Neutrality
Act 1937
May 1, 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.
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 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.
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....