49
49 stat. 1081; 22 U.S.C. 441 note
"Neutrality Act" of August 31, 1935
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 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.
Resolved
by the Senate and House of Representatives of the United States of America in
Congress assembled, That upon the outbreak or during the progress of war between, or among, two or more foreign states, the
President shall proclaim such fact, and it shall thereafter be unlawful to
export arms, ammunition, or implements of war from any place in the United
States, or possessions
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of the United States, to any port of such belligerent states, or to any
neutral port for transshipment to, or for the use of, a belligerent country.
The President, by proclamation, shall
definitely enumerate the arms, ammunition, or implements of war, the export of
which is prohibited by this Act.
The President may, from time to time, by
proclamation, extend such embargo upon the export of arms, ammunition, or
implements of war to other states as and when they may become involved in such
war.
Whoever, in violation of any of the
provisions of this section, shall export, or attempt to export, or cause to be
exported, arms, ammunition, or implements of war from the United States, or any
of its possessions, shall be fined not more than $10,000 or imprisoned not more
than five years, or both, and the property, vessel, or vehicle containing the
same 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, sees. 238-245).
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.
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 hereof shall thereupon cease to
apply.
Except with respect to prosecutions committed
or forfeitures incurred prior to March 1, 1936, this section and all
proclamations issued thereunder shall not be effective after February 29, 1936.
SEC. 2. That for the purpose of this Act—
(a) The term "Board" means the
National Munitions Control Board which is hereby established to carry out the
provisions of this Act. 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 Act, or by other law, the
administration of this Act is vested in the Department of State;
(b) The term "United States" when
used in a geographical sense, includes the several States and Territories, the
insular possessions of
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the United States (including the Philippine Islands), the Canal Zone, and
the District of Columbia;
(c) The term "person" includes a
partnership, company, association, or corporation, as well as a natural person.
Within ninety days after the effective date
of this Act, or upon first engaging in business, every person who engages in
the business of manufacturing, exporting, or importing any of the arms,
ammunition, and implements of war referred to in this Act, 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.
Every person required to register under this
section shall notify the Secretary of State of any change in the arms, ammunition,
and 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
$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 of each renewal of a fee of
$500.
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 this Act 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 this Act
without first having obtained a license therefor.
All persons required to register under this
section shall maintain, subject to the inspection of the Board, such permanent
records of manufacture for export, importation, and exportation of arms,
ammunition, and implements of war as the Board shall prescribe.
Licenses shall be issued to persons who have
registered as provided for, except in cases of export or import licenses where
exportation of arms, ammunition, or implements of war would be in violation of
this Act 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.
The Board shall be called by the Chairman and
shall hold at least one meeting a year.
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No purchase of arms, ammunition, and
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 Act.
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
connected 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 Act, and full information concerning the licenses issued
hereunder.
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 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.
This section shall take effect on the
ninetieth day after the date of its enactment.
SEC. 3. Whenever the President shall issue
the proclamation provided for in section 1 of this Act, thereafter it shall be
unlawful for any American vessel to carry any arms, ammunition, or implements
of war to any port of the belligerent countries named in such proclamation as
being at war, or to any neutral port for transshipment to, or for the use of, a
belligerent country.
Whoever, in violation of the provisions of
this section, shall take, attempt to take, or shall authorize, hire, or solicit
another to take any such vessel carrying such cargo 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 the arms, ammunition, and
implements of war on board shall be forfeited to the United States.
When the President finds 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.
SEC. 4. Whenever, during any war in which the
United States is neutral, the President, or any person "hereunto
authorized by
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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, or its possession, men or fuel, arms, ammunition, implements of
war, or other supplies to any warship, tender, or supply ship of a foreign
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. [221[22]]; 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 citizens, or to promote
the security 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, or any of its possessions, for a
foreign port, 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 the cargo, or any part thereof, to any warship, tender, or
supply ship of a belligerent nation; and, 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, or one of its possessions, has previously cleared
from such port 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.
SEC. 5. 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, or
of its possessions, by the submarines of a foreign nation will serve to
maintain peace between the United States and foreign nations, 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 to enter a port or the
territorial waters of the United States or any of its possessions, or to depart
therefrom, except under such conditions and subject to such limitations as the
President may prescribe. When, 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.
[22] Page number omitted in original.
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SEC. 6. 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
lives of citizens of the United States, or the protection of the commercial
interests of the United States and its citizens, or the security of the United
States requires that the American citizens should refrain from traveling as
passengers on the vessels of any belligerent nation, he shall so proclaim, and
thereafter no citizen 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: Provided, however, That the provisions of this section shall not
apply to a citizen travelling on the vessel of a belligerent whose voyage was
begun in advance of the date of the President's proclamation, and who had no
opportunity to discontinue his voyage after that date: And provided further, That they shall not
apply under ninety days after the date of the President's proclamation to a
citizen returning from a foreign country to the United States or to any of its
possessions. When, in the President's judgment, the conditions which have cause
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.
SEC. 7. In every case of the violation of any
of the provisions of this Act 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 five years, or both.
SEC. 8. 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.
SEC. 9. The sum of $25,000 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 administering this
Act.
Approved, August 31, 1935.