[PUBLIC RESOLUTION-NO. 74-74TH CONGRESS]

[H. J. Res. 491]

JOINT RESOLUTION

Extending and amending the joint resolution (Public Resolution Numbered Seventy-fourth Congress), approved August 31, 1935.

Resolved by the Senate and House of Representatives of the Uni States of America in Congress assembled, That section 1 of the jo resolution (Public Resolution Numbered 67, Seventy-fourth C gress) approved August 31, 1935, be, and the same hereby is, amend by striking out in the first section, on the second line, after the w "assembled" the following words: "That upon the outbreak during the progress of war between", and inserting therefor words: "Whenever the President shall find that there exists a st of war between"; and by striking out the word "may" after word "President" and before the word "from" in the twelfth li and inserting in lieu thereof the word "shall"; and by substituti for the last paragraph of said section the following paragrap "except with respect to offenses committed, or forfeitures incur prior to May 1, 1937, this section and all proclamations issued the under shall not be effective after May 1, 1937."

SEC. 2. There are hereby added to said joint resolution two n sections, to be known as sections 1a and 1b, reading as follows "SEC. 1a. Whenever the President shall have issued his proclam tion as provided for in section 1 of this Act, it shall thereafter d ing the period of the war be unlawful for any person within t United States to purchase, sell, or exchange bonds, securities, or oth obligations of the government of any belligerent country, or of a political subdivision thereof, or of any person acting for or behalf of such government, issued after the date of such proclam tion, or to make any loan or extend any credit to any such gover ment or person: Provided, That if the President shall find that su action will serve to protect the commercial or other interests of t United States or its nationals, he may, in his discretion, and to su extent and under such regulation as he may prescribe, except fro the operation of this section ordinary commercial credits and sho time obligations in aid of legal transactions and of a character cu tomarily used in normal peace-time commercial transactions.

"The provisions of this section shall not apply to a renewal adjustment of such indebtedness as may exist on the date of t President's proclamation.

"Whoever shall violate the provisions of this section or of a regulations issued hereunder shall, upon conviction thereof, be fin not more than $50,000 or imprisoned for not more than five years, both. Should the violation be by a corporation, organization, association, each officer or agent thereof participating in the violati may be liable to the penalty herein prescribed.

(6)

"When the President shall have revoked his proclamation as provided for in section 1 of this Act, the provisions of this section and of any regulations issued by the President hereunder shall thereupon cease to apply.

"SEC. 1b. 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 nonAmerican state or states in such war."

SEC. 3. Section 9 of said joint resolution is amended to read as follows:

"There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this Act."

Approved, February 29, 1936.

47451°-59

[PUBLIC RESOLUTION-NO. 1-75TH CONGRESS]

[CHAPTER 1-1ST SESSION]

[S. J. Res. 3]

JOINT RESOLUTION

To prohibit the exportation of arms, ammunition, and implements of war from the United States to Spain.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That during the existence of the state of civil strife now obtaining in Spain it shall, from and after the approval of this Resolution be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to Spain or to any other foreign country for transshipment to Spain or for use of either of the opposing forces in Spain. Arms, ammunition, or implements of war, the exportation of which is prohibited by this Resolution, are those enumerated in the President's Proclamation No. 2163 of Ápril 10, 1936.

Licenses heretofore issued under existing law for the exportation of arms, ammunition, or implements of war to Spain shall, as to all future exportations thereunder, ipso facto be deemed to be cancelled.

Whoever in violation of any of the provisions of this Resolution shall export, or attempt to export, or cause to be exported either directly or indirectly, arms, ammunition, or implements of war from the United States or any of its possessions, shall be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

When in the judgment of the President the conditions described in this Resolution have ceased to exist, he shall proclaim such fact, and the provisions hereof shall thereupon cease to apply.

Approved, January 8, 1937, at 12.30 p. m.

(8)

[PUBLIC RESOLUTION-No. 27-75TH CONGRESS]

[CHAPTER 146-1ST SESSION]

[S. J. Res. 51]

JOINT RESOLUTION

To amend the joint resolution entitled "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", approved August 31, 1935, as amended.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "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", approved August 31, 1935, as amended, is amended to read as follows:

“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 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 the 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, ammuni tion, and implements of war so enumerated shall include those enu merated in the President's proclamation Numbered 2163, of April 10 1936, but shall not include raw materials or any other articles o materials not of the same general character as those enumerated in the said proclamation, and in the Convention for the Supervision o the International Trade in Arms and Ammunition and in Implement 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, 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. 1934 ed., title 22, secs. 238-245).

"(f) 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.

"(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 forfeitures incurred, prior to such revocation.

"EXPORT OF OTHER ARTICLES AND MATERIALS

"SEO. 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, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over lands bordering on the United States, 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 state or any such state wherein civil strife exists. The President shall by proclamation from time to time definitely enumerate the articles and materials which it shall be unlawful for American vessels to so transport.

"(b) 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 export of articles or materials from the United States to belligerent states, or to a state