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exported, or sell for export, arms, ammunition, or implements of war from any place in the United States to any belligerent country, named in the proclamation, or to any neutral country for transshipment to, or for the use of, any such belligerent country.

(b) The President shall, by proclamation, definitely enumerate the arms, ammunition, and implements of war the export of which is prohibited by this Act.

(c) The President shall, from time to time, by proclamation, extend such embargo upon the export of arms, ammunition, and implements of war to other countries as and when they may become involved in such war.

(d) When in the judgment of the President the conditions which have caused him to issue a proclamation have ceased to exist, he shall revoke the same and the provisions of this section shall thereupon cease to apply.

EXPORT OF ARTICLES AND MATERIALS UBED FOR WAR PURPOSES

SEC. 4. (a) Whenever, during any war in which the United States is neutral, the President shall find that the placing of restrictions on the shipment from the United States to belligerent countries of certain articles or materials used in the manufacture of arms, ammunition, or implements of war, or in the conduct of war, will serve to promote the security and preserve the neutrality of the United States, or to protect the lives and commerce of nationals of the United States, or that to refrain from placing such restrictions would contribute to a prolongation or expansion of the war and shall so proclaim, it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, or sell for export, such articles or materials from any place in the United States to any belligerent country named in the proclamation, or to any neutral country for transshipment to or for the use of any such belligerent country in excess of a normal amount, in quantity and kind, of exports from the United States to the respective belligerent countries prior to the date of the proclamation, such normal amount to constitute the average of shipments during previous period of years to be determined by the President: Provided, That no restriction or prohibition imposed under this section shall under any circumstances be applied to food or medical supplies.

(b) The President shall, by proclamation, definitely enumerate the articles or materials the exportation of which is to be restricted, and he may, from time to time, modify or revoke in whole or in part any proclamation issued by him under this section when he shall find that the conditions which caused him to issue his proclamation have ceased to exist or have so changed as to justify in his opinion such modification or revocation.

(c) The President shall, from time to time, by proclamation, extend such restrictions as are imposed under this section to other countries as and when they may become involved in such war.

FINANCIAL TRANSACTIONS WITH BELLIGERENT GOVERNMENTS

SEC. 5. (a) Whenever the President shall have issued his proclamation as provided for in section 3 of this Act, it shall thereafter during the period of the war be unlawful for any person within the United States to purchase or sell bonds, securities, or other obligations of the government of any belligerent country, or of any political subdivision thereof, or of any person acting for or on behalf of such government, issued after the date of such proclamation, or to make any loan or extend any credit to any such government or person: Provided, That if the President shall find that such action will serve to protect the commercial or other interests of the United States or its nationals, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits ar short-time obligations in aid legal transactions and of a character customarily used in current commercial business.

(b) The provisions of this section shall not apply to a renewal or adjustment of indebtedness existing on the date of the President's proclamation.

(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization or association, any officer or agent thereof participating in the violation shall be liable to the penalty berein prescribed.

(d) When the President shall have revoked his proclamation as provided for in section 3 of this Act, the provisions of this section and of any regulations issued by the President hereunder shall thereupon cease to apply.

EQUAL APPLICATION OF EMBARGOES, AND SO FORTH

SEC. 6. Any embargo, prohibition, or restriction that may be imposed by or under the provisions of sections 3, 4, or 5 of this Act shall apply equally to all belligerents, unless the Congress, with the approval of the President, shall declare otherwise.

AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS, AND SO FORTH

SEC. 7. (a) Whenever the President shall have issued a proclamation as provided for in section 3 of this Act it shall thereafter be unlawful for any American vessel to carry arms, ammunition, or implements of war to any belligerent country named therein, or to any neutral country for transshipment to, or for the use of, such belligerent country.

(b) If the President shall find that the maintenance of peace between the United States and foreign nations, or the protection of the commercial interests of the United States and its nationals, or the security or neutrality of the United States would be promoted by prohibiting American vessels from carrying any of the articles or materials enumerated in any proclamation issued by him under section 4 of this Act and shall so proclaim, it shall thereafter be unlawful for any American vessel to carry any such articles or materials from any place in the United States to any belligerent country, or to any neutral country for transshipment to or for the use of any belligerent country.

(c) The President may, from time to time, modify or revoke in whole or in part any proclamation issued by him under paragraph (b) of this section.

(d) When in the judgment of the President the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke the same and the provisions of this section shall thereupon cease to apply.

PENALTIES FOR VIOLATION OF SECTION 3, 4, 7, OR 13 SEC. 8. (a) Whoever, in violation of any of the provisions of section 3, 4, 7, or 13 of this Act shall export, or attempt to export, or cause to be exported, or sell for export, arms, ammunition, implements of war, or other articles or materials enumerated in a proclamation by the President, or shall take, attempt to take, or shall authorize, hire, or solicit another to take any vessel or vehicle carrying such cargo out of a 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 or vehicle, her tackle, apparel, furniture, equipment, and such part of the property or cargo as is covered by the proclamation shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223–225; U. S. C., title 22, secs. 238–245).

(b) In the case of the forfeiture of any arms, ammunition, or implements of war, by reason of a violation of this Act, no public or private sale shall be required, but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President.

TRANSACTIONS WITH BELLIGERENTS SEC. 9. Whenever, during any war in which the United States is neutral, the President shall find that the maintenance of peace between the United States and foreign nations, or the protection of the commercial interests of the United States and its nationals, or the security or neutrality of the United States would be promoted by requiring nationals of the United States to assume the risk of commercial transactions with the governments or nationals of belligerent countries, or persons residing therein, and shall so pro claim, thereafter American nationals who engage in such transactions shall do so at their own risk.

TRAVEL BY AMERICAN NATIONALS ON BELLIGERENT VESSELS

SEC. 10. (a) Whenever the President shall have issued his proclamation as provided for in section 3 of this Act, thereafter no national of the United States shall travel on any vessel of any belligerent nation except at his own

risk, unless in accordance with such rules and regulations as the President shall prescribe. No passport issued by the Secretary of State or anyone acting under his authority shall be valid for use by any person for travel from the United States on any such vessel.

(b) The provisions of this section shall not apply to a national whose voyage on a vessel of a belligerent was begun in advance of the date on the President's proclamation, and who had no opportunity to discontinue the voyage after that date; nor shall they apply under ninety days after the date of the President's proclamation to a national returning from a foreign country to the United States.

(c) When the President shall have revoked his proclamation as provided for in section 3 of this Act the provisions of this section and of any regulations issued by the President hereunder shall thereupon cease to apply.

USE OF AMERICAN PORTS AS BASE OF SUPPLY

SEC. 11. (a) Whenever, during any way 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 of the United States fuel, arms, ammunition, men, supplies, dispatches, or information to any warship, tender, or supply ship of a belligerent nation, 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., title 18, sec. 31), and if, in the President's judgment, such action will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its nationals, 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 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, dispatches, information, or any part of the cargo, to any warship, tender or supply ship of a belligerent nation.

(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 cleared from a port of the United States during such war and delivered its cargo or any part thereof to a warship, tender, or supply ship of a belligerent nation, he may prohibit the departure of such vessel during the duration of the

war.

SUBMARINES PROHIBITED FROM ENTERING AMERICAN WATERS

SEC. 12. (a) Whenever, during any way in which the United States is neutral, the President shall find that the placing of special restrictions on the use of the ports and territorial waters of the United States by submarines of belligerent nations will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its nationals, or to promote the security or neutrality of the United States, and shall so proclaim, it shall thereafter be unlawful for any such submarine to enter a port of 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.

(b) When, in the judgment of the President, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke the same and the provisions of this section shall thereupon cease to apply.

NATIONAL MUNITIONS CONTROL BOARD

SEC. 13. Section 2 of the joint resolution (Public Resolution Numbered 67, Seventy-fourth Congress) approved August 31, 1935, is hereby amended to read as follows:

“(a) The National Munitions Control Board which is hereby established 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 Department of State.

“(b) 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.

"(c) 'Every person who engages in the business of manufacturing for export, exporting or importing any of the arms, ammunition, or implements of war referred to in paragraph (b) of this section, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary of State his name, or style, 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 exports, imports, or manufactures for export.

"(d) Every person required to register under the provisions of this section shall pay a registration fee of $500 and upon receipt of such fee the Secretary of State shall issue a registration certificate valid for five years, which shall be renewable for further periods of five years, upon the payment for each renewal of a fee of $500.

“(e) 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 for export; 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.

"(f) It shall be unlawful for any person required to register under the provisions of this section to import or export any of the arms, ammunition, or implements of war referred to in paragraph (b) of this section without having registered in accordance with the provisions of this section.

“(g) It shall be unlawful for any person to export, or attempt to export, from the United States any of the arms, ammunition, or implements of war referred to in paragraph (b) of this section to any other country, or to import, or attempt to import, to the United States from any other country any of the arms, ammunition, or implements of war referred to in said paragraph (b), without first having obtained a license therefor from the Department of State for each shipment.

“(h) Export and import licenses shall be issued to persons who have registered as herein provided for, except in cases where the exportation of arms, ammunition, or implements of war would be in violation of this section 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 : Provided, however, That after the ninetieth day following the effective date of this Act no export licenses shall be issued unless the government of the country to which such arms are to be exported has indicated to the satisfaction of the Secretary of State that permission for the importation has been accorded: And provided further, That after the ninetieth day following the effective date of this Act no licenses shall be issued for the export of appliances and substances exclusively intended for chemical warfare.

“(i) The Secretary of State shall issue regulations for carrying out the provisions of this section.

(j) The Board shall be called into session by the chairman and shall hold at least one meeting a year.

“(k) 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 paragraph (c) of this section.

“(1) Any contract in violation of the provisions of paragraph (k) of this section is hereby declared to be contrary to the public policy of the United States, shall not be enforceable in any court of the United States, and shall not afford any basis for the granting of legal or equitable relief by any such court.

“(m) No sale of the arms, ammunition, or implements of war referred to in paragraph (b) of this section shall be made on behalf of the United States by any officer, executive department, or independent establishment of the Government to any foreign government on or after November 29, 1936. The provisions of the Act of August 29, 1916, relating to the sale of ordnance and stores to the Government of Cuba (39 Stat. 619, 643; U. S. C., title 50, sec. 72), are hereby abrogated as of November 29, 1936.

"(n) All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, such permanent records of manufacture for export, importation, and exportation of arms, ammunition, and implements of war as he shall prescribe.

"(0) Any person who violates or fails to comply with any of the requirements of this section or any regulations issued under this section shall, on conviction, be fined not more than $10,000 or be imprisoned for not more than five years, or both, in the discretion of the court.

"(p) The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report shall contain such information and data collected by the Board as may be considered of value in the determination of questions in connection with the control of trade in arms, ammunition, and implements of war. It shall include a list of all persons required to register under the provisions of this section and full information concerning the licenses issued under the provisions of this section.

"(q) Such amount as may from time to time be deemed necessary is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended by the Secretary of State in carrying out the duties as aforesaid and in defraying the expenses of the Board in discharging the duties placed upon it by this section.”

REGULATIONS BY THE PRESIDENT

SEC. 14. 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 Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.

APPLICATION OF PROVISIONS OF THIS ACT

SEC. 15. If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

MODIFICATION OR TERMINATION OF TREATIES

SEC. 16. (a) If the President shall find that any of the provisions of this Act, if applied, would contravene treaty provisions in force between the United States and any foreign country, he may enter into negotiations with the government of such country for the purpose of effecting such modification of the treaty provisions as may be necessary, and if he shall be unable to bring about the necessary modifications, he may in his discretion give notice of termination of the treaty.

(b) Except to the extent that the law and rules of neutrality are or may be temporarily or provisionally modified by or under authority of this Act the United States reserves and reaffirms its rights under international law as it existed prior to August 1, 1914.

REPEAL OF JOINT RESOLUTION OF AUGUST 31, 1935

SEC. 17. Section 1 and sections 3 to 9, inclusive, of the joint resolution (Public Resolution Numbered 67, Seventy-fourth Congress) approved August 31, 1935, are hereby repealed, but such repeal shall not affect any proclamation issued by the President pursuant to that resolution. Any such proclamation shall remain effective until revoked in accordance with the corresponding provisions of the present Act.

AUTHORIZATION FOR APPROPRIATION

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 Act.

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