22 U.S.C. § 447 — Financial transactions

Page 297 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 447 1 See References in Text note below. fering: Provided, That where permission has not been given by the blockading power, no Amer- ican Red Cross vessel shall enter a port where a blockade by aircraft, surface vessel, or sub- marine is being attempted through the destruc- tion of vessels, or into a port of any country where such blockade of the whole country is being so attempted: Provided further, That such American Red Cross vessel shall be on a mission of mercy only and carrying only Red Cross ma- terials and personnel. (b) Transport of refugee children The provisions of sections 442(a) and 443 1 of this title shall not prohibit a vessel, in ballast, unarmed, and not under convoy, and trans- porting refugee children, under sixteen years of age, from war zones, or combat areas, and shall not prohibit such vessel entering into such war zones or combat areas for this purpose, together with such necessary American citizen adult per- sonnel in charge as may be approved by the Sec- retary of State, subject to the provisions of the immigration laws, if such vessel is proceeding under safe conduct granted by all of the States named in the proclamations issued under the au- thority of section 441(a) of this title, and if such vessel has painted on a large scale prominently, distinctly, and unmistakably on each side there- of and upon the superstructure thereof plainly visible from the air an American flag and a statement to the effect that such vessel is a ref- ugee-child rescue ship of the United States or under United States registry: Provided, That every such child so brought into the United States shall, previous to departure from the port of embarkation, have been so sponsored by some responsible American person, natural or cor- porate, that he will not become a public charge. (Nov. 4, 1939, ch. 2, § 4, 54 Stat. 7; June 26, 1940, ch. 431, 54 Stat. 611; Aug. 27, 1940, ch. 695, 54 Stat. 866.) Editorial Notes REFERENCES IN TEXT Sections 442(a) and 443 of this title, referred to in sub- secs. (a) and (b), were repealed by act Nov. 17, 1941, ch. 473, § 1, 55 Stat. 764. AMENDMENTS 1940—Act June 26, 1940, inserted ‘‘unarmed and not under convoy’’, inserted two proviso clauses and struck out ‘‘proceeding under safe conduct granted by states named in any proclamation issued under the authority of section 441(a) of this title’’ after ‘‘control of the American Red Cross’’. Act Aug. 27, 1940, designated existing provisions as subsec. (a) and added subsec. (b). § 445. Travel on vessels of belligerent states (a) Proscription by Presidential proclamation Whenever the President shall have issued a proclamation under the authority of section 441(a) of this title it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of any state named in such proclama- tion, except in accordance with such rules and regulations as may be prescribed. (b) Revocation of proclamation; effect 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, § 5, 54 Stat. 7.) § 446. Repealed. Nov. 17, 1941, ch. 473, § 2, 55 Stat. 764 Section, Joint Res. Nov. 4, 1939, ch. 2, § 6, 54 Stat. 7, prohibited arming of American merchant vessels. Joint Res. Nov. 17, 1941, § 2, which repealed this section, was itself repealed, effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, § 2(a), 61 Stat. 451, which provided that it should remain in full force and effect until such date. § 447. Financial transactions (a) Bonds, securities, or other obligations 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 purchase, sell, or exchange bonds, securities, or other obligations of the government of any state named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or political subdivision thereof, issued after the date of such proclamation, or to make any loan or extend any credit (other than necessary credits accruing in connection with the transmission of telegraph, cable, wireless and telephone services) to any such government, political subdivision, or person. The provisions of this subsection shall also apply to the sale by any person within the United States to any per- son in a state named in any such proclamation of any articles or materials listed in a proclama- tion referred to in or issued under the authority of section 452(i) 1 of this title. (b) Renewal or adjustment of indebtedness The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of such proclamation. (c) Fine and imprisonment Whoever shall knowingly violate any of the provisions of this section or of any regulations issued thereunder shall, upon conviction there- of, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or director thereof par- ticipating in the violation shall be liable to the penalty herein prescribed. (d) 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. (e) Wartime This section shall not be operative when the United States is at war. (Nov. 4, 1939, ch. 2, § 7, 54 Stat. 8; Feb. 21, 1942, ch. 104, 56 Stat. 95.) 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