22 U.S.C. § 450 — Restrictions on use of American ports

Page 298 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 448 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT Section 452(i) of this title, referred to in subsec. (a), was repealed by act Aug. 26, 1954, ch. 937, title V, § 542(a)(12), 68 Stat. 861. See former section 1934(a) and section 2778(a) of this title. AMENDMENTS 1942—Subsec. (e). Joint Res. Feb. 21, 1942, added sub- sec. (e). Statutory Notes and Related Subsidiaries OPERATION OF SECTION POSTPONED UNTIL JULY 1, 1953 Joint Res. July 3, 1952, ch. 570, § 1(b)(7), 66 Stat. 333, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided that this section which is normally operative in time of peace shall not be operative by reason of the termination of a state of war on Apr. 28, 1952, but rather (in addition to being inoperative, in ac- cordance with their terms, in time of war) shall con- tinue to be inoperative until 6 months after the termi- nation of the national emergency proclaimed by the President on Dec. 16, 1950, 1950 Proc. 2914, 15 F.R. 9029, set out as a note preceding section 1 of Title 50, War and National Defense, or until such earlier date or dates as the Congress may provide, but in no event be- yond Apr. 1, 1953. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. § 448. Solicitation and collection of funds and contributions (a) Unlawful acts Whenever the President shall have issued a proclamation under the authority of section 441(a) of this title, it shall thereafter be unlaw- ful for any person within the United States to solicit or receive any contribution for or on be- half of the government of any state named in such proclamation or for or on behalf of any agent or instrumentality of any such state. (b) Medical aid, food, and clothing Nothing in this section shall be construed to prohibit the solicitation or collection of funds and contributions to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or col- lection of funds and contributions is made on be- half of and for use by any person or organization which is not acting for or on behalf of any such government, but all such solicitations and col- lections of funds and contributions shall be in accordance with and subject to such rules and regulations as may be prescribed. (c) Revocation of proclamation Whenever any proclamation issued under the authority of section 441(a) of this title shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to such state, except as to offenses committed prior to such revocation. (Nov. 4, 1939, ch. 2, § 8, 54 Stat. 8.) § 449. American republics This subchapter (except section 452 1 of this title) shall not apply to any American republic engaged in war against a non-American state or states, provided the American republic is not co- operating with a non-American state or states in such war. (Nov. 4, 1939, ch. 2, § 9, 54 Stat. 8.) Editorial Notes REFERENCES IN TEXT Section 452 of this title, referred to in text, was re- pealed by act Aug. 26, 1954, ch. 937, title V, § 542(a)(12), 68 Stat. 861. See former section 1934(a) and section 2778(a) of this title. § 450. Restrictions on use of American ports (a) Bond to insure non-delivery of men, ammuni- tion, fuel, etc. Whenever, during any war in which the United States is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port or from the jurisdiction of the United States, fuel, men, arms, ammunition, implements of war, supplies, dispatches, or in- formation to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as pro- vided for by section 967 of title 18, and if, in the President’s judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial in- terests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power, and it shall be his duty, to require the owner, master, or person in command thereof, before departing from a port or from the jurisdiction of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any fuel, sup- plies, dispatches, information, or any part of the cargo, to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title. (b) Departure prohibited If the President, or any person thereunto au- thorized by him, shall find that a vessel, domes- tic or foreign, in a port of the United States, has previously departed from a port or from the ju- risdiction of the United States during such war and delivered men, fuel, supplies, dispatches, in- formation, or any part of its cargo to a warship, tender, or supply ship of a state named in a proclamation issued under the authority of sec- tion 441(a) of this title, he may prohibit the de- parture of such vessel during the duration of the war. (c) Alien seaman; bond Whenever the President shall have issued a proclamation under section 441(a) of this title he Page 299 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 456 1 See References in Text note below. may, while such proclamation is in effect, re- quire the owner, master, or person in command of any vessel, foreign or domestic, before depart- ing from the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that no alien seaman who arrived on such vessel shall remain in the United States for a longer period than that permitted under the regula- tions, as amended from time to time, issued pur- suant to section 168 1 of title 8. Notwithstanding the provisions of said section 168 1 of title 8, the President may issue such regulations with re- spect to the landing of such seamen as he deems necessary to insure their departure either on such vessel or another vessel at the expense of such owner, master, or person in command. (Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.) Editorial Notes REFERENCES IN TEXT Section 168 of title 8, referred to in subsec. (c), was re- pealed by act June 27, 1952, ch. 477, § 403(a)(13), 66 Stat. 279. See section 1286 of Title 8, Aliens and Nationality. CODIFICATION In subsec. (a), ‘‘section 967 of title 18’’ substituted for ‘‘section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U.S.C., 1934 edition, title 18, sec. 31)’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted Title 18, Crimes and Criminal Procedure. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of Homeland Security of authority vested in President by subsecs. (a) and (b) of this section, see sections 1(n) and 1(o) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President. § 451. Submarines and armed merchant vessels Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state will serve to maintain peace be- tween the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the secu- rity of the United States, and shall make procla- mation thereof, it shall thereafter be unlawful for any such submarine or armed merchant ves- sel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limi- tations as the President may prescribe. When- ever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall there- upon cease to apply, except as to offenses com- mitted prior to such revocation. (Nov. 4, 1939, ch. 2, § 11, 54 Stat. 9.) Executive Documents USE OF UNITED STATES PORTS AND TERRITORIAL WATERS BY SUBMARINES OF FOREIGN NATIONS By Proc. Nos. 2375, Nov. 4, 1939, 4 F.R. 4494, 54 Stat. 2672; 2400, Apr. 25, 1940, 5 F.R. 1570, 54 Stat. 2699; 2406, May 11, 1940, 5 F.R. 1690, 54 Stat. 2705; 2409, June 10, 1940, 5 F.R. 2192, 54 Stat. 2707; 2445, Nov. 15, 1940, 5 F.R. 4524, 54 Stat. 2672, submarines of France, Germany, Poland, United Kingdom, India, Australia, Canada, New Zea- land, Union of South Africa, Norway, Belgium, the Netherlands, Italy, and Greece were denied use of United States ports and territorial waters. § 452. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(12), 68 Stat. 861 Section, acts Nov. 4, 1939, ch. 2, § 12, 54 Stat. 10; Jan. 26, 1942, ch. 19, 56 Stat. 19, established the National Mu- nitions Control Board. See former section 1934 and sec- tion 2778 of this title. Subsec. (h) was subsequently repealed by act Aug. 30, 1954, ch. 1076, § 1(28), 68 Stat. 968. § 453. Regulations The President may, from time to time, pro- mulgate such rules and regulations, not incon- sistent with law, as may be necessary and proper to carry out any of the provisions of this sub- chapter; and he may exercise any power or au- thority conferred on him by this subchapter through such officer or officers, or agency or agencies, as he shall direct. (Nov. 4, 1939, ch. 2, § 13, 54 Stat. 11.) Executive Documents DELEGATION OF POWERS Power to make rules and regulations under this sub- chapter delegated to Secretary of State by Proc. No. 2374, promulgated Nov. 4, 1939, 4 F.R. 4493, 54 Stat. 2671. See proclamations preceding section 1 of Title 50, War and National Defense. § 454. Unlawful use of the American flag by ves- sel of foreign state (a) It shall be unlawful for any vessel belong- ing to or operating under the jurisdiction of any foreign state to use the flag of the United States thereon, or to make use of any distinctive signs or markings, indicating that the same is an American vessel. (b) Any vessel violating the provisions of sub- section (a) of this section shall be denied for a period of three months the right to enter the ports or territorial waters of the United States except in cases of force majeure. (Nov. 4, 1939, ch. 2, § 14, 54 Stat. 11.) § 455. General penalty provision In every case of the violation of any of the provisions of this subchapter or of any rule or regulation issued pursuant thereto where a spe- cific penalty is not provided in this subchapter, such violator or violators, upon conviction, shall be fined not more than $10,000, or impris- oned not more than two years, or both. (Nov. 4, 1939, ch. 2, § 15, 54 Stat. 11.) § 456. Definitions For the purposes of this subchapter—