The Neutrality Act of 1939
(2914 total words in this text)
(2250 Reads)
[1]November 4, 1939
(76th Congress, 2nd Session, Public Resolution No. 54)
[This is a partial reproduction. Parts not included are essentially similar to the Neutrality Act of 1937.]
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 regulation 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 appeal, change or modify this joint resolution in
the interests of the peace, security or welfare of the
United States and its people: Therefore be it Resolved,
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 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
Untied 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...
(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 oceans, seas, or bays or
(4) to 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...
(i) Every American vessel to which the provisions of
subsections (g) and (h) apply, and every neutral vessel to
which the provisions of subsection (l) 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...
(l) 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 (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 of 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....
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
regulation 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.
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)....
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....
AMERICAN REPUBLICS
Sec9.
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....
NATIONAL MUNITIONS CONTROL BOARD
Sec 12.
(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 years 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 addition 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 form 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....
(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 the 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....
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
imprisonment not more than two years, or both....
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 wither 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
resolution or 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 resolution had not been
repealed.
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