Page:Congressional Record Volume 81 Part 3.djvu/34

2408 any such vessel carrying such cargo out of port or from the Juris¬ diction of the United States shall be fined not more than $10,000 or imprisoned not more than 5 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.

Sec. 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 any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United 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 (40 Stat. 217, 221; 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 states, or to protect the commercial interest of the United States and its nationals, 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 a 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.

Sec. 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, or of its possessions, 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 thereof, 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. 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.

Sec. 9 Whenever the President shall have Issued a proclamation or proclamations as provided in section 3 of this act and he shall thereafter find that the maintenance of peace between the United States and foreign states, 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 American citizens should refrain from traveling on the vessels of the state or states named in the said proclamation or proclamations, he shall so proclaim, and thereafter it shall be unlawful for any, citizen of the United States to travel on any vessel of the state or states named in the proclamation or proclamations issued pursuant to section 3 of this act, except under such limitations and 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 traveling on a vessel 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 90 days after the date of the President's proclamation to a citizen returning from a foreign state to the United States or to any of its possessions. When, in the President’s 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.

Sec. 10. (a) The National Munitions Control Board, established by section 2 of the Joint resolution (Public Res. No. 67, 74th Cong.) approved August 31, 1935, 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 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, 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 $500, unless he manufactured, exported, or imported arms, ammunition, and Implements of war to a total sales value of lees than $50,000 during the 12 months immediately preceding his registration, in which case he 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 5 years, which shall be renewable for further periods of 5 years upon the payment for each renewal of a fee of $500 in the case of persons who manufactured, exported, or imported arms, ammunition, and Implements of war to a total sales value of more than $50,000 during the 12 months immediately preceding the renewal, or a fee of $100 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the 12 months immediately preceding the renewal. The Secretary of the Treasury is hereby directed to refund, out of any moneys in the Treasury not otherwise appropriated, the sum of $400 to every person w’ho shall have paid a registration fee of $500 pursuant to section 2 of the Joint resolution (Public Res. No. 67, 74th Cong.) approved August 31, 1935, who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the 12 months immediately preceding his registration.

All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, or any person or persons designated by him, such permanent records of manufacture for export, importation, and exportation of arms, ammunition. and Implements of war as the Secretary of State shall prescribe.

(c) 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.

(d) 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.

The provisions of the act of August 29, 1916, relating to the sale of ordnance and stores to the Government of Cuba (39 Stat. 619, 643; U S. C., title 50, sec. 72), are hereby repealed as of December 31, 1937.

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 license? shall not be issued.

(e) 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.

(f) The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain such information and data collected by the Eoard 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.

Sec. 11. This act shall not apply to an American republic or republics 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.

Sec. 12. 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. {{c|{{smaller|PENALTIES}} Sec. 13. Any arms, ammunition, or implements of war exported or attempted to be exported from the United States in violation of any of the provisions of this act and any 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 {{div col end}}