DEPOSITED BY THE UNITED STATES OF AMERICA

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5.36 .USE

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[PUBLIC RESOLUTION-No. 67-74TH CONGRESS]

[S. J. Res. 173]

JOINT RESOLUTION

Providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That upon the outbreak or during the progress of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to any port of such belligerent states, or to any neutral port for transshipment to, or for the use of, a belligerent country. The President, by proclamation, shall definitely enumerate the arms, ammunition, or implements of war, the export of which is prohibited by this Act.

The President may, 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.

Whoever, in violation of any of the provisions of this section, shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States, or any of its possessions, shall be fined not more than $10,000 or imprisoned not more than five years, or both, and the property, 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, secs. 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 such use or disposal thereof as shall be approved by the President of the United States.

When in the judgment of the President the conditions which have caused him to issue his proclamation have ceased to exist he shall revoke the same and the provisions hereof shall thereupon cease to apply.

Except with respect to prosecutions committed or forfeitures incurred prior to March 1, 1936, this section and all proclamations issued thereunder shall not be effective after February 29, 1936. SEC. 2. That for the purposes of this Act

(a) The term Board means the National Munitions Control Board which is hereby established to carry out the provisions of this

Act. The Board shall consist of the Secretary of State, who be chairman and executive officer of the Board; the Secretar the Treasury; the Secretary of War; the Secretary of the N and the Secretary of Commerce. Except as otherwise provide this Act, or by other law, the administration of this Act is ve in the Department of State;

(b) The term "United States" when used in a geographical se includes the several States and Territories, the insular possession the United States (including the Philippine Islands), the Canal Z and the District of Columbia;

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(c) The term person "includes a partnership, company, a ciation, or corporation, as well as a natural person.

Within ninety days after the effective date of this Act, or u first engaging in business, every person who engages in the busi of manufacturing, exporting, or importing any of the arms, am nition, and implements of war referred to in this Act, whether an exporter, importer, manufacturer, or dealer, shall register v the Secretary of State his name, or business name, principal pl of business, and places of business in the United States, and a of the arms, ammunition, and implements of war which he ma factures, imports, or exports.

Every person required to register under this section shall not the Secretary of State of any change in the arms, ammunition, a implements of war which he exports, imports, or manufactures; upon such notification the Secretary of State shall issue to such p son an amended certificate of registration, free of charge, which sh remain valid until the date of expiration of the original certifica Every person required to register under the provisions of this sect shall pay a registration fee of $500, and upon receipt of such the Secretary of State shall issue a registration certificate valid five years, which shall be renewable for further periods of five ye: upon the payment of each renewal of a fee of $500.

It shall be unlawful for any person to export, or attempt export, from the United States any of the arms, ammunition, implements of war referred to in this Act to any other country to import, or attempt to import, to the United States from a other country any of the arms, ammunition, or implements of w referred to in this Act without first having obtained a licer therefor.

All persons required to register under this section shall mainta subject to the inspection of the Board, such permanent records manufacture for export, importation, and exportation of arm ammunition, and implements of war as the Board shall prescribe. Licenses shall be issued to persons who have registered as provid for, except in cases of export or import licenses where exportati of arms, ammunition, or implements of war would be in violati of this Act or any other law of the United States, or of a treaty which the United States is a party, in which cases such licenses sh not be issued.

The Board shall be called by the Chairman and shall hold at lea one meeting a year.

No purchase of arms, ammunition, and implements of war sha be made on behalf of the United States by any officer, executi

department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this Act.

The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report 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. 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.

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 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.

This section shall take effect on the ninetieth day after the date of its enactment.

SEC. 3. Whenever the President shall issue the proclamation provided for in section 1 of this Act, thereafter it shall be unlawful for any American vessel to carry any arms, ammunition, or implements of war to any port of the belligerent countries named in such proclamation as being at war, or to any neutral port for transshipment to, or for the use of, a belligerent country.

Whoever, in violation of the provisions of this section, shall take, attempt to take, or shall authorize, hire, or solicit another to take any such 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, her tackle, apparel, furniture, equipment, and the arms, ammunition, and implements of war on board shall be forfeited to the United States.

When the President finds 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. 4. 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, or its possession, men or fuel, arms, ammunition, implements of war, or other supplies to any warship, tender, or supply ship of a foreign belligerent nation, 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. 1; 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 nations, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, he shall have the power and it shall be his duty to require the owner, master, or

1 So in original.

person in command thereof, before departing from a port of United States, or any of its possessions, for a foreign port, to a bond to the United States, with sufficient sureties, in such am as he shall deem proper, conditioned that the vessel will not del the men, or the cargo, or any part thereof, to any warship, ten or supply ship of a belligerent nation; and, if the President any person thereunto authorized by him, shall find that a ve domestic or foreign, in a port of the United States, or one of possessions, has previously cleared from such port during such and delivered its cargo or any part thereof to a warship, ten or supply ship of a belligerent nation, he may prohibit the depar of such vessel during the duration of the war.

SEC. 5. Whenever, during any war in which the United St is neutral, the President shall find that special restrictions pla on the use of the ports and territorial waters of the United Sta or of its possessions, by the submarines of a foreign nation will se to maintain peace between the United States and foreign nati or to protect the commercial interests of the United States and citizens, or to promote the security of the United States, and s make proclamation thereof, it shall thereafter be unlawful for such submarine to enter a port or the territorial waters of the Un States or any of its possessions, or to depart therefrom, except un such conditions and subject to such limitations as the Presid may prescribe. When, in his judgment, the conditions which h caused him to issue his proclamation have ceased to exist, he sl revoke his proclamation and the provisions of this section sl thereupon cease to apply.

SEC. 6. Whenever, during any war in which the United Sta is neutral, the President shall find that the maintenance of pe between the United States and foreign nations, or the protection the lives of citizens of the United States, or the protection of commercial interests of the United States and its citizens, or security of the United States requires that the American citiz should refrain from traveling as passengers on the vessels of a belligerent nation, he shall so proclaim, and thereafter no citizen the United States shall travel on any vessel of any belligerent nat except at his own risk, unless in accordance with such rules a regulations as the President shall prescribe: Provided, howev That the provisions of this section shall not apply to a citizen trav ing on the vessel of a belligerent whose voyage was begun in adva of the date of the President's proclamation, and who had no opp tunity to discontinue his voyage after that date: And provid further, That they shall not apply under ninety days after t date of the President's proclamation to a citizen returning from foreign country to the United States or to any of its possessio When, in the President's judgment, the conditions which have caus him to issue his proclamation have ceased to exist, he shall revo his proclamation and the provisions of this section shall thereup cease to apply.

SEC. 7. In every case of the violation of any of the provisions this Act where a specific penalty is not herein provided, such violat or violators, upon conviction, shall be fined not more than $10,0 or imprisoned not more than five years, or both.

SEC. 8. If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

SEC. 9. The sum of $25,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended by the Secretary of State in administering this Act. Approved, August 31, 1935.