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22 U.S.C. § 401 — Illegal exportation of war materials

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 401 — Illegal exportation of war materials

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Source file: Laws/federal/codes/united-states-code/title-22/section-401-illegal-exportation-of-war-materials--ec4ea25be9.md
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Source location: Title 22, Chapter 9, § 401; chapter-009-foreign-wars-war-materials-and-neutrality.md

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**(a) Seizure and forfeiture of materials and carriers** Whenever an attempt is made to export or ship from or take out of the United States any arms or munitions of war or other articles in violation of law, or whenever it is known or there shall be probable cause to believe that any arms or munitions of war or other articles are intended to be or are being or have been exported or removed from the United States in violation of law, the Secretary of the Treasury, or any person duly authorized for the purpose by the President, may seize and detain such arms or munitions of war or other articles and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been or is being used in exporting or attempting to export such arms or munitions of war or other articles. The Secretary of Commerce may seize and detain any commodity (other than arms or munitions of war) or technology which is intended to be or is being exported in violation of laws governing such exports and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been used or is being used in exporting or attempting to export such articles. All arms or munitions of war and other articles, vessels, vehicles, and aircraft seized pursuant to this subsection shall be forfeited. **(b) Applicability of laws relating to seizure, forfeiture, and condemnation** All provisions of law relating to seizure, summary and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. However, with respect to seizures and forfeitures of property under this section by the Secretary of Commerce, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary of Commerce or, upon the request of the Secretary of Commerce, by any other agency that has authority to manage and dispose of seized property. Awards of compensation to informers under this section may be paid only out of funds specifically appropriated therefor. **(c) Disposition of forfeited materials** Arms and munitions of war forfeited under subsection (b) of this section shall be delivered to the Secretary of Defense for such use or disposition as he may deem in the public interest, or, in the event that the Secretary of Defense refuses to accept such arms and munitions of war, they shall be sold or otherwise disposed of as prescribed under existing law in the case of forfeitures for violation of the customs laws.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 983 — General rules for civil forfeiture proceedings

**(a) Notice; Claim; Complaint.—** (1) (A) (i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure. (ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law. (iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either— (I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding under this section; or (II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute. (iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency. (v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Gove

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 983

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 236 to 245 — Transferred

### Statutory Notes #### Codification Section 236, act Jan. 31, 1922, ch. 44, § 1, 42 Stat. 361, which related to prohibition against exportation of arms to American countries or countries under American jurisdiction in a state of domestic violence, was transferred to [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section409&num=0&edition=prelim) and was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862. Section 237, act Jan. 31, 1922, ch. 44, § 2, 42 Stat. 361, which related to penalties, was transferred to [section 410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section410&num=0&edition=prelim) and was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862. Section 238, act June 15, 1917, ch. 30, title VI, § 1, 40 Stat. 223, as amended, which related to illegal exportation of war materials, was transferred to [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401&num=0&edition=prelim). Section 239, act June 15, 1917, ch. 30, title VI, § 2, 40 Stat. 224, which related to issuance of warrant for detention of seized property, was transferred to [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section402&num=0&edition=prelim) and was repealed by act Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577. Section 240, act June 15, 1917, ch. 30, title VI, § 3, 40 Stat. 224, which related to filing petition for restoration of seized property, was transferred to [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section403&num=0&edition=prelim) and was repealed by act Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577. Section 241, act June 15, 1

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 236 to 245

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 402 to 405 — Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577

### Statutory Notes Section 402, act June 15, 1917, ch. 30, title VI, § 2, 40 Stat. 224, related to issuance of warrant for detention of seized property. Section 403, act June 15, 1917, ch. 30, title VI, § 3, 40 Stat. 224, related to filing petition for restoration of seized property. Section 404, acts June 15, 1917, ch. 30, title VI, § 4, 40 Stat. 224; Mar. 1, 1929, ch. 420, 45 Stat. 1423, related to institution of libel proceedings and sale of seized property. Section 405, act June 15, 1917, ch. 30, title VI, § 5, 40 Stat. 224, related to method of trial and bond for redelivery. For subject matter of sections 402 to 405 of this title, see [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 402 to 405

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 406 — Interference with foreign trade

Except in those cases in which the exportation of arms and munitions of war or other articles is forbidden by proclamation or otherwise by the President, as provided in [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401&num=0&edition=prelim), nothing herein contained shall be construed to extend to, or interfere with any trade in such commodities, conducted with any foreign port or place wheresoever, or with any other trade which might have been lawfully carried on before June 15, 1917, under the law of nations, or under the treaties or conventions entered into by the United States, or under the laws thereof.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 406

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 407 — Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577

### Statutory Notes Section, act June 15, 1917, ch. 30, title VI, § 7, 40 Stat. 225, related to President’s discretion to release seized property. See [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 407

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 401 — Illegal exportation of war materials

Page 293 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 401 Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘appropriate congressional com- mittees’’ and ‘‘Department’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LII, § 5214, Dec. 27, 2021, 135 Stat. 2359, provided that: ‘‘In this title [enacting this section and section 305 of this title, amending sections 304 and 4852 of this title, and enacting provisions set out as notes under sections 292, 4802, and 4851 of this title]: ‘‘(1) DESIGN-BUILD.—The term ‘design-build’ means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. ‘‘(2) NON-STANDARD DESIGN.—The term ‘non-stand- ard design’ means a design for a new embassy com- pound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.’’ CHAPTER 9—FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY SUBCHAPTER I—WAR MATERIALS Sec. 401. Illegal exportation of war materials. 402 to 405. Repealed. 406. Interference with foreign trade. 407. Repealed. 408. Use of land and naval forces to prevent expor- tation. 408a. ‘‘United States’’ defined. 409 to 420. Repealed or Omitted. 421. Contracts by Government agencies for de- fense articles, services, etc., for foreign gov- ernments in interests of United States. 422. Retention for United States of defense arti- cles procured for foreign governments. 423. Omitted. SUBCHAPTER II—NEUTRALITY 441. Proclamation of state of war between foreign sta

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 401

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