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Neutrality
Act
1937
JOINT
RESOLUTION
To
amend the joint resolution, approved August 31, 1935, as
amended.
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.
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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...
(b)
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.
(c)
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.
(d)
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.
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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....
(b)
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....
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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.
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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 therefor.
...
(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.
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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.
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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.
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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.
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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:...
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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.
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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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