Lapas attēli
PDF
ePub

*

blue print, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by imprisonment for not more than twenty years † (Sec. 2, 40 Stat. 218; 50 U.S.C. 32) (Part V]

1.36 Articles involving military secrets. The Secretary of State will not issue a license authorizing the exportation of any arms, ammunition, or implements of war considered by the Secretary of War or by the Secretary of the Navy as instruments or appliances included among the articles covered by those terms as used in this Act if, in their opinion, they involve military secrets of interest to the national defense. The articles which may be so considered are articles falling within one of the following categories:

(a) Articles, the whole or any features of which have been or are being developed or manufactured by or for the War Department or the Navy Department or with the participation of either of those Departments; and

(b) Articles, the whole or any features of which have been used or are being used by the War Department or the Navy Department or which either Department has contracted to procure.i (Sec. 2, 40 Stat. 218, sec. 5 (a), 50 Stat. 124; 50 U.S.C. 32, 22 U.S.C., Sup., 245b) [Part V]

1.37 Articles contracted for by the War Department or the Navy Department. Included among articles developed by or for the War Department or the Navy Department are articles the development of which has been contracted for by either of those departments, or which have been developed in accordance with Army or Navy specifications and submitted to either department for evalution for procurement.† (Sec. 2, 40 Stat. 218, sec. 5 (a), 50 Stat. 124; 50 U.S.C. 32, 22 U.S.C., Sup., 245b) [Part V]

1.38 Prospective exporters of arms, etc., to communicate with the Secretary of State in advance of the proposed shipment. Prospective exporters of arms, ammunition, and implements of war should, before applying for a license to authorize the exportation of any article falling within the categories in $$ 1.35–1.37 which may possibly involve military secrets of interest to the national defense, communicate with the Secretary of State in advance of the proposed shipment in order that he may be in a position to ascertain for the prospective exporter whether or not military secrets are, in fact, involved therein.f (Sec. 2, 40 Stat. 218, sec. 5 (a), 50 Stat. 124; 50 Ú.S.C. 32, 22 U.S.C., Sup., 245b) [Part V] 1.39 Export of arms to China, Cuba, Honduras, and Nicaragua.

the Secretary of State will permit the exportation to China, Cuba, Honduras, and Nicaragua of the arms, ammunition, and implements of war listed in $ 1.49, only when the Department of State has been informed by the Chinese Embassy in Washington, the Cuban Embassy in Washington, the Honduran Legation in Washington, or the Nicaraguan Legation in Washington, as the case may be, that it is the desire of the government of the country into which the arms, ammunition, or implements of war are to be imported, that the exportation of the shipment be authorized. (Secs. 1, 2, 42 Stat. 361; 22 U.S.C. 236, 237. Proc. 1621, Mar. 4,

*For source citation, see note to s 1.34.

Page 9

1922, 42 Stat. 2264. Proc. 1689, Mar. 22, 1924, 43 Stat. 1942. Proc. 1783, Sept 15, 1926, 44 Stat. 2625. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b) [Part VI]

1.40 Responsibility for notification. The bringing about of notification to the Department of State through the appropriate embassy or legation that the government of an importing state desires that the exportation of a shipment be authorized is a matter with regard to which the initiative and responsibility lie with the importing government and the potential shipper.t (Secs. 1, 2, 42 Stat. 361; 22 U.S.C. 236, 237. Proc. 1621, Mar. 4, 1922, 42 Stat. 2264. Proc. 1689, Mar. 22, 1924, 43 Stat. 1942. Proc. 1783, Sept. 15, 1926, 44 Stat 2625. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b) [Part VI]

1.41 Export licenses for shipment of arms to Cuba. (a) In compliance with article II of the convention between the United States and Cuba to suppress smuggling, signed at Habana March 11, 1926, which reads in part as follows:

The High Contracting Parties agree that clearance of shipments of merchandise by water, air, or land, from any of the ports of either country to a port of entry of the other country, shall be denied when such shipment comprises articles the importation of which is prohibited or restricted in the country to which such shipment is destined, unless in this last case there has been a compliance with the requisites demanded by the laws of both countries.

(b) And in compliance with the laws of Cuba which restrict the importation of arms, ammunition, and implements of war of all kinds by requiring an import permit for each shipment, export licenses for shipments of arms, ammunition, and implements of war to Cuba are required for the articles enumerated below in addition to the articles enumerated in $ 1.49:

(1) Arms and small arms using ammunition of caliber .22 or less, other than those classed as toys.

(2) Spare parts of arms and small arms of all kinds and calibers, other than those classed as toys, and of guns and machine guns.

(3) Ammunition for the arms and small arms under (1). (4) Sabers, swords, and military machetes with cross-guard hilts.

(5) Explosives as follows: explosive powders of all kinds for all purposes; nitrocellulose having a nitrogen content of 12 percent or less; diphenylamine; dynamite of all kinds; nitroglycerine; alkaline nitrates (ammonium, potassium, and sodium nitrate); nitric acid; nitrobenzene (essence or oil of mirbane); sulphur; sulphuric acid chlorate of potash; and acetones.

(6) Tear gas (CoH COCH,Cl) and other similar nontoxic gases and apparatus designed for the storage or the projection of such gases.f (Art. 2, Convention between the United States and Cuba to suppress smuggling, proclaimed by the President, June 19, 1926, 44 Stat. 2403. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b) [Part VI]

1.42 Exportation authorized only upon desire of Cuban Government. The Secretary of State will permit the exportation to Cuba of the articles listed in 8 1.41 only when the Department of State has been informed by the Cuban Embassy in Washington Page 10

*For source citation, see note to $ 1.34.

that it is the desire of the Cuban Government that the exportation of the shipment be authorized.† (Art. 2, Convention between the United States and Cuba to suppress smuggling, proclaimed by the President, June 19, 1926, 44 Stat. 2403. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 56 Stat. 124, 22 U.S.C., Sup., 254b) [Part VI]

1.43 Export licenses not issued. No export licenses will be issued for shipments destined to China, Cuba, Honduras, or Nicaragua of the appliances and substances listed in $ 1.49 (f). (Secs. 1, 2, 42 Stat. 361; 22 U.S.C. 236, 237. Proc. 1621, Mar. 4, 1922, 42 Stat. 2264. Proc. 1689, Mar. 22, 1924, 43 Stat. 1942. Proc. 1783, Sept. 15, 1926, 44 Stat. 2625. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b)' [Part VI]

1.44 Exporter to present convincing evidence of destination. In the case of shipments of arms, ammunition, or implements of war from the United States not ostensibly destined to China, Cuba, Honduras, or Nicaragua, the Secretary of State may require exporters to present convincing evidence that they are not destined to any of those countries and may refuse to issue an export license for the same until such convincing evidence has been presented to him. (Secs. 1, 2, 42 Stat. 361; 22 U.S.C. 236, 237. Proc. 1621, Mar. 4, 1922, 42 Stat. 2264. Proc. 1689, Mar. 22, 1924, 43 Stat. 1942. Proc. 1783, Sept. 15, 1926, 44 Stat. 2625. Proc. 2089, June 29, 1934, 49 Stat. 3399. Sec. 5 (a), 50 Stat. 124; 22 U.S.C., Sup., 245b) [Part VI]

1.45 Shipments to Spain. No export licenses will be issued for shipments destined to Spain of any of the arms, ammunition, or implements of war enumerated in $ 1.49.1 (Sec. 1 (c), (d), 50 Stat. 121, 122; 22 U.S.C., Sup., 245a (c), (d). Proc. 2236, May 1, 1937, 50 Stat. 1831; 2 F.R. 776) [Part VII)

1.46 Exporters to present convincing evidence that destination is not Spain. By virtue of the power delegated to the Secretary of State by $ 1.51, to promulgate such rules and regulations not inconsistent with law as may be necessary to carry out any of the provisions of the joint resolution of Congress approved May 1, 1937, as made effective by 88 1.48-1.51, the Secretary of State may require exporters of any of the arms, ammunition, or implements of war enumerated in $ 1.49 to present convincing evidence that they are not destined to Spain and may refuse to issue an export license for the same until such convincing evidence has been presented to him.t (Sec. 1 (c), (d), 50 Stat. 121, 122; 22 U.S.C., Sup., 245a (c), (d). Proc. 2236, May 1, 1937, 50 Stat. 1831; 2 F.R. 776) [Part VII]

1.47 Carriage of small arms and ammunition on American vessels engaged in commerce with Spain. American vessels engaged in commerce with Spain may carry such small arms and ammunition as the masters of these vessels may deem indispensable for the preservation of discipline aboard the vessels. (Secs. 10, 11, 50 Stat. 127, 128; 22 U.S.C., Sup., 245f-1, 245f-2. Proc. 2236, May 1, 1937, 50 Stat. 1831; 2 F.R. 776) [Regs., Sec. State, May 1, 1937, 2 F.R. 794]

1.48 Proclamation of policy regarding civil strife in Spain. I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred on me by the †For source citation, see note to $ 1.34.

Page 11

said joint resolution, do hereby proclaim that a state of civil strife unhappily exists in Spain and that such civil strife is of a magnitude and is being conducted under such conditions that the export of arms, ammunition, or implements of war from the United States to Spain, would threaten and endanger the peace of the United States, and I do hereby admonish all citizens of the United States, or any of its possessions, and all persons residing or being within the territory or jurisdiction of the United States, or its possessions, to abstain from every violation of the provisions of the joint resolution above set forth, hereby made effective and applicable to the export of arms, ammunition, or implements of war from any place in the United States to Spain or to any other state for transshipment to, or for the use of Spain. (Secs. 1, 11, 50 Stat. 121, 128; 22 U.S.C., Sup., 245a, 245f-2) *[Proc. 2236, May 1, 1937, 2 F.R. 776]

1.49 Enumeration of articles to be considered arms, ammunition, and implements of war. I do hereby declare and proclaim that the articles listed shall be considered arms, ammunition, and implements of war for the purposes of section 1 of the said 'joint resolution of Congress :

(a) Category I. (1) Rifles and carbines using ammunition in excess of caliber .22, and barrels for those weapons;

(2) Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber 22, and barrels for those weapons;

(3) Guns, howitzers, and mortars of all calibers, their mountings and barrels;

(4) Ammunition in excess of caliber .22 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for such ammunition: filled and unfilled projectiles for the arms enumerated under (3) above;

(5) Grenades, bombs, torpedoes, mines and depth charges, filled or unfilled, and apparatus for their use or discharge;

(6) Tanks, military armored vehicles, and armored trains.

(b) Category II. “Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.

(c) Category III. (1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, which are designed, adapted, and intended for aerial combat by the use of machine guns or of artillery or for the carrying and dropping of bombs, or which are equipped with, or which by reason of design or construction are prepared for, any of the appliances referred to in paragraph (2) below;

(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.

(d) Category IV. (1) Revolvers and automatic pistols using ammunition in excess of caliber .22;

*Proc. 2237, May 1, 1937 (2 F.R. 778), was issued pursuant to section 5 of the joint resolution of May 1, 1937 (50 Stat. 121 ; 22 U.S.C., Sup., 245a). It contains an exact duplication of the enumeration of arms, etc., set out in Proc. 2236, May 1, 1937 (2 F.R. 776).

Page 12

(2) Ammunition in excess of caliber .22 for the arms enumerated under (1) above, and cartridge cases or bullets for such ammunition.

(e) Category V. (1) Aircraft, unassembled, assembled or dismantled, both heavier and lighter than air, other than those included in Category III;

(2) Propellers or air screws, fuselages, hulls, wings, tail units, and under-carriage units;

(3) Aircraft engines, unassembled, assembled, or dismantled.
(f) Category VI. (1) Livens projectors and flame throwers;
(2) (i) Mustard gas (dichlorethyl sulphide);

(ii) Lewisite (chlorvinyldichlorarsine and dichlordivinylchlorarsine);

(iii) Methyldichlorarsine;
(iv) Diphenylchlorarsine;
v) Diphenylcyanarsine;
(vi) Diphenylaminechlorarsine;
(vii) Phenyldichlorarsine;

viii) Ethyldichlorarsine;
(ix) Phenyldibromarsine;
(x) Ethyldibromarsine;
(xi) Phosgene;
xii) Monochlormethylchlorformate;
(xiii) Trichlormethylchlorformate (diphosgene);
xiv) Dichlordimethyl Ether;
(xv) Dibromdimethyl Ether;
xvi) Cyanogen Chloride;
(xvii) Éthylbromacetate;

xviii) Ethyliodoacetate; xix) Brombenzylcyanide;

xx) Bromacetone; xxi) Brommethylethyl ketone. (g) Category VII. (1) Propellant powders; (2) High explosives as follows: (i) Nitrocellulose having a nitrogen content of more than 12%; (ii) Trinitrotoluene; iii) Trinitroxylene;

(iv) Tetryl (trinitrophenol methyl nitramine or tetranitro methylaniline); (v) Picric acid;

icric (vi) Ammonium picrate; (vii) Trinitroanisol; (viii) Trinitronaphthalene; (ix) Tetranitronaphthalene; (x) Hexanitrodiphenylamine; (xi) Pentaerythritetetranitrate (Penthrite or Pentrite); (xii) Trimethylenetrinitramine (Hexogen or T.); xiii) Potassium nitrate powders (black saltpeter powder); (xiv) Sodium nitrate powders (black soda powder);

xv) Amatol (mixture of ammonium nitrate and trinitrotoluene); (xvi) Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients);

Page 13

« iepriekšējāTurpināt »