22 U.S.C. § 455 — General penalty provision

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—