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171.32

trance are at an end, the prize with its | Sec.
officers and crew will be released and the 171.31
prize crew will be interned. A belligerent
Prize Court cannot be set up on territory
subject to the jurisdiction of the United
States or on a vessel in the ports, har-171.33
bors, roadsteads, or waters subject to
the jurisdiction of the United States.*+ 171.34
§ 164.19 Vessels operating under pub-171.35
lic control. The provisions of §§ 164.11-171.36
164.19 pertaining to ships of war shall 171.37
apply equally to any vessel operating
under public control for hostile or mili-
tary purposes.*+

171.38

License required for export of articles
intended for war purposes.
"Propellant powders," "potassium ni-
trate powders," "sodium nitrate
powders."

Aircraft flown or shipped from the
United States for a temporary so-
journ abroad.

Customs clearance.

Records of manufacture, export, and
import.
Title I of the Espionage Act.

Articles involving military secrets.
Articles contracted for by the War
Department or the Navy Depart-
ment.

Prospective exporters of arms, etc., to
communicate with the Secretary
of State in advance of shipment.
Export of arms to China, Cuba, Hon-
duras, and Nicaragua.
Responsibility for notification.
Export licenses for shipment of arms
to Cuba.

171.39

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Exportation authorized only upon

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171.6 171.7 171.8 171.9

Forgings, castings, and machined
bodies.

Club propellers, cut away models of
aircraft engines, and mock-ups.
Production for experimental or sci-
entific purposes.
Persons who may make or receive
occasional shipments.
171.10 National Firearms Act, June 26, 1934;
Federal Firearms Act, June 30,

171.11

1938.

Applications for licenses.

171.12 Import licenses.

171.13 Export licenses.

171.14

171.15

desire of Cuban Government. Export licenses not issued.

Exporter to present convincing evidence of destination.

PROCLAMATION 2237

Enumeration of articles to be considered arms, ammunition, and implements of war.

§ 171.1 Application for registration. All persons engaged in the business of manufacturing, exporting, or importing any of the arms, ammunition, or implements of war enumerated in § 171.49, shall register with the Secretary of State by duly filling out and transmitting to the Secretary of State an application for registration in the form printed below. The articles manufactured, exported, or imported shall be listed on the application for registration under the same categories and in precisely the same terms in which they are listed in § 171.49. Applications for registration must be signed and sworn to in the presence of a notary public before they are transArticles in transit through the ter- mitted to the Secretary of State. ritory of the United States.

Licenses not transferable.
Alterations.

171.16 Revoked licenses.

171.17 Country of ultimate destination.
171.18 Shipper's export declaration.
171.19 Type and model designation.
171.20 Presentation of licenses to collector

of customs.

171.21 Export license material to be packed separately.

171 22 Parcel post. 171.23

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171.30 Licenses required for the export or Persons Engaged in the Business of Manuimport of aircraft wheels and pro-facturing, Exporting, or Importing Arms, Ampeller blades. | munition, or Implements of War, Pursuant to

Section 12 of the Joint Resolution of Congress Approved by the President November 4, 1939.

(The applicant shall fill in all of the following spaces)

Signed and sealed in my presence this --day of 19__.

(Notary Public)

The registration fee of $100 is transmitted

(1) Name of person (the term "person" in- | herewith in the form of (certified check)

cludes a partnership, company, association, or corporation, as well as a natural person):

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(money order (Checks should be made payable to the order of the Secretary of State.)

(Perforation)

REGISTRATION NUMBER

(Not to be filled in by the applicant)

UNITED STATES OF AMERICA

DEPARTMENT OF STATE

Certificate of Registration

facturing, Exporting, or Importing Arms, Ammunition, or Implements of War, Pursuant to Section 12 of the Joint Resolution of Congress Approved by the President November 4, 1939.

Persons Engaged in the Business of Manu

(The applicant shall fill in all of the following

spaces)

(1) Name of person (the term "person" includes a partnership, company, association, or corporation, as well as a natural person):

(2) Principal place of business:

(3) Other places of business in the United States:

(4) The applicant is engaged in the (manufacture)

importation of arms, ammunition, or imexportation

plements of war. (Strike out the designation or designations not applicable to the business of the applicant.)

(5) List of the arms, ammunition, and implements of war manufactured, imported, or exported. (The articles manufactured, imported, or exported shall be listed under the following categories, in precisely the same terms in which they are listed in the President's proclamation of May 1, 1937.)

Category I

Category II

Category III

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§§ 171.1 to 171.45, inclusive, (with exceptions noted in the text,) issued under the authority contained in sec. 12, 54 Stat. 10; 22 U.S.C., Sup., 245j-11.

†The source of §§ 171.1 to 171.45, inclusive,

is Laws and regulations administered by the Secretary of State governing the international traffic in arms, ammunition and implements of war, and other munitions of war, seventh edition, Nov. 6, 1939; 4 F.R. 4513.

revision of the list of arms, ammunition, and implements of war which he manufactures, exports or imports, or a change of name, such registered person shall submit, on the form described in § 171.1, an application for an amended certificate of registration, including this information. Upon the receipt of a duly executed application therefor, the Secretary of State will issue to such person, free of charge, an amended certificate of registration which will remain valid until the date of the expiration of his original certificate.* [Part III, (4) ]

§ 171.5 Manufacturers, exporters, and importers of aircraft wheels and propeller blades. Manufacturers, exporters, and importers of component parts of the articles or units enumerated in § 171.49, but not of a complete article or unit listed in that section, are not required to register under the joint resolution. Aircraft wheels and aircraft propeller blades are, however, considered as constituting to such an unusual degree the main body of aircraft under-carriage units and aircraft propellers that the manufacture, export, or import of such wheels or blades alone is held to subject the manufacturer, exporter, or importer to the requirement of registration.*† [Part III, (5) ]

§ 171.6 Forgings, castings, and ma§ 171.2 Registration fee. Applications chined bodies. Forgings, castings, and for registration transmitted to the Sec-machined bodies for any of the arms, retary of State must be accompanied ammunition, or implements of war enuby a registration fee of $100 in the form merated in § 171.49, which have reached of a money order or a certified check.*† such a stage in manufacture that they are clearly identifiable as forgings, cast[Part III, (2)] ings, or machined bodies for arms, ammunition, and implements of war, are considered as constituting arms, ammunition, and implements of war for the purposes of section 12 of the joint resolution. (54 Stat. 10; 22 U.S.C., Sup., 245j-11).*† [Part III, (6)]

§ 171.3 Certificate of registration. Upon receipt of an application for registration and the appended certificate of registration duly filled out and accompanied by a registration fee of $100, the Secretary of State will return to the applicant, as a receipt, the certificate of registration, duly signed and sealed. This certificate of registration must be conspicuously displayed at the principal place of business of the person regis

tered.* [Part III, (3)]

§ 171.7 Club propellers, cut away models of aircraft engines and mock-ups. Club propellers, cut away models of aircraft engines and mock-ups or models of arms, ammunition, and implements of war which by reason of design or con§ 171.4 Notification of changes. struction are incapable of being used or Every person registered shall notify the of being adapted for use in flight or for Secretary of State of any change in the military or naval purposes will not be information set forth in his certificate of considered as arms, ammunition, or imregistration. If the change involves a plements of war within the meaning of

section 12 of the joint resolution.* | arm is included within the foregoing [Part III, (7)] definition, but does not include any rifle

§ 171.8 Production for experimental which is within the foregoing provisions or scientific purposes. The production solely by reason of the length of its barfor experimental or scientific purposes, rel if the caliber of such rifle is .22 or when such production is not followed by smaller and if its barrel is 16 inches sale, of the appliances and substances in- or more in length." The Federal Firecluded in category VI of § 171.49, or of arms Act applies to manufacturers and single units of other arms, ammunition, dealers who are engaged in interstate or and implements of war, is not considered foreign commerce in firearms and amas manufacture for the purposes of sec-munition. The term "firearm" as used in tion 12 of the joint resolution.*† [Part III, (8)]

this Act means "any weapon, by whatever name known, which is designed to § 171.9 Persons who may make or re- expel a projectile or projectiles by the ceive occasional shipments. Persons who action of an explosive and a firearm are not engaged in the business of ex- muffler or firearm silencer, or any part porting or importing arms, ammunition, or parts of such weapon," and the term or implements of war, but who, either for "ammunition" includes "all pistol or retheir own personal use or as forwarding volver ammunition except .22-caliber agents for persons who are engaged in rim-fire ammunition." Rules and reguthis business, or, in exceptional circum-lations for the enforcement of these Acts stances, in other capacities, may make or are prescribed by the Commissioner of receive occasional shipments of such arti- Internal Revenue, with the approval of cles, will not be considered as exporters the Secretary of the Treasury.*† or importers of arms, ammunition, and III, (10)] implements of war within the meaning of section 12 of the joint resolution. Licenses for such shipments may be obtained in accordance with the provisions of § 171.24.*† [Part III, (9)]

$171.10 National Firearms Act, June 26, 1934; Federal Firearms Act, June 30, 1938. The provisions of the regulations in this part shall be considered as binding in addition to, and not in lieu of, those established under the Act known

[Part

CROSS REFERENCE: For rules and regulations of the Department of the Treasury for the enforcement of these Acts, see 26

CFR Parts 307 and 313.

§ 171.11 Applications for licenses. No person not registered under section 12 the business of exporting or importing of the joint resolution shall engage in any of the arms, ammunition, or implements of war listed in § 171.49. All perSecretary of State a license to cover each sons registered shall obtain from the as the National Firearms Act (48 Stat. shipment exported or imported. Blank 1236; 26 U.S.C. and Sup., 1132-1132q), forms of application for license similar approved by the President June 26, 1934, as amended; and under the Federal to those printed below will be furnished Firearms Act (52 Stat. 1250; 15 U.S.C. by the Secretary of State upon request.

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a shot is discharged by an explosive Applicant's registration No.

if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer

License No.

(For official use only)

for any firearm whether or not such fire- (Insert here name of country of destination)

General Instructions

(a) One duplicate application should be made for each complete shipment to any one consignee, and may include more than one commodity, but may not include shipments to more than one country.

(b) Applications should be typewritten, with the exception of signature, but will be considered if written legibly in ink.

(c) Commodities appearing under (7) below should be listed under the number of the pertinent category and category subdivision of that Presidential proclamation enumerating arms, ammunition, and implements of war which is in effect on the date the application is submitted. Each commodity listed should be designated clearly and specifically, the type and model designation being included whenever possible.

(d) A separate value should be given under (8) below for each category, and for each subdivision of a category, which enters into the shipment covered by the application. Values listed should represent the selling price only of the articles exported, and should not include such supplementary costs as packing, freight, etc.

(e) Unsigned applications or applications which omit essential information called for in the numbered spaces will be returned.

(f) When countersigned and impressed with the seal of the Department of State, this application becomes a license.

(g) Any attempt to export a commodity differing in any way from that licensed, or any alteration of a license, except by a duly authorized officer of the Government, is punishable under appropriate acts of Congress. Changes in the information set forth in licenses which have been issued under the seal of the Secretary of State can be effected by amendments which can be made only by the Department of State, or by collectors of customs or postmasters acting under the specific instructions of the Department of State.

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License is hereby granted to the applicant mentioned herein to export from the United the comStates of America to modity as described and in the quantity given, on the following terms and conditions:

This license is not transferable and is

subject to revocation without notice.

Shipment must be made from port of exit within 1 year from date of this license as given below under the seal of the Department.

Export licenses must be filed with the collector of customs at the port from which the shipment is departing from the United States at least 24 hours before the proposed departure and, in the case of shipment by a seagoing vessel, 24 hours before the lading of the vessel.

If partial shipments are made on this license, endorsements by the collectors of customs or postmasters will be made below.

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For Collectors of Customs and Postmasters:

This license should be returned to the

Secretary of State at the end of the month during which the last article of the shipment described therein was exported, or during which notice has been given that the remaining balance will not be shipped, or during which the license has been revoked

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