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

Page 294 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 402 to 405 (June 15, 1917, ch. 30, title VI, § 1, 40 Stat. 223; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; Aug. 13, 1953, ch. 434, § 1, 67 Stat. 577; Pub. L. 105–119, title II, § 211(a), Nov. 26, 1997, 111 Stat. 2487.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–119, which directed the amendment of section 401 of title 22, United States Code, by inserting ‘‘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, vehi- cle, or aircraft containing the same or which has been used or is being used in exporting or attempting to ex- port such articles.’’ after first sentence in subsec. (a), was executed by making the insertion in section 1(a) of act June 15, 1917, ch. 30, which is classified to this sec- tion, to reflect the probable intent of Congress. Subsec. (b). Pub. L. 105–119, which directed the amendment of section 401 of title 22, United States Code, by inserting ‘‘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 re- spect 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.’’ after ‘‘and not inconsistent with the provisions hereof.’’ in subsec. (b), was executed by mak- ing the insertion in section 1(b) of act June 15, 1917, ch. 30, which is classified to this section, to reflect the probable intent of Congress. 1953—Act Aug. 13, 1953, provided not only seizure and forfeiture of articles or merchandise which are being, or are intended to be illegally exported, and the vehi- cle, vessel, or aircraft in which exportation is intended to accomplish, but also for the seizure and forfeiture of articles or merchandise actually illegally exported out, the carrier used to effectuate the exportation, provided for applicability of laws relating to seizure, summary and judicial forfeiture and condemnation, and provided for the disposition of seized materials. 1930—Act June 17, 1930, substituted ‘‘comptrollers of customs’’ for ‘‘Naval officers of customs’’. Executive Documents EX. ORD. NO. 10863. AUTHORIZATION OF ATTORNEY GEN- ERAL TO SEIZE ARMS AND MUNITIONS OF WAR, AND OTHER ARTICLES Ex. Ord. No. 10863, Feb. 18, 1960, 25 F.R. 1507, provided: By virtue of the authority vested in me by section 1 of Title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), it is ordered as follows: SECTION 1. The Attorney General is hereby designated under section 1 of Title VI of the act of June 15, 1917, as amended by section 1 of the act of August 13, 1953 [this section], as a person duly authorized to seize and detain arms or munitions of war or other articles, and to seize and detain any vessel, vehicle, or aircraft con- taining such items or which has been, or is being, used in exporting or attempting to export such arms or mu- nitions of war or other articles, whenever an attempt is made to export or ship from or take out of the United States such arms or munitions of war or other articles in violation of law, or whenever it is known, or there is probable cause to believe, that such arms or muni- tions 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. SEC. 2. The authority conferred upon the Attorney General by section 1 of this order may be exercised by any officer of the Department of Justice designated for such purpose by the Attorney General. DWIGHT D. EISENHOWER. §§ 402 to 405. Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577 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 prop- erty. Section 405, act June 15, 1917, ch. 30, title VI, § 5, 40 Stat. 224, related to method of trial and bond for rede- livery. For subject matter of sections 402 to 405 of this title, see section 401 of this title. § 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, 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 be- fore 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. (June 15, 1917, ch. 30, title VI, § 6, 40 Stat. 225.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act June 15, 1917, ch. 30, title VI, 40 Stat. 223, which enacted sections 31 to 39, 98, 130 to 133, 288, 343 to 346, 381, 502, 535, 536, 574, and 611 to 633 of former Title 18, Criminal Code and Criminal Procedure, sections 213, 231 to 233, 235, 401 to 408a, 462, and 465 of this title, and sections 30 to 42, former section 191, former sections 192 to 194, and sec- tion 195 of Title 50, War and National Defense, and amended sections 25, 27, and 349 of former Title 18. For complete classification of this Act to the Code, see Ta- bles. § 407. Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577 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. § 408. Use of land and naval forces to prevent ex- portation The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of sections 401 to 408 of this title. (June 15, 1917, ch. 30, title VI, § 8, 40 Stat. 225.) Executive Documents AIR FORCE For transfer of certain functions insofar as they per- tain to the Air Force, and to the extent that they were not previously transferred to the Secretary of the Air