Resolved...
EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR
Section 1. (a) Whenever the President shall find that there exists a
state of war between, or among, two or more foreign states, the
President shall proclaim such fact, and it shall thereafter be unlawful
to export, or attempt to export, or cause to be exported, arms,
ammunition, or implements of war from any place in the United States to
any belligerent state named in such proclamation, or to any neutral
state for transshipment to, or for the use of, any such belligerent
state.
(b) The President shall, 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.
(c) Whenever the President shall find that such a state of civil strife
exists in a foreign state and that such civil strife is of a magnitude
or is being conducted under such conditions that the export of arms,
ammunition, or implements of war from the United States to such foreign
state would threaten or endanger the peace of the United States, the
President shall proclaim such fact, and it shall thereafter be unlawful
to export, or attempt to export, or cause to be exported, arms,
ammunition, or implements of war from any place in the United States to
such foreign state, or to any neutral state for transshipment to, or for
use of, such foreign state.
(d) The President shall, from time to time by proclamation, definitely
enumerate the arms, ammunition, and implements of war, the export of
which is prohibited by this section. The arms, ammunition, and
implements of war so enumerated shall include those enumerated in the
President's proclamation Numbered 2163, of April 10, 1936, but shall not
include raw materials or any other articles or materials not of the same
general character as those enumerated in the said proclamation, and in
the Convention for the Supervision for the International Trade in Arms
and Ammunition and in Implements of War, signed at Geneva June, 17,
1925.
(e) Whoever, in violation of any of the provisions of this Act, shall
export, or attempt to export, or cause to be exported, arms, ammunition,
or implements of war from the United States shall be fined not more than
$10,000, or imprisoned not more than five years, or both...
(f) In the case of the forfeiture of any arms, ammunition, or implements
of war by reason of a violation of this Act,...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 of the
United States.
(g) Whenever, in the judgment of the President, the conditions which
have caused him to issue any proclamation under the authority of this
section have ceased to exist, he shall revoke the same, and the
provisions of this section shall thereupon cease to apply with respect
to the state or states named in such proclamation, except with respect
to offenses committed, or forfeiture incurred, prior to such revocation.
EXPORT OF OTHER ARTICLES AND MATERIALS
Section 2. (a) Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act and he shall thereafter
find that the placing of restrictions on the shipment of certain
articles or materials in addition to arms, ammunition, and implements of
war from the United States to belligerent states, or to a state wherein
civil strife exists, 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, he shall so proclaim, and it shall thereafter be
unlawful, for any American vessel to carry such articles or materials to
any belligerent state, or to any state wherein civil strife exists,
named in such proclamation issued under the authority of section 1 of
this Act, or to any neutral state for transshipment to, or for the use
of, any such belligerent states or any such state wherein civil strife
exists. The President shall by proclamation from time to time definitely
enumerate the articles and materials which is shall be unlawful for
American vessels to so transport...
(c) The President shall from time to time by proclamation extend such
restrictions as are imposed under the authority of this section to other
states as and when they may be declared to become belligerent states
under the authority of section 1 of this Act.
(d) The President may from time to time change, modify, or revoke in
whole or in part any proclamations issued by him under the authority of
this section.
(e) Except with respect to offenses committed, or forfeitures incurred,
prior to May 1, 1939, this section and all proclamations issued
thereunder shall not be effective after May 1, 1939.
FINANCIAL TRANSACTIONS
Section 3. (a) Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act, 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 belligerent state or of any state wherein civil strife exists, 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 of any faction or asserted government within any such state
wherein civil strife exists, or of any person acting for or on behalf of
any faction or asserted government within any such state wherein civil
strife exists, issued after the date of such proclamation, or to make
any load or extend any credit to any such government, political
subdivision, faction, asserted government, or person, or to solicit or
receive any contribution for any such government, political subdivision,
faction, asserted government, or person: PROVIDED, That if the President
shall find that such action will serve to protect the commercial or
other interest of the United States or its citizens, 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 and short-time obligations in aid of legal transactions and of a
character customarily used in normal peacetime commercial transactions.
Nothing in this subsection shall be construed to prohibit the
solicitation or collection of funds to be used for medical aid and
assistance, or for food and clothing to relieve human suffering, when
such solicitation or collection of funds 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, political subdivision, faction, or asserted
government, but all such solicitations and collections of funds shall be
subject to the approval of the President and shall be made under such
rules and regulations as he shall prescribe...
(c) Whoever shall violate the provisions of this section or of any
regulations issued hereunder 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 agent thereof participating in the
violation may be liable to the penalty herein prescribed...
EXCEPTIONS - AMERICAN REPUBLICS
Section 4. This Act shall not apply to an American republic or republics
engaged in war against a non-American state or states, provide the
American republic is no cooperating with an non-American state or states
in such a war.
NATIONAL MUNITIONS CONTROL BOARD
Section 5. (a) There is hereby established a National Munitions Control
Board (herein after referred to as the 'Board') 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. 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 of the arms, ammunition, or implements of
war referred to in this Act, whether as an exporter, importer,
manufacturer, or dealer, shall register with the Secretary of States his
name, 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;...
(d) It shall be unlawful for any person to export, or attempt to export,
from the United States to any other state, any of the arms, ammunition,
or implements of war referred to in this Act, or to import, or attempt
to import, to the United States from any other state, any of the arms,
ammunition, or implements of war referred to in this Act, without first
having obtained a license therefore...
(k) 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.
AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT
STATES
Section 6. (a) Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act, it shall thereafter be
unlawful, until such proclamation is revoked, for any American vessel to
carry any arms, ammunition, or implements of war to any belligerent
state, or to any state wherein civil strife exists, named in such
proclamation, or to any neutral state for transshipment to, or for the
use of, any such belligerent state or any such state wherein civil
strife exists.
(b) Whoever, in violation of the provisions of this section, shall take,
or attempt to take, or shall authorize, hire, or solicit another to
take, any American 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, and her tackle, apparel, furniture, and equipment, and the arms,
ammunition, and implements of war on board, shall be forfeited to the
United States.
USE OF AMERICAN PORTS AS BASE OF SUPPLY
Section 7. (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 nay vessel, domestic or foreign, whether
requiring clearance or not, is about to carry out of a port of the
Untied States, fuel, men, arms, ammunition, implements of war, or other
supplies to any warship, tender, or supply ship of a belligerent state,
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, 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 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
part of the cargo, to any warship, tender, or supply ship of the
belligerent state.
(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 state, he may prohibit the departure of
such vessel during the duration of the war.
SUBMARINES AND ARMED MERCHANT VESSELS
Section 8. 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 therefore, it shall thereafter be unlawful for any such
submarine or armed merchant vessel to enter a port or the territorial
waters of the United States or to depart therefrom, except under such
conditions and subject to such limitations as the President may
prescribe. Whenever, in his judgment, the conditions which have caused
him to issue his proclamation have ceased to exist, he shall revoke his
proclamation and the provisions of this section shall thereupon cease to
apply.
TRAVEL ON VESSELS OF BELLIGERENT STATES
Section 9. Whenever the President shall have issued a proclamation under
the authority of section 1 of this Act it shall thereafter be unlawful
for any citizen of the United States to travel on any vessel of the
state or states named in such proclamation, except in accordance with
such rules and regulations as the President shall prescribe:...
ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED
Section 10. Whenever the President shall have issued a proclamation
under the authority of section 1, it shall thereafter be unlawful, until
such proclamation is revoked, for any American vessel engaged in
commerce with any belligerent state, or any state wherein civil strife
exists, named in such proclamation, to be armed or to carry any
armament, arms, ammunition, or implements of war, except small arms and
ammunition therefor which the President may deem necessary and shall
publicly designate for the preservation of discipline aboard such
vessels.
REGULATIONS
Section 11. 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...
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