enter himself or hire or retain another | diction thereof, any armed vessel owned subject or citizen of the same belligerent, wholly or in part by American citizens, who is transiently within the jurisdiction or any vessel, domestic or foreign (other of the United States, to enlist or enter than one which has entered the jurishimself to serve such belligerent on board diction of the United States as a public such ship of war, if the United States vessel), which is manifestly built for warshall then be at peace with such bel- like purposes or has been converted or ligerent.) adapted from a private vessel to one suitable for warlike use, and which is to be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of a belligerent nation, or which will be sold or delivered to a belligerent nation, or to an agent, officer, or citizen thereof, within the jurisdiction of the United States, or, having left that jurisdiction, upon the high seas.

(h) Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of one of the said belligerents to cruise, or commit hostilities against the subjects, citizens, or property of an opposing belligerent.

(i) Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid.

(n) Despatching from the United States, or any place subject to the jurisdiction thereof, any vessel built, armed, or equipped as a ship of war, or converted from a private vessel into a ship of war (other than one which has entered the jurisdiction of the United States as a public vessel), with any intent or under any agreement or contract, written or oral, that such vessel shall be delivered to a belligerent nation, or to any agent, officer, or citizen of such nation, or where there is reasonable cause to believe that the said vessel shall or will be employed in the service of such belligerent nation after its departure from the jurisdiction of the United States.

(j) Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the jurisdiction of the United States was a ship of war, cruiser, or armed vessel in the service of a belligerent, or belonging to a national thereof, by adding to the number of guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by the addition (0) Taking, or attempting or conspirthereto of any equipment solely applica-ing to take, or authorizing the taking of ble to war.

(k) Knowingly beginning or setting on foot or providing or preparing a means for or furnishing the money for, or taking part in, any military or naval expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territory or dominion of a belligerent.

(1) Despatching from the United States, or any place subject to the jurisdiction thereof, any vessel, domestic or foreign, which is about to carry to a warship, tender, or supply ship of a belligerent any fuel, arms, ammunition, men, supplies, despatches, or information shipped or received on board within the jurisdiction of the United States.

(m) Despatching from the United States, or any place subject to the juris

any vessel out of port or from the jurisdiction of the United States in violation of the said Act of the 15th day of June, A. D. 1917, as set forth in the preceding paragraphs (k)–(n).

(p) Leaving or attempting to leave the jurisdiction of the United States by a person belonging to the armed land or naval forces of a belligerent who shall have been interned within the jurisdiction of the United States in accordance with the law of nations, or leaving or attempting to leave the limits of internment in which freedom of movement has been allowed, without permission from the proper official of the United States in charge, or wilfully overstaying a leave of absence granted by such official.

(q) Aiding or enticing any interned person to escape or attempt to escape

PART 149-COMMERCE WITH STATES
ENGAGED IN ARMED CONFLICT

from the jurisdiction of the United | the Collector of the Port from or through States, or from the limits of internment which articles or materials are exported prescribed. (R.S. 5281-5291, 40 Stat. prior to the exportation from the United 221-223, 231; 18 U.S.C. 21-39) [Proc. States of such articles or materials. If 2348, Sept. 5, 1939; 4 F.R. 3809] the required declarations (oaths) have not been filed with regard to all articles and materials on any vessel before clearance thereof, the vessel may nevertheless be cleared if, but only if, the Collector of Customs to whom request for clearance is made is satisfied that the transfer of right, title and interest required by section 2 (c) has been made as to all such articles and materials. All failures by shippers to file the declarations (oaths) as required by this paragraph shall be referred to the United States Attorney having jurisdiction. (Sec. 2, 54 Stat. 4; 22 U.S.C., Sup., 245j-1, and Proc. 2374, Nov. 4, 1939; 22 CFR, 1939 Supp., 141.1) [Regs., Nov. 10, 1939, as amended Nov. 25, 1939; 4 F.R. 4599, 47011

§ 149.1 Exportation or transportation of articles or materials. (a) The provisions of section 2 (c) of the Neutrality Act of 1939 (54 Stat. 4; 22 U.S.C., Sup., 245j-1 (c)) do not apply to personal effects and household goods or any other articles or materials intended for the personal use of any United States citizen traveling on a valid passport.

(b) The provisions of section 2 (c) do not apply to any articles or materials exported for relief purposes by the American Red Cross or by any person or organization authorized to solicit and collect contributions under the rules and regulations issued by the Secretary of State pursuant to section 8 of the Neutrality Act of November 4, 1939. (54 Stat. 8; 22 U.S.C., Sup., 245j-7)

NOTE: Paragraph (e) of this section was added by Reg., Nov. 25, 1939; 4 F.R. 4701.

CROSS REFERENCES: For provisions of Proclamation 2374, Nov. 4, 1939; 4 F.R. 4493, see Part 141. For full text of Proclamation 2374, see Title 3 of this Supplement.

PART 152-COMBAT AREAS

§ 152.1 Definition of combat area(a) Necessity. I, Franklin D. Roosevelt,

(c) The provisions of section 2 (c) do not apply to the transport to any of the countries named in the President's Proclamation 2374 of November 4, 1939, of arms and ammunition intended exclu-President of the United States of Amersively for sporting or scientific purposes, when carried on the person of an individual or in his baggage.

(d) Articles and materials the shipment of which originated outside the geographic United States and which are shipped through the United States in bond or which arrive at a port in the United States merely as an incident of transit between two foreign points, whether or not transshipped in a port of the United States, need not be covered by the sworn declaration as to transfer of title required by section 2 (c) of the Neutrality Act of 1939 if the shipper is outside the geographic United States and is not a citizen of the United States, or an agent of such citizen, and the articles and materials are not consigned to a citizen of the United States, or an agent of such citizen.

(e) The shipper's declaration (oath) required by section 2 (c) of the Neutrality Act of 1939 must be filed with

ica, acting under and by virtue of the authority conferred on me by the joint resolution of November 4, 1939, do hereby find that the protection of citizens of the United States requires that there be defined a combat area through or into which it shall be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel, whether a surface vessel or an aircraft, to proceed.

(b) Boundaries. I do hereby define such combat area as follows:

All the navigable waters within the limits set forth hereafter.

Beginning at the intersection of the North Coast of Spain with the meridian of 2°45' longitude west of Greenwich;

Thence due north to a point in 43°54' north latitude;

Thence by rhumb line to a point in 45°00′ north latitude; 20°00' west longitude;

Thence due north to 58°00′ north lati- as amended Sept. 9, 1939, and Sept. 11, 1939; 4 F.R. 3838, 3882, 3891] tude;

NOTE: This section was amended by adding Thence by a rhumb line to latitude 62° the words "the Union of South Africa", Sept. north, longitude 2° east;

Thence by rhumb line to latitude 60° north, longitude 5° east;

Thence due east to the mainland of Norway;

Thence along the coastline of Norway, Sweden, the Baltic Sea and dependent waters thereof, Germany, Denmark, the Netherlands, Belgium, France and Spain to the point of beginning.

9, 1939; 4 F.R. 3882, and by adding the word "Canada", Sept. 11, 1939; 4 F.R. 3891.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 156.1 American diplomatic, consular, military, and naval officers. American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa if the public service requires (Sec. 5, 13, 54 Stat. 7, 11; 22 U.S.C., Sup., 245j-4, 245j-12, and Proc.

(c) Enforcement enjoined. I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and in bringing to trial and punishment any offenders against | 2374, Nov. 4, 1939; 22 CFR, 1939 Supp., the same.

141.1) [Regs., Nov. 6, 1939; 4 F.R. 4509]

§ 156.2 Other American citizens. Other American citizens may travel on vessels of Kingdom, India, Australia, Canada, New France; Germany; Poland; or the United Zealand, and the Union of South Africa, Pro

(d) Power delegated to Secretary of State. I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution as made effec-vided, however, That travel on or over the tive by this my proclamation issued north Atlantic Ocean east of 30 degrees west and north of 30 degrees north or on or over thereunder, which is not specifically dele-other waters adjacent to Europe or over the gated by Executive order to some other continent of Europe or adjacent islands shall officer or agency of this Government, and not be permitted except when specifically authe power to promulgate such rules and thorized by the Secretary of State in each case. (Sec. 9, 50 Stat. 127; 22 U.S.C., Sup. regulations not inconsistent with law as III, 245f, and Proc. 2349, Sept. 5, 1939; 4 F.R. may be necessary and proper to carry 3820) [Regs., Sept. 5, 1939, as amended out any of its provisions. (Secs. 3, 13, 54 Sept. 9, 1939, and Sept. 11, 1939; 4 F.R. 3838, 3882, 3891] Stat. 7, 11; 22 U.S.C., Sup., 245j-2, 245j-12) [Proc. 2376, Nov. 4, 1939; 4 F.R. 4495]

§ 156.1 American diplomatic, consular, military, and naval officers. American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pur

the words "the Union of South Africa", Sept. NOTE: This section was amended by adding 9, 1939; 4 FR. 3882, and by adding the word "Canada", Sept. 11, 1939; 4 F.R. 3891.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 156.2 Other American citizens. Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, Provided, however, That travel on or over the north Atlantic Ocean north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Pass

suant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa if the public service requires. (Sec. 9, 50 Stat. 127; 22 U.S.C., Sup. III, 245f, and Proc. 2349, Sept. port Division of the Department of State 5, 1939; 4 F.R. 3820) [Regs., Sept. 5, 1939, or an American diplomatic or consular

officer abroad in each case. (Sec. 5, 13, Endorsements valid for travel into or 54 Stat. 7, 11; 22 U.S.C., Sup., 245j-4, through a combat area may be placed 245j-12, and Proc. 2374, Nov. 4, 1939; 22 on the passports of officers and employees CFR, 1939 Supp., 141.1) [Regs. Nov. 6, of the United States, civil or military, 1939, as amended Nov. 17, 1939; 4 F.R. and members of their families if the 4509, 4641] public service requires. [Regs., Nov. 17, 1939; 4 F.R. 4641]

NOTE: This section was amended by substituting the words "Passport Division of American the Department of State or an diplomatic or consular officer abroad in each case" for the words "Secretary of State in

each case", Nov. 17, 1939; 4 F.R. 4641.

(e) Endorsements for other American nationals in cases of imperative necessity. Endorsements valid for travel into or through a combat area shall not be placed on the passports of other American nationals except in cases of imperative necessity and unless other routes of travel to destination are not reasonably available. [Regs., Nov. 17, 1939; 4 F.R. 4641]

(f) American nationals authorized to

§ 156.3 American nationals in combat areas (a) Holders of passports validated or issued after September 4, 1939; holders in combat areas. Holders of American passports issued or validated subsequent to September 4, 1939 for travel in Europe are hereby permitted to proceed, in accordance with the authori- travel without endorsement. Paragraphs zations and subject to the restrictions (b), (c), (d), (e), and (f) of this section noted on such passports, into and are not applicable to the following through any such combat area, whether by surface vessels or aircraft, or both, until further regulation. Holders of American passports, whether or not so issued or validated, presently in the combat areas defined by Proclamation 2376, are hereby permitted to proceed into and through such combat areas in connection with travel in accordance with the authorizations and subject to the restrictions noted on such passports, until further regulation. [Regs., Nov. 6, 1939;

4 F.R. 4510]

(b) Endorsement of passport for travel in combat areas. American nationals may not travel on any surface vessel or aircraft into or through any area which is or may be defined as a combat area unless they possess American passports which have been endorsed as valid, as hereinafter provided, for such travel by the Passport Division of the Department of State or an American diplomatic or consular officer abroad. [Regs., Nov. 17, 1939; 4 F.R. 4641]

American nationals who are hereby authorized, under the conditions stated, to travel into or through combat areas without being in possession of American passports endorsed as valid for such travel:

(1) Officers and enlisted personnel on board vessels of United States Navy or United States Coast Guard. Officers and enlisted personnel on board any vessels of the United States Navy or United States Coast Guard proceeding into or through combat areas under orders or in the course of duty.

(2) Officers and members of crew of American vessels authorized to evacuate American citizens. Officers and members of the crew of any American vessel which, by arrangement with the appropriate authorities of the Government of the United States, may be commissioned to proceed into or through a combat area in order to evacuate citizens of the United States who are in imminent danger to their lives as a result of combat operations incident to the present war.

(3) Officers and members of crew of American vessels under direction of American Red Cross. Officers and mem

(c) Endorsement restricted in validity to one specific journey. Each such endorsement shall be restricted in validity to one specific journey into or through a combat area and shall not be valid for travel on a belligerent vessel unless trans-bers of the crew of any American vessel portation on a neutral vessel is not reasonably available. [Regs., Nov. 17, 1939; 4 F.R. 46411

proceeding into or through a combat area under charter or other direction and control of the American Red Cross and under (d) Endorsement on passports of safe conduct granted by belligerent United States officers and employees. | states.

(4) Officers and members of crew of | Guard proceeding through or into this American vessels on current voyage. area under orders or in the course of Officers and members of the crew of any duty. American vessel which in advance of a proclamation by the President, defining any area as a combat area, cleared and departed from an American or foreign port for a port or ports within the area so defined as a combat area: Provided, however, That the provisions of this subparagraph are limited to a current voy-into or through this combat area in order age so undertaken.

(c) Emergency trips to evacuate United States citizens; Red Cross vessels. The provisions of Proclamation 2376 do not apply to any American vessel which, by arrangement with the appropriate authorities of the United States Government, is commissioned to proceed

tc evacuate citizens of the United States

who are in imminent danger to their lives as a result of combat operations incident to the present war, or to any American vessel proceeding into or through this area under charter or other direction and control of the American

Red Cross and under safe conduct granted by belligerent states named in Proclamation 2376. (Secs. 1, 3, 54 Stat. 4, 7; 22 U.S.C., Sup., 245j, 245j-2, and Procs. 2374, 2376, Nov. 4, 1939; 22 CFR, 1939 Supp., 141.1, 152.1) [Regs. Nov. 6, 1939; 4 F.R. 4510]

(5) Individuals possessing both American nationality and a foreign nationality. Individuals who possess both American nationality and a foreign nationality, and who habitually reside in the foreign state of which they are nationals, and who are using passports of such foreign | state, may, while en route to and from such state, travel on a belligerent vessel across the English Channel, the Irish Sea, or St. George's Channel without obtaining specific authority and without an American passport endorsed as valid for such travel. Individuals who undertake travel under the conditions indicated shall do so on the understanding that they will look for protection to the foreign state whose passport they carry. (Secs. 1, 3, 54 Stat. 4, 7; 22 U.S.C., Sup., PART 159-ARMING OF AMERICAN 245j, 245j-2, and Procs. 2374, 2376, Nov. 4, 1939; 22 CFR, 1939, Supp., 141.1, 152.1) [Regs., Nov. 6, 1939, Nov. 17, 1939, and Dec. 14, 1939; 4 F.R. 4510, 4641, 4871]

NOTE: Paragraph (a) of this section was is

sued Nov. 6, 1939; 4 FR. 4510, paragraphs (b) to (f) (4) were issued Nov. 17, 1939; 4 F.R. 4641, and paragraph (f) (5) was issued Dec. 14, 1939; 4 F.R. 4871.

§ 156.4 American vessels in combat areas-(a) Current voyages. The provisions of Proclamation 2376 do not apply to the current voyage of any American vessel which cleared for a foreign port in the combat area defined in that section and which departed from a port or from the jurisdiction of the United States in advance of the date of that section.

(b) Navy and Coast Guard vessels. The provisions of Proclamation 2376 do not apply to vessels of the United States Navy or the United States Coast

CROSS REFERENCES: For provisions of Proclamation 2376, Nov. 4, 1939: 4 F.R. 4495, see Part 152. For full text of Proclamation 2376, see Title 3 of this Supplement.

MERCHANT VESSELS

§ 159.1 Carriage of small arms and ammunition on American vessels engaged in commerce with foreign states. American vessels engaged in commerce with foreign states 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. 6, 13, 54 Stat. 7, 11; 22 U.S.C., Sup., 245j-5, 245j-12, and Proc. 2374, Nov. 4, 1939; 22 CFR, 1939 Supp., 141.1) [Regs., Sec. State, Nov. 6, 1939; 4 F.R. 4523]

NOTE: This section was originally issued with its application limited to American vessels engaged in commerce with France; Germany; Poland; or the United Kingdom, India, Australia and New Zealand, Sept. 5, 1939; 4 F.R. 3838. The Union of South Africa was added Sept. 9, 1939; 4 F.R. 3882, and Canada on Sept. 11, 1939; 4 F.R. 3891. The section was completely amended as set forth above, Nov. 6, 1939; 4 F.R. 4523.