(d) Endorsement on passports of United States officers and employees. Endorsements valid for travel into or through a combat area may be placed on the passports of officers and employees of the United States, civil or military, and members of their families if the public service requires.

(e) Endorsements for other American nationals in cases of imperative necessity. Endorsements valid for travel into or through a combat area shall not be placed on the passports of other American nationals except in cases of imperative necessity and unless other routes of travel to destination are not reasonably available.

(f) American nationals authorized to travel without endorsement. The regulations § 55C.3 (b), (c), (d), (e), and (f) are not applicable to the following American nationals who are hereby authorized, under the conditions stated, to travel into or through combat areas without being in possession of American passports endorsed as valid for such travel:

(1) Officers and enlisted personnel on board vessels of the United States Navy or United States Coast Guard. Officers and enlisted personnel on board any vessels of the United States Navy or United States Coast Guard proceeding into or through combat areas under orders or in the course of duty.

(2) Officers and members of crew of American vessels authorized to evacuate American citizens. Officers and members of the crew of any American vessel which, by arrangement with the appropriate authorities of the Government of the United States, may be commissioned to proceed into or through a combat area in order to evacuate citizens of the United States who are in imminent danger to their lives as a result of combat operations incident to the present war.

(3) Officers and members of crew of American vessels under direction of American Red Cross. Officers and members of the crew of any American vessel proceeding into or through a combat area under charter or other direction and control of the American Red Cross and under safe conduct granted by belligerent states.

(4) Officers and members of crew of American vessels on current voyage. Officers and members of the crew of any American vessel which in advance of a proclamation by the President, defining any area as a combat area, cleared and departed from an American or foreign port for a port or ports within the area so defined as a combat area: Provided, however , That the provisions of this subparagraph are limited to a current voyage so undertaken.(Secs. 3 (a), 5 (a) Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 2376, Nov. 4, 1939).

SUMNER WELLS,
Acting Secretary of State.

NOVEMBER 17, 1939.

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[State Department Regulations of December 14, 1939]

Pursuant to the authority contained in the President's Proclamations Nos. 2374 and 2376 issued on November 4, 1939, in pursuance of sections 1 and 3, respectively, of the Neutrality Act of 1939, approved November 4, 1939, I, Cordell Hull, Secretary of State of the United States, hereby prescribe the following regulation, amending the regulations issued on November 6, 1939, as amended by regulation issued on November 17, 1939, relating to travel on belligerent vessels, and also amending the regulations issued on November 17, 1939, relating to travel into or through combat areas.

§ 55C.3 American nationals in combat areas - (f) American nationals authorized to travel without endorsement - (5) Individuals possessing both American nationality and a foreign nationality. Individuals who possess both American nationality and a foreign nationality, and who habitually reside in the foreign state of which they are nationals, and who are using passports of such foreign state, may, while en route to and from such state, travel on a belligerent vessel across the English Channel, the Irish Sea, or St. George's Channel without obtaining specific authority and without an American passport endorsed as valid for such travel. Individuals who undertake travel under the conditions indicated shall do so on the understanding that they will look for protection to the foreign state whose passport they carry. (Secs. 1, 3, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Procs. No. 2374, 2376, Nov. 4, 1939)

CORDELL HULL,
Secretary of State.

December 14, 1939.

 

[State Department Regulations of January 16, 1940]

Pursuant to the authority contained in the President's Proclamation No. 2374 of November 4, 1939, issued pursuant to section 1 of the Neutrality Act of 1939, I, Cordell Hull, Secretary of State of the United States, hereby prescribe the following regulation, amending the regulations issued on November 6, 1939, as amended by regulations issued on November 17, 1939, and December 14, 1939, relating to travel on belligerent vessels:

§ 55C.3 American nationals in combat areas - (g) Travel on belligerent vessels in Bay of Fundy. American nationals may travel on belligerent vessels in the Bay of Fundy and its dependent waters. (Sec. 1, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc, No. 2374)

CORDELL HULL,
Secretary of State.

JANUARY 16, 1940.

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[State Department Regulations of April 10, 1940]

§ 55C.5 Application of §§ 55C.3 (a) and 55C.4 (a)-(c) to combat areas defined in President's Proclamation of April 10, 1940. The Secretary of State announces that the regulations under section 3 of the joint resolution of Congress approved November 4, 1939, which he promulgated on November 64 and November 17, 1939, henceforth apply equally in respect to travel into or through the combat area denned in the President's Proclamation of April 10, 1940: Provided, however, That the exceptions authorized by § 55C.4 (a) shall not apply to American vessels which have cleared for a port or ports in the combat area, but which had not entered that area prior to the date of the regulations in this section. (Sec. 3, Public Res. 54, 76th Cong., 2d sess., approved November 4, 1939; Proc. No. 2394, April 10, 1940.)

CORDELL HULL,
Secretary of State.

APRIL, 10, 1940.

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[State Department Regulations of April 25, 1940]

Pursuant to the provisions of section 5 of the joint resolution of Congress, approved November 4, 1939, and of the President's Proclamation of April 10, 1940, the regulations in 22 CFR 55C.1 and 55C.2 of November 6, 1939, as amended November 17, 1939, are hereby amended to read as follows:

§ 55C.1 American diplomatic, consular, military, and naval officers. American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, the Union of South Africa, and Norway if the public service requires. (Sec. 5, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 2398, April 25, 1940)

§ 55C.2 Other American citizens. Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, the Union of South Africa, and Norway: Provided, however, That travel on or over the north Atlantic Ocean, north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Passport Division of the Department of State or an American Diplomatic or Consular officer abroad in each case.

(Sec. 5, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 2398, April 25, 1940)

[SEAL]                   CORDELL HULL,
Secretary of State.

APRIL 25, 1940.

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[State Department Regulations of May 11, 1940]

Pursuant to the provisions of section 5 of the joint resolution of Congress, approved November 4, 1939, and of the President's proclamation of April 10, 1940, the regulations in 22 CFR 55C.1 and 55C.2 of November 6, 1939, as amended November 17, 1939, and April 25, 1940, are hereby amended to read as follows:

§ 55C.1 American diplomatic, consular, military, and naval officers. American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, the Union of South Africa, Norway, Belgium, and the Netherlands, if the public service requires. (Sec. 5, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 2404, May 11, 1940)

§ 55C.2 Other American citizens. Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, the Union of South Africa, Norway, Belgium, and the Netherlands: Provided, however , That travel on or over the north Atlantic Ocean, north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Passport Division of the Department of State or an American diplomatic or consular officer abroad in each case. (Sec. 5, Public Res. 54, 76th Cong., 2d sess., approved Nov. 4, 1939; Proc. No. 2404, May 11, 1940)

CORDELL HULL,
Secretary of State.

MAY 11, 1940.

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APPENDIX P

TREASURY DEPARTMENT,
UNITED STATES COAST GUARD,
Washington, September 11, 1939.

From: Commandant.
To: All District Commanders and Commander, Los Angeles Section.
Subject: Neutrality duty in connection with radio communications; instructions concerning.
Reference: (a) Treasury Decision numbered 49957 dated September 8, 1939.
(b) Instructions Concerning the Sealing of Radio Apparatus on Merchant Vessels of Belligerents By the United States Coast Guard dated September 11, 1939.
Inclosure: (1) Copies of reference (b).

1. Reference (b) is hereby promulgated for the information and guidance of all concerned. It shall, upon receipt, become effective.

2. In any case not covered by these instructions, proclamations, executive orders, or other instructions, the officer concerned may refer the matter to the Commandant for decision.

3. Each district commander shall prepare a letter of instructions addressed to the master of a merchant vessel of a belligerent whose radio apparatus is sealed. The letter of instructions shall be delivered to the master by a representative of the district commander.

4. The representative of the district commander shall secure from the master of the vessel, the following information:

    (1) Name, type, and nationality of each vessel;

    (2) Name of the master;

    (3) Owner of vessel. Give complete information as to ownership, charter, and status of officers and crew;

    (4) Hour, date, and place of arrival within the jurisdiction of the United States;

    (5) Hour, date, and place desired to depart from the jurisdiction of the United States;

    (6) Last previous port;

    (7) Nature of service and purpose of visit;

    (8) Port bound to;

    (9) Brief description of all radio and signal apparatus on board each vessel.

5. If repairs, alterations, or adjustments to radio apparatus are deemed necessary require the master to submit a certificate to the district commander setting forth the exact nature of the services he desires to have performed. The district commander shall make all authorizations in regard to repairs, alterations, or adjustments a vessel may make to radio apparatus: Such authorization shall be based on the provisions of the President's neutrality proclamation and other proclamations and executive orders, and any instructions received from the Commandant.

6. As soon as possible after the receipt of the information enumerated in paragraph five hereof, the district commander shall give written notice to the master of the vessel concerned of the exact nature of the repairs, alterations, or adjustments that may be made, indicating the time limit, if possible, within which such services may be performed.

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7. In case of any act in violation of the neutrality of the United States in connection with radio communications by a vessel, or any of her officers, crew, or passengers, each district commander shall report all facts to the Commandant with appropriate recommendations as to action to be taken.

8. Pending further instructions, each district commander shall make request upon the appropriate collector of customs for a supply of seals of appropriate type for sealing the radio apparatus of merchant vessels of belligerents. A receipt for the seals received, showing the serial numbers thereof, shall be furnished the collector.

9. Acknowledge receipt hereof.

R. R. WAESCHE.


NEUTRALITY DUTY

INSTRUCTIONS CONCERNING THE SEALING OF RADIO APPARATUS ON MERCHANT VESSELS OF BELLIGERENTS BY THE UNITED STATES COAST GUARD, SEPTEMBER 11, 1939

1. Page 6 of the Intelligence Office Circular dated Septembers, 1939, numbered 24 - (Service), contains the following paragraph, which is quoted from the President's Proclamation of neutrality dated September 5, 1939, numbered 3248:

All belligerent vessels shall refrain from use of their radio and signal apparatus while in the harbors, ports, roadsteads, or waters subject to the jurisdiction of the United States, except for calls of distress and communications connected with safe navigation or arrangements for the arrival of the vessel within, or departure from, such harbors, ports, roadsteads, or waters, or passage through such waters; provided that such communications will not be of direct material aid to the belligerent in the conduct of military operations against an opposing belligerent. The radio of belligerent merchant vessels may be sealed by the authorities of the United States, and such seals shall not be broken within the jurisdiction of the United States except by proper authority of the United States.

2. The Executive Order of the President of September 5, 1939, numbered 8233 and published to the Service in Intelligence Office Circular dated September 5, 1939, numbered 23 - (Service), on page 2, paragraph 3, states that certain functions to enforce the afore-mentioned proclamation were allocated to the Treasury Department, as follows:

(Under such further division of responsibility as the Secretary of the Treasury and the Secretary of Commerce may mutually agree upon.) Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation so far as concerns all vessels except those referred to in paragraph numbered 2 hereof, with the special cooperation of the Department of the Interior in the territories and outlying possessions where the Treasury Department and the Commerce Department are required by law to carry out their respective functions, and except in the Philippine Islands, the Canal Zone, and the outlying possessions subject to the exclusive jurisdiction of the Navy Department.

3. By Treasury Decision numbered 49957, dated September 8, 1939, which is quoted below, the Secretary of the Treasury charged the United States Coast Guard, under the general direction of the Commandant, with responsibility for the enforcement of neutrality of radio communication by merchant vessels of belligerents:

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(T. D. 49957) ENFORCEMENT OF NEUTRALITY - COMMUNICATIONS

RESPONSIBILITY FOR THE ENFORCEMENT OF THE OBSERVANCE OF NEUTRALITY IN RADIO COMMUNICATION BY MERCHANT VESSELS OF BELLIGERENTS

TREASURY DEPARTMENT,
Washington, D.C., September 8, 1939.

To the Commandant, United States Coast Guard, the Commissioner of Customs, and others concerned:

1. Pursuant to the Proclamation of the President dated September 5, 1939, numbered 3248, concerning the general neutrality of the United States and the Executive Order of the President of the same date, numbered 8233, in which certain functions to enforce said proclamation were allocated to the Treasury Department, the United States Coast Guard is hereby charged, under the general direction of the Commandant, with the enforcement of neutrality in radio communication by merchant vessels of belligerents.

2. The United States Customs Service shall cooperate generally with the Coast Guard in the enforcement of neutrality in radio communications by merchant vessels of belligerents. At places where no representative of the Coast Guard is detailed to carry into effect such instructions as may be issued by the Commandant to district commanders of the Coast Guard, the duties therein prescribed shall, upon request, be performed by such customs officer or officers as may be designated by the appropriate Collector of Customs.

3. The provisions of paragraph (i), Article 178, Customs Regulations of 1937, are hereby suspended until further notice.

4. This Treasury Decision is prescribed pursuant to section 161, Revised Statutes (U.S.C. title 5, sec. 22), and section 1, Act of June 22, 1936 (U.S.C., Sup. IV, title 14, sec. 45).

(Signed) HERBERT, E. GASTON
Acting Secretary of the Treasury.

4. The paragraph from the President's Proclamation numbered 3248, quoted above, prohibits the use of radio and signal apparatus of all belligerent vessels while in the harbors, ports, roadsteads, or waters, subject to the jurisdiction of the United States, except for:

    (1) Calls of distress;

    (2) Communications connected with safe navigation;

    (3) Communications connected with arrangements for arrival of the vessel within, or departure from, such harbors, ports, roadsteads, or waters, or passage through such waters.

It is further provided in the said paragraph that such communications will not be permitted if they will be of material aid to a belligerent in the conduct of military operations against an opposing belligerent.

5. Pursuant to the authority conferred upon the Commandant by Treasury Decision numbered 49957, quoted above, the following instructions are hereby promulgated for the information of all concerned:

    Effective immediately upon receipt of instructions by dispatch from the Commandant directing the sealing of radio apparatus each district commander will:

    (1) Seal all radio apparatus of each vessel specified in the dispatch when such apparatus is no longer required for the three purposes set forth in paragraph 4 hereof;

    (2) Inform the master of each such vessel that the seal shall not be broken within the jurisdiction of the United States except by written permission of the district commander;

    (3) Report to the Commandant and the appropriate collector of customs by letter the name of each vessel whose radio apparatus is sealed.

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6. Pending receipt of instructions by dispatch from the Commandant to seal the radio apparatus of all merchant vessels of belligerents, each district commander, who is informed that the radio apparatus of a merchant vessel of a belligerent is being used in his district and within the jurisdiction of the United States for the transmission or reception of unneutral communications, will report immediately all circumstances to the Commandant by urgent dispatch, followed by a narrative report, air-mailed, if practicable, for decision as to what action is to be taken.

7. As used in these instructions the following terms shall be interpreted to mean:

    (1) Unneutral communications. - Those affecting belligerent military forces or belligerent military operations, or which will aid, or be of material importance to, belligerents in the conduct of military operations, whether directly or indirectly;

    (2) Calls of distress. - The distress call and all necessary communications incident to distress;

    (3) Radio apparatus. - Radio transmitters only.

COOPERATION WITH THE FEDERAL COMMUNICATIONS COMMISSION

8. Each district commander shall, upon the receipt of these instructions, make written arrangements, mutually agreed upon, with the designated local representative of the Federal Communications Commission to permit any inspector of said Commission to perform his regular functions under the Federal Communications Act of 1934, as amended (48 Stat. 1064; 47 U.S.C., Chapter 5), in the case of a merchant vessel the sealing of whose radio apparatus may be directed by the Commandant. In addition to the foregoing arrangements the district commander under such rules or regulations as he may prescribe will permit to be made all necessary repairs, alterations, or adjustments to sealed radio apparatus requested by the master. A copy of the arrangements with the Federal Communications Commission's representative, and the rules or regulations prescribed by the district commander, shall be furnished the Commandant and appropriate collector of customs.

COOPERATION WITH THE UNITED STATES CUSTOMS SERVICE

9. Each district commander shall, upon receipt of these instructions, make arrangements at each of the ports of entry within his district for the detail of suitable Coast Guard personnel to carry out the duties prescribed in these instructions. In exceptional cases or in localities where the district commander has not detailed a member of his force, the district commander shall promptly request the appropriate collector of customs to have the duties herein prescribed performed by such customs officer or officers as the collector of customs may designate, and furnish a copy of such request to the Commandant.

R. R. WAESCHE,
Rear Admiral, United States Coast Guard,
Commandant, United States Coast Guard.

Amended by -

    Amendment No. 1 of February 10, 1940.
    Amendment No. 2 of March 9, 1940.
    Amendment No. 2 which includes No. 1 is quoted herewith:

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MARCH 9, 1940.

AMENDMENT NO. 2 TO INSTRUCTIONS CONCERNING THE SEALING OF RADIO APPARATUS ON MERCHANT VESSELS OF BELLIGERENTS BY THE UNITED STATES COAST GUARD DATED SEPTEMBER 11, 1939

Amendment No. 1 to the instructions cited dated February 10, 1940 (IOF-601-800) is hereby amended to read as follows:

1. Whenever a district commander has reasonable cause to believe that a merchant vessel of any neutral country is wholly chartered by, or in the exclusive employment or control of, the government or nationals of any belligerent country named in the President's Proclamations No. 234S, No. 2353, and No. 2359 (the belligerent countries named in those proclamations are: Germany and France, Poland, and the United Kingdom, India, Australia, New Zealand, the Union of South Africa, and Canada), the radio apparatus of such vessel shall be sealed to the same extent and in the same manner as is specified in "Instructions Concerning The Sealing of Radio Apparatus On Merchant Vessels of Belligerents By The United States Coast Guard Dated September 11, 1939," for merchant vessels of belligerents.

2. Whenever a district commander has reasonable cause to believe that a merchant vessel of any neutral country is partly chartered, employed, or controlled by the government or nationals of any belligerent country, the radio apparatus of such vessel shall not be sealed, but a report giving all information possible of the extent and character of the charter or employment or control status of such vessel, shall be forwarded promptly to the Commandant, U.S. Coast Guard, for such action as he may prescribe. A copy of such report shall be furnished the appropriate collector of customs. The case of each vessel and nationality is to be handled separately.

R. R. WAESCHE, REAR ADMIRAL,
United States Coast Guard,
Commandant, United States Coast Guard.

EXCERPT FROM PRESIDENT'S PROCLAMATION OF NEUTRALITY NUMBERED 3248, DATED SEPTEMBER 5, 1939:

All belligerent vessels shall refrain from use of their radio and signal apparatus while in the harbors, ports, roadsteads, or waters subject to the jurisdiction of the United States, except for calls of distress and communications connected with safe navigation or arrangements for the arrival of the vessel within, or departure from, such harbors, ports, roadsteads, or waters, or passage through such waters; provided that such communications will not be of direct material aid to the belligerent in the conduct of military operations against an opposing belligerent. The radio of belligerent merchant vessels may be sealed by the authorities of the United States, and such seals shall not be broken within the jurisdiction of the United States except by proper authority of the United States.


FORM LETTER TO MASTERS OF MERCHANT VESSELS OF BELLIGERENTS

The following form letter is given as a guide to district commanders in issuing instructions to the master of a merchant vessel of a belligerent upon arrival or when deemed necessary:

Master__________________________.

SIR: I have to inform you that by direction of the Commandant of the United States Coast Guard I am charged with all matters relating to merchant vessels of belligerents while within the jurisdictional limits of this Coast Guard district having to do with the enforcement of neutrality in radio communication.

I enclose for your information a copy of the pertinent part of the President's proclamation of neutrality dated September 5, 1939, and T. D. 49957 dated September 8, 1939.

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The Government of the United States expects that while your vessel is within the jurisdiction of the United States:

(1) You will comply with the provisions of the President's proclamation of neutrality and of all other proclamations and executive orders, and will insure that all persons under your command likewise comply with them.

(2) You will not permit the seal affixed to any or all of the radio apparatus on board the vessel under your command to be broken without my written permission, regardless of the length of your stay, and in no case before your vessel has departed from the jurisdiction of the United States.

(3) You will not permit any repairs, alterations, or adjustments whatsoever to be made to the radio apparatus on board your vessel without my written permission, or permit the use of any radio or signal apparatus on board your vessel, except as provided in the President's proclamation (proclamations) (and executive orders).

(4) It is desired that all requests in connection with the foregoing items, and similar matters, be submitted to me in writing. Such requests should be accompanied by complete information necessary for making a decision in the premises in accordance with the neutrality proclamation (proclamations) (and executive orders) of the President of the United States. Action by you shall be withheld until receipt of authorization from me. Such authorization shall be in writing unless, exceptionally, it is transmitted to you by official dispatch. In either case, the authorization shall be over my signature.

(5) Should the vessel under your command or any of her officers, crew, or passengers, commit any act in violation of the neutrality of the United States, action as the circumstances may demand, will be taken by the United States.

Respectfully,

__________________________________
(Signature)

__________________________U.S.C.G.
(Rank)

Commander, ____________________District.

The following form may be used in connection with obtaining necessary information from the master and keeping the commandant advised:

PART A

(To be prepared by master when and if repairs, etc., are desired)

(1) Nature of damage_____________________________________________________________

(2) Cause of damage _____________________________________________________________

(3) Exact nature of repairs desired _____________________________________________

I, __________________________________________, hereby certify that the desired services as listed above are necessary to place the radio apparatus in serviceable condition.

____________________________________________
(Signature)

____________________________________________
(Title or Rank)

____________________________________________
(Name of Vessel)

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PART B

(To be prepared by Coast Guard representative)

(1) Name of vessel____________________________ Type____________________________________

Nationality__________________________________

(2) Name of master______________________________________________________________________

(3) Owner of vessel_____________________________________________________________________

(Give under Remarks (*) complete information as to ownership, charter, and status of officers and crew.)

(4) Arrival within the jurisdiction of the United States; hour______________________ date___________________________ place_____________________

(5) Desired departure from the jurisdiction of the United States; hour___________________ date______________________ place_____________________

(6) Last previous port___________________________________________________________________

(7) Nature of service___________________________________________________________________

Purpose of visit__________________________________________________________________________

(8) Port bound to_________________________________________________________________________

*(9) Remarks______________________________________________________________________________

DESCRIPTION OF RADIO AND SIGNAL APPARATUS

(10) Transmitters:

    Type___________________________________________________________________________________

    Manufactured by______________________________________________________________________

    Power_____________________________________________________________________________________

    Frequency range________________________________________________________________________

    Frequencies to which calibrated___________________________________________________________

(11) Brief description of any signaling apparatus________________________________________

(12) Brief description sealing operations:_______________________________________________

Date______________________________

I hereby certify that I have, in accordance with orders of the commander, district sealed the radio apparatus of the above-named vessel. The serial number (numbers) of the seals used is (are):

______________________________
(Signature)

______________________________
(Rank or Rating)

Attached to___________________ District.

PART C

(To be prepared by district commander)

FIRST INDORSEMENT

Date___________________

1. Forwarded for the information of the Commandant, U.S. Coast Guard.

______________________________
(Signature)

______________________________
(Rank or Rating)

Commander,___________________ District.

(Copy to be retained for files of district.)

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[Blank]

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APPENDIX Q. EXTRACTS FROM CUSTOMS REGULATIONS OF THE TREASURY DEPARTMENT

FOREIGN AND COASTING TRADE

ART. 178. Observance of neutrality - Exportation of arms and munitions. - (a) Collectors of customs are responsible for the enforcement in their districts of the neutrality laws of the United States. They are required to detain any vessel manifestly built for warlike purposes and about to depart from the United States with a cargo consisting principally 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 cruise or commit hostilities upon the subjects, citizens, or property of any foreign country with which the United States is at peace, until the decision of the President be had thereon, or until the owner or owners shall give bond or security in double the value of the vessel and cargo, that she will not be so employed.

(b) They will not, however, refuse clearance solely on the ground that the cargo contains contraband of war.

(c) Whenever a vessel of a belligerent power, which has arrived as a merchant vessel, alters, or attempts to alter, her status as a merchant vessel, or there is reason to believe that she intends to alter such status, so as to become an auxiliary cruiser or armed vessel, collectors will promptly notify the Bureau of Customs.

(d) Collectors of customs under instructions from the Bureau of Customs will withhold clearance from any vessel, American or foreign, believed to be about to carry fuel, arms, ammunition, men, or supplies to any warship, or tender or supply ship of a belligerent nation during the existence of a war to which the United States is not a party.

(e) In case such vessel shall depart or attempt to depart without clearance for any of the purposes above mentioned, any person who shall take, attempt or conspire to take, or authorize the taking of such vessels out of port or from the jurisdiction of the United States, shall be fined not more than $10,000, or be imprisoned not exceeding 5 years, or both, and in addition such vessel and her cargo shall be forfeited.

(f) The importation and exportation of arms, ammunition, and implements of war, and the exportation of other munitions of war are prohibited except under license issued by the Secretary of State. The list of articles comprising arms, ammunition, and implements of war, and the laws and regulations administered by the Secretary of State governing the international traffic in arms, ammunition, and implements of war, and other munitions of war (tin-plate scrap) are set forth in the pamphlet entitled "International Traffic in Arms",5 Third Edition, copies of which accompanied Bureau of Customs Circular Letter No. 1550, dated May 5, 1936. The importation and exportation of firearms are restricted by regulations issued by the Commissioner of Internal Revenue under authority of the National Firearms Act, as amended, copies of which accompanied Bureau of Customs Circular Letters Nos. 1388 and 1567, dated June 3, 1935, and June 11, 1936. The definition of the term "firearm" under this law, as amended, reads:

The term "firearm" means a shotgun or rifle having a barrel of less than 18 inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or

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not such firearm is included within the foregoing definition, but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is 16 inches or more in length.

(g) Arms, ammunition, and implements of war imported or which are being exported, or are intended to be exported or shipped from the United States in violation of the regulations mentioned in the preceding paragraph may be seized and detained and the carrying vessel or vehicle detained by the collector of customs.

(h) Collectors shall promptly notify the United States attorney of all such seizures or detentions in order that action may be taken as required by law.

(i) Collectors are also charged with the enforcement of the observance of neutrality in radio communication by vessels, and if necessary will seal up the wireless room and apparatus of any merchant vessel of a belligerent power. When sealing a vessel's radio apparatus they should inform the master that the seal must not be broken until he has cleared the port, and that upon obtaining his clearance papers he should make application for a written permit to break the seal. In the case of vessels of war of belligerent nations, collectors will notify the commanders that their radio apparatus cannot be used while in port.6

(j) Collectors may call upon the Coast Guard or officers of the Navy or Army for such force or assistance as may be necessary in the prevention of violations of the neutrality laws.

Articles 245 to 257, inclusive, of the Customs Regulations concerning "Air Commerce" are now undergoing extensive revision. When the revision is completed, these articles will probably be included in this Appendix.

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APPENDIX R. EXTRACTS FROM LAWS OF THE UNITED STATES PERTAINING TO NEUTRALITY

1. The provisions of the Act of March 4, 1909, Act of May 7, 1917, Act of June 15, 1917, and Act of January 31, 1922 are embodied in the parts of the Code of Laws of the United States of America quoted below:

CODE OF LAWS OF THE UNITED STATES OF AMERICA

TITLE 18. CRIMINAL CODE AND CRIMINAL PROCEDURE

PART 1. CRIMES

CHAPTER 2. OFFENSES AGAINST NEUTRALITY

Sec.
21. Accepting commission to serve against friendly power.
22. Enlisting in foreign service; exceptions.
23. Arming vessels against friendly powers; forfeiture of vessel.
24. Augmenting force of foreign armed vessel.
25. Organizing military expedition against friendly power.
26. Enforcement by courts; employment of land or naval forces.
27. Compelling foreign vessels to depart.
28. Bonds from armed vessels on clearing.
29. Detention by collectors of customs.
30. Construction of chapter; transient aliens; prosecutions for treason or piracy.
31. Enforcement of neutrality; withholding clearance papers from vessels.
32. Same; detention of armed vessels.
33. Same; sending out armed vessel with intent to deliver to belligerent nation.
34. Same; statement from master that cargo will not be delivered to other vessels.
35. Same; forbidding departure of vessels.
36. Same; unlawful taking of vessel out of port.
37. Same; internment of person belonging to armed land or naval forces of belligerent nation; arrest; punishment for aiding escape.
38. Same; enforcement of sections 25, 27, and 31 to 37 of this title.
39. Same; United States defined; jurisdiction of offenses; prior offenses; partial invalidity of provisions.

SEC. 21. (Criminal Code, sec. 9.) Accepting commission to serve against friendly power. - Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than $2,000 and imprisoned not more than three years. (R. S. section 5281; Mar. 4, 1909, c. 321, Section 9, 35 Stat. 1089.)

SEC. 22. (Criminal Code, sec. 10, amended.) Enlisting in foreign service; exceptions. - Whoever, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state,

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colony, district, or people as a soldier or as a marine or seaman on board of any vessel of war, letter of marque, or privateer shall be fined not more than $1,000 and imprisoned not more than three years: Provided, That this section shall not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this proviso shall be under regulations prescribed by the Secretary of War. (R. S. section 5282; Mar. 4, 1909, c. 321, Section 10, 35 Stat. 1089; May 7, 1917, c. 11, 40 Stat. 39.)

SEC. 23. (Criminal Code, sec. 11.) Arming vessels against friendly powers; forfeiture of vessel. - Whoever, within the territory or jurisdiction of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince, or state, or of any colony, district, or people, 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, or whoever issues or delivers a commission within the territory or jurisdiction of the United States for any vessel, to the intent that she may be so employed, shall be fined not more than $10,000 and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States. (R. S. section 5283; Mar. 4, 1909, c. 321, Section 11, 35 Stat. 1090.)

SEC. 24. (Criminal Code, sec. 12.) Augmenting force of foreign armed vessel. - Whoever, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than $1,000 and imprisoned not more than one year. (R. S. section 5285; Mar. 4, 1909, c. 321, section 12, 35 Stat. 1090.)

SEC. 25. (Criminal Code, sec. 13, amended.) Organizing military expedition against friendly power. - Whoever, within the territory or jurisdiction of the United States or of any of its possessions, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or who takes part in any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined not more than $3,000 or imprisoned not more than three years, or both. (R. S. section 5286; Mar. 4, 1909, c. 321, section 13, 35 Stat. 1090; June 15, 1917, c. 30, Title V, section 8, 40 Stat. 223.)

SEC. 26. (Criminal Code, sec. 14.) Enforcement by courts; employment of land or naval forces. - The district courts shall take cognizance of all complaints, by whomsoever constituted,

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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 chapter; 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 chapter, 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. (R. S. sec. 5287; Mar. 4, 1909, c. 321, section 14, 35 Stat. 1090.)

SEC. 27. (Criminal Code, sec. 15, amended.) Compelling foreign vessels to depart. - 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. (R. S. section 5288; Mar. 4, 1909, c. 321, section 15, 35 Stat. 1091; June 15, 1917, c. 30, Title V, section 10, 40 Stat. 223.)

SEC. 28. (Criminal Code, sec. 16.) Bonds from armed vessels on clearing. - 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. (R. S. section 5289; Mar. 4, 1909, c. 321, section IC, 35 Stat. 1091.)

SEC. 29. (Criminal Code, section 17.) Detention by collectors of customs. - 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 28 of this title. (R. S. section 5290; Mar. 4, 1909, c. 321, section 17, 35 Stat. 1091.)

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SEC. 30. (Criminal Code, section 18.) Construction of chapter; transient aliens; prosecutions for treason or piracy. - The provisions of sections 21 to 29 of this title shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States, and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy denned by the laws of the United States. (R. S. section 5291; Mar. 4, 1909, c. 321, section 18, 35 Stat. 1091.)

SEC. 31. Enforcement of neutrality; withholding clearance papers from vessels. - During a war in which the United States is a neutral nation, the President, or any person thereunto authorized by him, may withhold clearance from or to any vessel, domestic or foreign, which is required by law to secure clearance before departing from port or from the jurisdiction of the United States, or, by service of formal notice upon the owner, master, or person in command or having charge of any domestic vessel not required by law to secure clearances before so departing, to forbid its departure from port or from the jurisdiction of the United States, whenever there is reasonable cause to believe that any such vessel, domestic or foreign, whether requiring clearance or not, is about to carry fuel, arms, ammunition, men, supplies, dispatches, or information to any warship, tender, or supply ship of a foreign belligerent nation in violation of the laws, treaties, or obligations of the United States under the law of nations; and it shall thereupon be unlawful for such vessel to depart. (June 15, 1917, c. 30, Title V, sec. 1, 40 Stat. 221.)

SEC. 32. Same; detention of armed vessels. - During a war in which the United States is a neutral nation, the President, or any person thereunto authorized by him, may detain any armed vessel owned wholly or in part by American citizens, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, until the owner or master, or person having charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed by the said owners, or master, or person having charge thereof, to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any belligerent nation, or to an agent, officer, or citizen of such nation, by them or any of them, within the jurisdiction of the United States, or, having left that jurisdiction, upon the high seas. (June 15, 1917, c. 30, Title V, sec. 2, 40 Stat. 221.)

SEC. 33. Same; sending out armed vessel with intent to deliver to belligerent nation. - During a war in which the United States is a neutral nation, it shall be unlawful to send out of the jurisdiction of the United States any vessel built, armed, or equipped as a vessel of war, or converted from a private vessel into a vessel of war, with any intent or under any agreement or contract, written or oral, that such vessels shall be delivered to a belligerent nation, or to an agent, officer, or citizen of such nation, or with reasonable cause to believe that the said vessel shall or will be employed in the service of any such belligerent nation after its departure from the jurisdiction of the United States. (June 15, 1917, c. 30, Title V, sec. 3, 40 Stat. 222.)

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SEC. 34. Same; statement from master that cargo will not be delivered to other vessels. During a war in which the United States is a neutral nation, in addition to the facts required by sections 91, 92, and 94 of Title 46 to be set out in the masters' and shippers' manifests before clearance will be issued to vessels bound to foreign ports, each of which sections is hereby declared to be and is continued in full force and effect, every master or person having charge or command of any vessel, domestic or foreign, whether requiring clearance or not, before departure of such vessel from port shall deliver to the collector of customs for the district wherein such vessel is then located a statement, duly verified by oath, that the cargo or any part of the cargo is or is not to be delivered to other vessels in port or to be transshipped on the high seas, and, if it is to be so delivered or transshipped, stating the kind and quantities and the value of the total quantity of each kind of article so to be delivered or transshipped, and the name of the person, corporation, vessel, or government to whom the delivery or transshipment is to be made; and the owners, shippers, or consignors of the cargo of such vessel shall in the same manner and under the same conditions deliver to the collector like statements under oath as to the cargo or the parts thereof laden or shipped by them, respectively. (June 15, 1917, c. 30, Title V, sec. 4, 40 Stat. 222.)

SEC. 35. Same; forbidding departure of vessels. Whenever it appears that the vessel is not entitled to clearance or whenever there is reasonable cause to believe that the additional statements under oath required in section 34 of this title are false, the collector of customs for the district in which the vessel is located may, subject to review by the Secretary of Commerce, refuse clearance to any vessel, domestic or foreign, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, forbid the departure of the vessel from the port or from the jurisdiction of the United States; and it shall thereupon be unlawful for the vessel to depart. (June 15, 1917, c. 30, Title V, sec. 5, 40 Stat. 222.)

SEC. 36. Same; unlawful taking of vessel out of port. - Whoever, in violation of any of the provisions of sections 25, 27, and 31 to 38 of this title, shall take, or attempt or conspire to take, or authorize the taking of any such vessel, out of port, or from the jurisdiction of the United States shall be fined not more than $10,000 or imprisoned not more than five years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States. (June 15, 1917, c. 30, Title V, sec. 6, 40 Stat. 222.)

SEC. 37. Same; internment of person belonging to armed land or naval forces of belligerent nation; arrest; punishment for aiding escape. Whoever, being a person belonging to the armed land or naval forces of a belligerent nation or belligerent faction of any nation and being interned in the United States, in accordance with the law of nations, shall leave or attempt to leave said jurisdiction, or shall leave or attempt to leave the limits of internment in which freedom of movement has been allowed, without permission from the proper official of the United States in charge, or shall willfully overstay a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct; and whoever, within the jurisdiction of the United States and subject thereto, shall aid or entice any interned person to escape or attempt to escape from the jurisdiction of the United States, or from the limits of internment prescribed, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 15, 1917, c. 30, Title V, sec. 7, 40 Stat. 223.)

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SEC. 38. Enforcement of sections 25, 27, and 31 to 37 of this title. 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 25, 27, and 31 to 37 of this title. (June 15, 1917, c. 30, Title V, sec. 9, 40 Stat. 223.)

SEC. 39. Same; United States defined; jurisdiction of offenses, prior offenses; partial invalidity of provisions. - The term "United States," as used in sections 25, 27, and 31 to 38 of this title, includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The several courts of first instance in the Philippine Islands and the district court of the Canal Zone shall have jurisdiction of offenses under said sections 25, 27, and 31 to 38 committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses thereunder committed upon the high seas, and of conspiracies to commit such offenses, as defined by section 88 of this title, and the provisions of said section 88, for the purposes of sections 25, 27, and 31 to 38 of this title, are extended to the Philippine Islands and to the Canal Zone. Offenses committed and penalties, forfeitures, or liabilities incurred prior to June 15, 1917, under any law embraced in or changed, modified, or repealed by sections 25, 27, and 31 to 38 may be prosecuted and punished, and suits and proceedings for causes arising or acts done or committed prior to June 15, 1917, may be commenced and prosecuted, in the same manner and with the same effect as if said sections 25, 27, and 31 to 38 had not been passed. If any clause, sentence, paragraph, or part of sections 25, 27, and 31 to 38 shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (June 15, 1917, c. 30, Title XIII, sees. 1 to 4, 40 Stat. 231.)

TITLE 22. FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 5. PRESERVATION OF FRIENDLY FOREIGN RELATIONS GENERALLY

Sec.
236. Exportation of munitions of war restricted.
237. Penalty for exportation of munitions of war.
238. Seizure of munitions of war, etc., intended for export generally; forfeiture.
239. Warrant for detention of property seized.
240. Petition for restoration of property seized.
241. Libel and sale of property seized.
242. Method of trial; right to jury trial; bond for redelivery.
243. General extent of interference with foreign trade.
244. Discretion of President in ordering release of property seized.
245. Use of land and naval forces to prevent exportation.

SEC. 236. Exportations of munitions of war restricted. - Whenever the President finds that in any American country, or in any country in which the United States exercises extraterritorial jurisdiction, conditions of domestic violence exist, which are or may be promoted by the use of arms or munitions of war procured from the United States, and makes proclamation thereof, it shall be unlawful to export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress, (Jan. 31, 1922, c. 44, sec. 1, 42 Stat. 361.)

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SEC. 237. Penalty for exportation of munitions of war. - Whoever exports any arms or munitions of war in violation of section 236 of this title shall, on conviction, be punished by fine not exceeding $10,000, or by imprisonment not exceeding two years, or both. (Jan. 31, 1922, c. 44, sec. 2, 42 Stat. 361.)

SEC. 238. Seizure of munitions of war, etc., intended for export generally; forfeiture. - 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 there shall be known or probable cause to believe that any such arms or munitions of war, or other articles are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law, the several collectors, comptrollers of customs, surveyors, inspectors of customs, and marshals, and deputy marshals of the United States, and every other person duly authorized for the purpose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter in this chapter directed. If upon due inquiry as hereinafter in this chapter provided the property seized shall appear to have been about to be so unlawfully exported, shipped, from, or taken out of the United States, the same shall be forfeited to the United States. (June 15, 1917, c. 30, Title VI, sec. 1, 40 Stat. 223; June 17, 1930, c. 497, Title IV, sec. 523, 46 Stat. 740.)

See section 5a of Title 19.

SEC. 239. Warrant for detention of property seized. - It shall be the duty of the person making any seizure under sections 238 to 245, inclusive, of this chapter to apply, with due diligence, to the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, which warrant shall be granted only on oath or affirmation showing that there is known or probable cause to believe that the property seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge refuses to issue the warrant, or application therefor is not made by the person making the seizure within a reasonable time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that the seizure was justified under the provisions of sections 238 to 245, inclusive, of this chapter, and issues his warrant accordingly, then the property shall be detained by the person seizing it until the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law on petition of the claimant, or on trial of condemnation proceedings, as provided in the following sections. (June 15, 1917, c. 30, Title VI, sec. 2, 40 Stat. 224.)

SEC. 240. Petition for restoration of property seized. - The owner or claimant of any property seized under sections 238 to 245, inclusive, of this chapter may, at any time before condemnation proceedings have been instituted, as provided in the folio wing sections, file his petition for its restoration in the district court of the United States, or the district court of the Canal Zone, or the court of first instance in the Philippine Islands, having jurisdiction over the place in which the seizure was made, whereupon the court shall advance the cause for hearing and determination with all possible dispatch, and, after causing notice to be given to the United States attorney for

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the district and to the person making the seizure, shall proceed to hear and decide whether the property seized shall be restored to the petitioner or forfeited to the United States. (June 15, 1917, c. 30, Title VI, sec. 3, 40 Stat. 224.)

SEC. 241. Libel and sale of property seized. - Whenever the person making any seizure under sections 238 to 245, inclusive, of this chapter, applies for and obtains a warrant for the detention of the property, and (a) upon the hearing and determination of the petition of the owner or claimant restoration is denied, or (b) the owner or claimant fails to file a petition for restoration within thirty days after the seizure, the United States attorney for the district wherein it was seized, upon direction of the Attorney General, shall institute libel proceedings in the United States district court or the district court of the Canal Zone or the court of first instance of the Philippine Islands having jurisdiction over the place wherein the seizure was made against the property for condemnation; and if, after trial and hearing of the issues involved, the property is condemned, it shall be disposed of by sale, and the proceeds thereof, less the legal costs and charges paid into the Treasury: Provided, That the court shall order any arms and munitions of war so condemned delivered to the War Department of the United States. (June 15, 1917, c. 30, Title VI, sec. 4, 40 Stat. 224; Mar. 1, 1929, c. 420, 45 Stat. 1423.)

SEC. 242. Method of trial; right to jury trial; bond for redelivery. - The proceedings in such summary trials upon the petition of the owner or claimant of the property seized, as well as in the libel cases in the preceding sections provided for, shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in such libel cases, and all such proceedings shall be at the suit of and in the name of the United States: Provided, That upon the payment of the costs and legal expenses of both the summary trials and the libel proceedings in the preceding sections provided for, and the execution and delivery of a good and sufficient bond in an amount double the value of the property seized, conditioned that it will not be exported or used or employed contrary to the provisions of sections 238 to 245, inclusive, of this chapter, the court, in its discretion, may direct that it be delivered to the owners thereof or to the claimants thereof. (June 15, 1917, c. 30, Title VI, section 5, 40 Stat. 224.)

SEC. 243. General extent of interference with foreign trade. - 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 238 of this chapter, nothing contained in sections 238 to 245, inclusive, of this chapter 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. (June 15, 1917, c. 30, Title VI, section 6, 40 Stat. 225.)

SEC. 244. Discretion of President in ordering release of property seized. - Upon payment of the costs and legal expenses incurred in the summary trial provided for in the preceding sections for possession or libel proceedings, the President is hereby authorized, in his discretion, to order the release and restoration to the owner or claimant, as the case may be, of any property seized or condemned under the provisions of sections 238 to 245, inclusive, of this chapter. (June 15, 1917, c. 30, Title VI, section 7, 40 Stat. 225.)

SEC. 245. Use of land and naval forces to prevent exportation. - 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 the preceding seven sections. (June 15, 1917, c. 30, Title VI, section 8, 40 Stat. 225.)

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TITLE 50. WAR

CHAPTER 12. VESSELS IN TERRITORIAL WATERS OP UNITED STATES

Sec.
191. Secretary of Treasury and Governor of Canal Zone authorized to regulate anchorage, movement, and so forth, of vessels.
192. Seizure and forfeiture of vessels for failure to observe regulations.
193. Destruction of, injury to, or improper use of vessels.
194. Employment of Army and Navy to enforce provisions of chapter.

SEC. 191. Secretary of Treasury and Governor of Canal Zone authorized to regulate anchorage, movement, and so forth, of vessels. - Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specifically authorized by him to go or remain on board thereof.

Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury. (June 15, 1917, c. 30, Title II, 1, 40 Stat. 220.)

SEC. 192. Seizure and forfeiture of vessels for failure to observe regulations. - 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 by the Secretary of the Treasury or the Governor of the Panama Canal 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 fined not more than $10,000, or imprisoned not more than two years, or both. (June 15, 1917, c. 30, Title II, 2, 40 Stat. 220.)

SEC. 193. Destruction of, injury to, or improper use of vessels. - It shall be unlawful for the owner or master or any other person in charge or command of any private vessel, foreign or domestic, or for any member of the crew or other person, within the territorial waters of the United States, willfully to cause or permit the destruction or injury of such vessel or knowingly to permit said vessel to be used as a place of resort for any person conspiring with another or preparing to commit any offense against the United States, or in violation of the treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States, or knowingly to permit such vessels to be used in violation of the rights and obligations of the United States under the law of nations; and in case such vessels shall be so used, with the knowledge of the owner or master or other person in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure

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and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and whoever violates this section shall be fined not more than $10,000, or imprisoned not more than two years, or both. (June 15, 1917, c. 30, Title II, 3, 40 Stat. 220.)

SEC. 194. Employment of Army and Navy to enforce provisions of chapter. - 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 purpose of this chapter. (June 15, 1917, c. 30, Title II, 4, 40 Stat. 220.)

TITLE 15. COMMERCE AND TRADE

CHAPTER 2. FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION

SECTIONS 76 AND 77

SEC. 76. Retaliation against restriction of importations in time of war. Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or practices of any country, colony, or dependency contrary to the law and practice of nations, the importation into their own or any other country, dependency, or colony of any article the product of the soil or industry of the United States and not injurious to health or morals is prevented or restricted the President is authorized and empowered to prohibit or restrict during the period such prohibition or restriction is in force, the importation into the United States of similar or other articles, products of such country, dependency, or colony as in his opinion the public interest may require; and in such case he shall make proclamation stating the article or articles which are prohibited from importation into the United States; and any person or persons who shall import, or attempt or conspire to import, or be concerned in importing, such article or articles, into the United States contrary to the prohibition in such proclamation, shall be liable to a fine of not less than $2,000 nor more than $50,000, or to imprisonment not to exceed two years, or both, in the discretion of the court. The President may change, modify, revoke, or renew such proclamation in his discretion. (Sept. 8, 1916, c. 463, 805, 39 Stat. 799.)

SEC. 77. Discrimination against neutral Americans in time of war. Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that any vessel, American or foreign, is, on account of the laws, regulations, or practices of a belligerent Government, making or giving any undue or unreasonable preference or advantage in any respect whatsoever to any particular person, company, firm, or corporation, or any particular description of traffic in the United States or its possessions or to any citizens of the United States residing in neutral countries abroad, or is subjecting any particular person, company, firm, or corporation or any particular description of traffic in the United States or its possessions, or any citizens of the United States residing in neutral countries abroad to any undue or unreasonable prejudice, disadvantage, injury, or discrimination in regard to accepting, receiving, transporting, or delivering, or refusing to accept, receive, transfer, or deliver any cargo, freight, or passengers, or in any other respect whatsoever, he is authorized and empowered to direct the detention of such vessels by withholding clearance or by formal notice forbidding departure, and to revoke, modify, or renew any such direction.

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Whenever, during the existence of a war in which the United States is not engaged the President shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or practices of any belligerent country or Government, American ships or American citizens are not accorded any of the facilities of commerce which the vessels or citizens of that belligerent country enjoy in the United States or its possessions, or are not accorded by such belligerent equal privileges or facilities of trade with vessels or citizens of any nationality other than that of such belligerent, the President is authorized and empowered to withhold clearance from one or more vessels of such belligerent country until such belligerent shall restore to such American vessels and American citizens reciprocal liberty of commerce and equal facilities of trade; or the President may direct that similar privileges and facilities, if any, enjoyed by vessels or citizens of such belligerent in the United States or its possessions be refused to vessels or citizens of such belligerent; and in such case he shall make proclamation of his direction, stating the facilities and privileges which shall be refused, and the belligerent to whose vessels or citizens they are to be refused, and thereafter the furnishing of such prohibited privileges and facilities to any vessel or citizen of the belligerent named in such proclamation shall be unlawful; and he may change, modify, revoke, or renew such proclamation; and any person or persons who shall furnish or attempt or conspire to furnish or be concerned in furnishing or in the concealment of furnishing facilities or privileges to ships or persons contrary to the prohibition in such proclamation shall be liable to a fine of not less than $2,000 nor more than $50,000 or to imprisonment not to exceed two years, or both, in the discretion of the court.

In case any vessel which is detained by virtue of this subdivision of this chapter shall depart or attempt to depart from the jurisdiction of the United States without clearance or other lawful authority, the owner or master or person or persons having charge or command of such vessel shall be severally liable to a fine of not less than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and in addition such vessel shall be forfeited to the United States.

The President of the United States is authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this subdivision of this chapter. (Sept. 8, 1916, c. 463, 806, 39 Stat. 799.)

EXTRACTS FROM COMMUNICATIONS ACT OF 1934

SECTION 1. For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is hereby created a commission to be known as the "Federal Communications Commission," which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this Act.

SEC. 2. (a) The provisions of this Act shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged

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in wire or radio communication or transmission in the Philippine Islands or the Canal Zone, or to wire or radio communication or transmission wholly within the Philippine Islands or the Canal Zone.

SEC. 301. It is the purpose of this Act, among other things to maintain the control of the United States over all the channels of interstate and foreign radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any Territory or possession of the United States or in the District of Columbia to another place in the same Territory, possession, or District; or (b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or (c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or (d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or (e) upon any vessel or aircraft of the United States; or (f) upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act.

SEC. 303. Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires, shall -

(n) Have authority to inspect all transmitting apparatus to ascertain whether in construction and operation it conforms to the requirements of this Act, the rules and regulations of the Commission, and the license under which it is constructed or operated.

SEC. 306. Section 301 of this Act shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such communications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this Act.

Sec. 310. (a) The station license required hereby shall not be granted to or held by -

    (1) Any alien or the representative of any alien;

    (2) Any foreign government or the representative thereof;

    (3) Any corporation organized under the laws of any foreign government;

    (4) Any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country;

    (5) Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted, after June 1, 1935, by aliens, then representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or the revocation of such license.

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Nothing in this subsection shall prevent the licensing of radio apparatus on board any vessel, aircraft, or other mobile stations of the United States when the installation and use of such apparatus is required by Act of Congress or any treaty to which the United States is a party.

SEC. 312. (a) Any station license may be revoked for false statements either in the application or in the statement of fact which may be required by section 308 hereof, or because of conditions revealed by such statements of fact as may be required from time to time which would warrant the Commission in refusing to grant a license on an original application, or for failure to operate substantially as set forth in the license, or for violation of or failure to observe any of the restrictions and conditions of this Act or of any regulation of the Commission authorized by this Act or by a treaty ratified by the United States: Provided, however, That no such order of revocation shall take effect until fifteen days' notice in writing thereof, stating the cause for the proposed revocation, has been given to the licensee. Such licensee may make written application to the Commission at any tune within said fifteen days for a hearing upon such order, and upon the filing of such written application said order of revocation shall stand suspended until the conclusion of the hearing conducted under such rules as the Commission may prescribe. Upon the conclusion of said hearing the Commission may affirm, modify, or revoke said order of revocation.

SEC. 326. Nothing in this Act shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication. No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio communication.

SEC. 401. (a) The district courts of the United States shall have jurisdiction, upon application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this Act by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this Act.

(c) Upon the request of the Commission it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this Act and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States.

SEC. 501. Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in this Act prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this Act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided herein, by a fine of not more than $10,000 or by imprisonment for a term of not more than two years, or both.

SEC. 502. Any person who willfully and knowingly violates any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this Act, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is or

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may hereafter become a party, shall, in addition to any other penalties provided by law, be punished, upon conviction thereof, by a fine of not more than $500 for each and every day during which such offense occurs.

WAR EMERGENCY-POWERS OF PRESIDENT

SEC. 606. (a) During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this Act. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction.

(b) It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914.

(c) Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners.

(d) The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as amended.

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Footnotes

1. Repealed November 4, 1939.

2. Repealed November 4, 1939.

3. Par. 55C.2 is modified in Appendix O.

4. *See Appendix M.

5. (See Appendix L for the latest Regulations concerning "International Traffic in Arms").

6. (Subpar. (i) has been suspended until further notice - See T. D. 49997 in Appendix P).