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CHAPTER IV-SECRET SERVICE

DEPARTMENT OF THE TREASURY

PART 400—ILLUSTRATIONS OF UNITED STATES

POSTAGE STAMPS

Sec,
400.1 Authority for regulations.
400.2 Finding of fact.
400.3 Illustrations permitted.

Sec.
400.4 Repeal or amendment of regula-

tions.
400.5 Effective date of regulations.

Section 400.1 Authority for regulations. The regulations in this part are issued under authority of section 2 (b) of the Act of January 27, 1938, entitled "An Act to permit the printing of blackand-white illustrations of United States and foreign postage stamps for philatelic purposes."* +

*$$ 400.1 to 400.5, inclusive, issued under the authority contained in sec. 2 (b), 52 Stat. 7; 18 U.S.C., Sup., 350.

In 88 400.1 to 400.5, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regulations relating to illustrations of United States postage stamps, issued by the Secretary of the Treasury, and approved by the President, Feb. 14, 1938, 3 F.R. 385.

400.2 Finding of fact. The Secretary of the Treasury, with the approval of the President, finds that no hindrance to the suppression of counterfeiting and no tendency to bring into disrepute any obligation or other security of the United States will result from the issuance of the regulations in this part.*+

400.3 Illustrations permitted. The printing, publishing, and importation, and the making and importation of the necessary plates for such printing and publishing, for philatelic purposes in articles, books, journals, newspapers, and albums (including the circulars and advertising literature of legitimate dealers in stamps and publishers of and dealers in philatelic and historical articles, books, journals, and albums) of black-and-white illustrations of canceled and uncanceled United States postage stamps are permitted, Provided, That such illustrations are of a size less than three-quarters or more than one and one-half, in linear dimension, of each part of such stamp.**

400.4 Repeal or amendment of regulations. The regulations in this part may be amended or repealed at any time, which amendment or repeal shall become effective upon publication thereof in the Federal Register or upon such date as may be specified therein if later than the date of publication.**

**For statutory and source citations, see note to § 400.1.

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400.5 Effective date of regulations. The regulations in this part shall become effective upon publication thereof in the Federal Register. [The regulations in this part were published in the Federal Register on February 17, 1938, 3 F.R. 385.]*+ MONEY ORDER SYSTEM: See Postal Service, 39 CFR Part 17. MONEYS, TRIBAL AND INDIVIDUAL: See Indians, 25 CFR Parts 221, 224,

227, 230, 233. MOTOR BOATS: See Shipping, 46 CFR Part 29. MOTOR CARRIERS : See Transportation and Railroads, 49 CFR Parts 5, 6, 7,

85, 170–203. MULTIFAMILY AND GROUP HOUSING INSURANCE: See Housing Credit,

24 CFR Parts 531-536. MUTINY AND INSUBORDINATION; TRANSPORTATION OF PERSONS

CHARGED WITH CRIME AGAINST THE UNITED STATES: See Foreign

Relations, 22 CFR Part 88. MUTUAL MORTGAGE INSURANCE: See Housing Credit, 24 CFR Parts 521, 522. NARCOTIC ADDICTS: See Public Health, 42 CFR Part 4. NARCOTICS: See Food and Drugs, 21 CFR Chapter II. Panama Canal, 35

CFR Part 16. NARCOTICS, TAXES: See Internal Revenue, 26 CFR Parts 150–152. NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS: See National

Defense, 32 CFR Chapter IV. NATIONAL ARCHIVES: See Public Property and Works, 44 CFR Chapter I NATIONAL BANKS: See Banks and Banking, 12 CFR Chapters I, II. NATIONAL BITUMINOUS COAL COMMISSION, DEPARTMENT OF THE

INTERIOR: See Mineral Resources, 30 CFR Chapter III. NATIONAL BUREAU OF STANDARDS, DEPARTMENT OF COMMERCE:

See Commerce, 15 CFR Chapter II. NATIONAL CAPITAL PARKS REGULATIONS: See Parks and Forests, 36

CFR Part 3. NATIONAL CEMETERIES: See Army: War Department, 10 CFR Part 53.

National Defense, 32 CFR Part 502. Parks and Forests, 36 CFR Part 5.

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**For statutory and source citations, see note to $ 400.1.

TITLE 32-NATIONAL DEFENSE

Chapter 1–National Munitions Control Board, Department of State..
Chapter II–National Guard, War Department..
Chapter III-Bureau of Mines, Department of the Interior..
Chapter IV-National Advisory Committee for Aeronautics.
Chapter V-American Battle Monuments Commission...

Part

1 201 301 401 501

CHAPTER 1-NATIONAL MUNITIONS CONTROL

BOARD

DEPARTMENT OF STATE

Part

Part 1 International traffic in arms, ammuni- 2 Exportation of helium gas tion, etc.

3 Domestic sources of tin EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to s 1.1.

PART 1-INTERNATIONAL TRAFFIC IN ARMS,

AMMUNITION, ETC.

Sec.

Sec. SUBPART—General regulations and 1.22 Application for export or import special provisions

licenses on behalf of persons who 1.1 Application for registration.

are not required to register. 1.2 Registration fee.

1.23 Arms more than 100 years old. 1.3 Certificate of registration.

1.24 Arms for the individual use of the 1.4 Manufacturers, exporters, and im person to whom consigned.

porters of aircraft wheels and 1.25 Arms intended exclusively for propeller blades.

sporting or scientific purposes. 1.5 Notification of changes.

1.26 The Government of the United 1.6 Production for experimental or sci States and its agencies are not entific purposes.

"persons." 1.7 Persons who may make or receive 1.27 Arms returned to the United States occasional shipments.

worn or damaged. 1.8 National Firearms Act.

1.28 License required for the export of 1.9 Applications for licenses.

aircraft wheels and propeller 1.10 Import licenses.

blades. 1.11 Export licenses.

1.29 Forgings or castings for arms. 1.12 Licenses not transferable.

1.30 License required for export of ar1.13 Alterations.

ticles intended for war purposes. 1.14 Revoked licenses.

1.31 “Propellant powders”, “potassium 1.15 Country of ultimate destination.

nitrate powders”, “sodium nitrate 1.16 Shipper's export declaration.

powders.” 1.17 Type and model designation. 1.32 Aircraft flown or shipped from the 1.18 Presentation of licenses to collec

United States for a temporary tor of customs.

sojourn abroad. 1.19 Export license material to be 1.33 Aircraft of United States registry. packed separately.

1.34 Records of manufacture, export, 1.20 Parcel post.

and import. 1.21 Articles in transit through the ter- 1.35 Title I of the Espionage Act, apritory of the United States.

proved June 15, 1917.

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Sec.

Sec. 1.36 Articles involving military secrets. 1.44 Exporter to present convincing evi1.37 Articles contracted for by the War dence of destination.

Department or the Navy Depart- 1.45 Shipments to Spain.
ment.

1.46 Exporters to present convincing 1.38 Prospective exporters of arms,

evidence that dest tion is not etc., to communicate with the Sec

Spain. retary of State in advance of the 1.47 Carriage of small arms and ammu

nition on American vessels enproposed shipment. 1.39 Export of arms to China, Cuba, 1.48 Proclamation of policy regarding

gaged in commerce with Spain. Honduras, and Nicaragua.

civil strife in Spain. 1.40 Responsibility for notification. 1.49 Enumeration of articles to be con1.41 Export licenses for shipment of sidered arms, ammunition, and arms to Cuba.

implements of war. 1.42 Exportation authorized only upon 1.50 Punishment of offenders enjoined.

desire of Cuban Government. 1.51 Delegation of power to the Secre1.43 Export licenses not issued.

tary of State.

CROSS REFERENCE

Regulations of the Bureau of Customs, Department of the Treasury: See

Customs Duties, 19 CFR Chapter I.

SUBPART-GENERAL REGULATIONS AND SPECIAL PROVISIONS

Section 1.1 Application for registration. All persons engaged in the business of manufacturing, exporting, or importing any of the arms, ammunition, or implements of war enumerated in 8 1.49, shall register with the Secretary of State by duly filling out and transmitting to the Secretary of State an application for registration

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 § 1.49. 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.*+

*$$ 1.1 to 1.34, inclusive, issued under the authority contained in sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b.

ņIn $$ 1.1 to 1.33, inclusive, the numbers to the right of the decimal point correspond with the respective paragraph numbers in part III, Regulations governing international traffic in arms, Secretary of State, Apr. 1, 1938, 3 F.R. 692–695.

ABBREVIATIONS: The following abbreviations are used in this chapter:
Proc. Proclamation of the President of the United States.
E.O. Executive Order.

1.2 Registration fee. Applications for registration transmitted to the Secretary of State must be accompanied by a registration fee in the form of money orders or a certified check. This fee is in the amount of $100 for persons who have not manufactured, exported, or imported arms, ammunition, or implements of war, as enumerated in $ 1.49, to a total sales value of more than $50,000 during the 12 months immediately preceding their application for registration, and in the amount of $500 for persons who have manufactured, exported, or imported arms, ammunition, or implements of war, as enumerated, to a total sales value of more than $50,000 during the 12 months immediately preceding their application. Persons paying a fee of $100 shall submit with their application for registration an affidavit, signed and

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*iFor statutory and source citations, see note to § 1.1.

sworn to before a notary public by a responsible officer of the company, stating that the company did not manufacture, export, or import arms, ammunition, or implements of war, as enumerated'in $ 1.49, to a total sales value of more than $50,000 during the 12 months immediately preceding the application for registration and setting forth such evidence in substantiation of this affirmation as may seem appropriate. **

1.3 Certificate of registration. Upon receipt of an application for registration and the appended certificate of registration, duly filled out and accompanied by a registration fee of $100 or $500, as the case may be, and by a satisfactory affidavit as described above in the case of persons paying a 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.*+

1.4 Manufacturers, exporters, and importers of aircraft wheels and propeller blades. Manufacturers, exporters, and importers of component parts of the articles or units enumerated in $ 1.49, but not of a complete article or unit listed in that section, are not required to register under the joint resolution. Aircraft 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.*+

1.5 Notification of changes. Every person registered shall notify the Secretary of State of any change in the list of arms, ammunition, and implements of war which he manufactures, exports, or imports, and, upon such notification, the Secretary of State will issue to such person an amended certificate of registration free of charge, which will remain valid until the date of expiration of the original certificate issued to him.**

1.6 Production for experimental or scientific purposes. The production for experimental or scientific purposes, when such production is not followed by sale, of the appliances and substances included in $ 1.49 (f), or of single units of other arms, ammunition, and implements of war, is not considered as manufacture for the purposes of section 5 of the joint resolution (50 Stat. 124; 22 U.S.C., Sup., 245b).**

1.7 Persons who may make or receive occasional shipments. 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 5 of the joint resolution.**

1.8 National Firearms Act. The provisions of the regulations in $$ 1.1-1.51 shall be considered as binding in addition to, and not in lieu of, those established under the Act known as the National Firearms Act (48 Stat. 1236; 26 U.S.C. 1132-1132q), approved by the **For statutory and source citations, see note to s 1.1.

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