22 U.S.C. § 441 — Proclamation of state of war between for-

Page 296 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 422 1 See References in Text note below. States under such contracts, shall at no time ex- ceed $600,000,000. (Oct. 28, 1941, ch. 460, title I, § 102, 55 Stat. 746.) § 422. Retention for United States of defense arti- cles procured for foreign governments Any defense article procured pursuant to sec- tion 421 of this title shall be retained by or transferred to and for the use of such depart- ment or agency of the United States as the President may determine, in lieu of being dis- posed of to a foreign government, whenever in the judgment of the President the defense of the United States will be best served thereby. (Oct. 28, 1941, ch. 460, title I, § 103, 55 Stat. 747.) § 423. Omitted Editorial Notes CODIFICATION Section, act June 14, 1943, ch. 122, § 2, 57 Stat. 152, re- lated to retention for defense of United States of cer- tain articles, information or service procured for for- eign governments from funds appropriated by act June 14, 1943 or prior acts appropriating funds to the Presi- dent for such purposes. SUBCHAPTER II—NEUTRALITY § 441. Proclamation of state of war between for- eign states (a) Issuance of proclamation Whenever the President, or the Congress by concurrent resolution, shall find that there ex- ists a state of war between foreign states, and that it is necessary to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States, the President shall issue a proclamation naming the states involved; and he shall, from time to time, by proclamation, name other states as and when they may become involved in the war. (b) Revocation of proclamation Whenever the state of war which shall have caused the President to issue any proclamation under the authority of this section shall have ceased to exist with respect to any state named in such proclamation, he shall revoke such proc- lamation with respect to such state. (Nov. 4, 1939, ch. 2, § 1, 54 Stat. 4.) Statutory Notes and Related Subsidiaries SHORT TITLE Joint Res. Nov. 4, 1939, ch. 2, § 20, 54 Stat. 12, provided that: ‘‘This joint resolution [enacting this subchapter] may be cited as the ‘Neutrality Act of 1939’.’’ REPEALS Joint Res. Nov. 4, 1939, ch. 2, § 19, 54 Stat. 12, provided that: ‘‘The joint resolution of August 31, 1935, as amended [sections 245a to 245i of this title], and the joint resolution of January 8, 1937 [ch. 1, 50 Stat. 3], are hereby repealed; but offenses committed and penalties, forfeitures, or liabilities incurred under either of such joint resolutions prior to the date of enactment of this joint resolution [this subchapter] may be prosecuted and punished, and suits and proceedings for violations of either of such joint resolutions or of any rule or reg- ulation issued pursuant thereto may be commenced and prosecuted, in the same manner and with the same ef- fect as if such joint resolutions had not been repealed.’’ Neutrality Act of 1939 not to be deemed repealed or modified in any manner by Joint Res. May 7, 1940, ch. 185, 54 Stat. 179, according to section 3 thereof, which resolution amended section 5(b) of the Trading With the Enemy Act, see section 4305(b) of Title 50, War and National Defense, which resolution approved and con- firmed Ex. Ord. No. 8389, amending Ex. Ord. No. 6560, formerly set out as a note under section 95a of Title 12, Banks and Banking, and regulations and general rul- ings issued by Secretary of Treasury under Ex. Ord. No. 8389. SEPARABILITY Joint Res. Nov. 4, 1939, ch. 2, § 17, 54 Stat. 12, provided that: ‘‘If any of the provisions of this joint resolution [this subchapter], or the application thereof to any per- son or circumstance, is held invalid, the remainder of the joint resolution, and the application of such provi- sion to other persons or circumstances, shall not be af- fected thereby.’’ PURPOSE OF AND RIGHTS RESERVED UNDER SUBCHAPTER Joint Res. Nov. 4, 1939, ch. 2, 54 Stat. 4, provided in part as follows: ‘‘Whereas the United States, desiring to preserve its neutrality in wars between foreign states and desiring also to avoid involvement therein, voluntarily imposes upon its nationals by domestic legislation the restric- tions set out in this joint resolution [this subchapter]; and ‘‘Whereas by so doing the United States waives none of its own rights or privileges, or those of any of its na- tionals, under international law, and expressly reserves all the rights and privileges to which it and its nation- als are entitled under the law of nations; and ‘‘Whereas the United States hereby expressly reserves the right to repeal, change or modify this [this sub- chapter] or any other domestic legislation in the inter- ests of the peace, security or welfare of the United States and its people.’’ §§ 442, 443. Repealed. Nov. 17, 1941, ch. 473, § 1, 55 Stat. 764 Section 442, Joint Res. Nov. 4, 1939, ch. 2, § 2, 54 Stat. 4, related to commerce with states engaged in armed conflict. Section 443, Joint Res. Nov. 4, 1939, ch. 2, § 3, 54 Stat. 7, related to combat areas. Executive Documents DEFINITION OF COMBAT AREAS Proc. No. 2376, Nov. 4, 1939, 3 p.m., 4 F.R. 4495, 54 Stat. 2673; Proc. No. 2394, Apr. 10, 1940, 5 F.R. 1400, 54 Stat. 2693; Proc. No. 2410, June 11, 1940, 5:20 p.m. E.S.T., 5 F.R. 2209, 54 Stat. 2708, as modified by Proc. No. 2474, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1628, defined various combat areas. § 444. American Red Cross vessels (a) Transport of officers, American Red Cross personnel, medical personnel, medical sup- plies, food and clothing The provisions of section 442(a) 1 of this title shall not prohibit the transportation by vessels, unarmed and not under convoy, under charter or other direction and control of the American Red Cross of officers and American Red Cross per- sonnel, medical personnel, and medical supplies, food, and clothing, for the relief of human suf-