22 U.S.C. § 462 — Compelling foreign vessels to depart

Page 300 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 457 (a) The term ‘‘United States’’, when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States, the Canal Zone, and the District of Columbia. (b) The term ‘‘person’’ includes a partnership, company, association, or corporation, as well as a natural person. (c) The term ‘‘vessel’’ means every description of watercraft and aircraft capable of being used as a means of transportation on, under, or over water. (d) The term ‘‘American vessel’’ means any vessel documented, and any aircraft registered or licensed, under the laws of the United States. (e) The term ‘‘state’’ shall include nation, gov- ernment, and country. (f) The term ‘‘citizen’’ shall include any indi- vidual owing allegiance to the United States, a partnership, company, or association composed in whole or in part of citizens of the United States, and any corporation organized and exist- ing under the laws of the United States as de- fined in subsection (a) of this section. (Nov. 4, 1939, ch. 2, § 16, 54 Stat. 12; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of this title. CODIFICATION Words ‘‘(including the Philippine Islands)’’ omitted from definition of ‘‘United States’’ in subsec. (a) pursu- ant to the authority of Proc. No. 2695, which granted independence to the Philippines under the provisions of section 1394 of this title, and which is set out as a note under section 1394. § 457. Appropriations 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 subchapter. (Nov. 4, 1939, ch. 2, § 18, 54 Stat. 12.) SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY § 461. Enforcement by courts; employment of land or naval forces The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any mili- tary expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this subchapter and sections 958 to 962 of title 18; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or re- sisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this subchapter and sections 958 to 962 of title 18, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the terri- tory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. (Mar. 4, 1909, ch. 321, § 14, 35 Stat. 1090.) Editorial Notes CODIFICATION This subchapter and sections 958 to 962 of title 18, re- ferred to in text, was in the original ‘‘this chapter’’, meaning chapter 2 of the act of Mar. 4, 1909, which had been classified to sections 461 to 464 of this title and sections 21 to 25, and 30 of former Title 18, Criminal Code and Criminal Procedure. ‘‘This subchapter’’ substituted in text for ‘‘sections 461 to 464 of this title’’. ‘‘Sections 958 to 962 of title 18’’ substituted in text for ‘‘sections 21 to 25, and 30 of title 18’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which en- acted Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 26 of title 18 prior to the general revision and enactment of Title 18 by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. PRIOR PROVISIONS Section was derived from R.S. § 5287 (act Apr. 20, 1818, ch. 88, § 8, 3 Stat. 449) which was amended by act Feb. 18, 1875, ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of Mar. 4, 1909. § 462. Compelling foreign vessels to depart It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign ves- sel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart. (Mar. 4, 1909, ch. 321, § 15, 35 Stat. 1091; June 15, 1917, ch. 30, title V, § 10, 40 Stat. 223.) Editorial Notes CODIFICATION Section was formerly classified to section 27 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. Page 301 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 465 Act June 15, 1917, inserted provisions relating to de- tention of vessels. PRIOR PROVISIONS Section was derived from R.S. § 5288 (act Apr. 20, 1818, ch. 88, § 9, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 463. Bonds from armed vessels on clearing The owners or consignees of every armed ves- sel sailing out of the ports of, or under the juris- diction of, the United States, belonging wholly or in part to citizens thereof, shall, before clear- ing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace. (Mar. 4, 1909, ch. 321, § 16, 35 Stat. 1091.) Editorial Notes CODIFICATION Section was formerly classified to section 28 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. PRIOR PROVISIONS Section was derived from R.S. § 5289 (act Apr. 20, 1818, ch. 88, § 10, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 464. Detention by collectors of customs The several collectors of the customs shall de- tain any vessel manifestly built for warlike pur- poses, and about to depart the United States, or any place subject to the jurisdiction thereof, the cargo of which principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or prop- erty of any foreign prince or state, or of any col- ony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by section 463 of this title. (Mar. 4, 1909, ch. 321, § 17, 35 Stat. 1091.) Editorial Notes CODIFICATION Section was formerly classified to section 29 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. PRIOR PROVISIONS Section was derived from R.S. § 5290 (act Apr. 20, 1818, ch. 88, § 11, 3 Stat. 450), which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. Executive Documents TRANSFER OF FUNCTIONS Offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise of Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965 eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Functions of Offices eliminated were already vest- ed in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 465. Detention of vessels 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 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18. (June 15, 1917, ch. 30, title V, § 9, 40 Stat. 223.) Editorial Notes CODIFICATION This section was not enacted as part of act Mar. 4, 1909, ch. 321, 35 Stat. 1090, which comprises this sub- chapter. Sections 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18, referred to in text, was in the original ‘‘this title’’, meaning title V of act June 15, 1917, which had been classified to sections 462 and 465 of this title and sections 25, and 31 to 38 of former Title 18, Criminal Code and Criminal Procedure. ‘‘Sections 756, 960, 963 to 967, and 3058 of title 18’’ sub- stituted in text for ‘‘sections 25, and 31 to 38 of title 18’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Crimi- nal Procedures. Section was formerly classified to section 38 of title 18 prior to the general revision and enactment of Title 18, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. Statutory Notes and Related Subsidiaries DEFINITIONS Definition of United States as used in this section, see section 408a of this title. CHAPTER 10—HEMISPHERAL RELATIONS SUBCHAPTER I—GENERALLY Sec. 501. Utilization of services of Government agen- cies to promote inter-American relations. 502. Creation of advisory committees. 503. Facilitating work of foreign traveling sales- men; licenses and certificates of identifica- tion. 504. Transfer of hemisphere territory from one non-American power to another; recogni- tion; consultation with American Repub- lics. SUBCHAPTER II—WAR MATERIALS 521. Military and naval assistance to governments of American Republics. 522. Transmission of information pertaining to implements of war, vessels, etc. 523. Restriction in contracts against disposal of implements of war, vessels, etc., or infor- mation. 524. Information on shipments to be given Chair- man of National Munitions Control Board.