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 Repealed. 406.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 Repealed. 408.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 Repealed or Omitted. 421.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 states. 442, 443. Repealed. 444. American Red Cross vessels. 445. Travel on vessels of belligerent states. 446. Repealed. 447. Financial transactions. 448. Solicitation and collection of funds and con- tributions. 449. American republics. 450. Restrictions on use of American ports. 451. Submarines and armed merchant vessels. 452. Repealed. 453. Regulations. 454. Unlawful use of the American flag by vessel of foreign state. 455. General penalty provision. 456. Definitions. 457. Appropriations. SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY 461. Enforcement by courts; employment of land or naval forces. 462. Compelling foreign vessels to depart. 463. Bonds from armed vessels on clearing. 464. Detention by collectors of customs. 465. Detention of vessels. Executive Documents PROCLAMATIONS RESPECTING WAR AND NEUTRALITY See notes preceding section 1 of Title 50, War and Na- tional Defense. SUBCHAPTER I—WAR MATERIALS § 401. Illegal exportation of war materials (a) Seizure and forfeiture of materials and car- riers 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 ex- ported 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 de- tain any commodity (other than arms or muni- tions of war) or technology which is intended to be or is being exported in violation of laws gov- erning 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, for- feiture, and condemnation All provisions of law relating to seizure, sum- mary and judicial forfeiture and condemnation for violation of the customs laws, the disposi- tion of the property forfeited or condemned or the proceeds from the sale thereof; the remis- sion or mitigation of such forfeitures; and the compromise of claims and the award of com- pensation to informers in respect of such forfeit- ures shall apply to seizures and forfeitures in- curred, or alleged to have been incurred, under the provisions of this section, insofar as applica- ble 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 im- posed upon the customs officer or any other per- son with respect to the seizure and forfeiture of property under the customs law may be per- formed by such officers as are designated by the Secretary of Commerce or, upon the request of the Secretary of Commerce, by any other agen- cy that has authority to manage and dispose of seized property. Awards of compensation to in- formers 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 dis- position 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. 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