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Providing for the prohibition
of the export of arms, ammunition, and implements of war to
belligerent countries; the prohibition of the transportation of
arms, ammunition, and implements of war by vessels of the United
States for the use of belligerent states; for the registration and
licensing of persons engaged in the business of manufacturing,
exporting, or importing arms, ammunition, or implements of war; and
restricting travel by American citizens on belligerent ships during
war.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That upon the outbreak or
during the progress of war between, or among, two or more foreign
states, the President shall proclaim such fact, and it shall
thereafter be unlawful to export arms, ammunition, or implements of
war from any place in the United States, or possessions of the
United States, to any port of such belligerent states, or to any
neutral port for transshipment to, or for the use of, a belligerent
country.
The President, by proclamation, shall definitely enumerate the arms,
ammunition, or implements of war, the export of which is prohibited
by this Act.
The President may, from time to time, by proclamation, extend such
embargo upon the export of arms, ammunition, or implements of war to
other states as and when they may become involved in such war.
Whoever, in violation of any of the provisions of this section,
shall export, or attempt to export, or cause to be exported, arms,
ammunition, or implements of war from the United States, or any of
its possessions, shall be fined not more than $10,000 or imprisoned
not more than five years, or both, and the property, vessel, or
vehicle containing the same shall be subject to the provisions of
sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved
June 15, 1917 (40 Stat. 223-225; U. S. C., title 22, sees. 238-245).
In the case of the forfeiture of any arms, ammunition, or implements
of war by reason of a violation of this Act, no public or private
sale shall be required; but such arms, ammunition, or implements of
war shall be delivered to the Secretary of War for such use or
disposal thereof as shall be approved by the President.
When in the judgment of the President the conditions which have
caused him to issue his proclamation have ceased to exist he shall
revoke the same and the provisions hereof shall thereupon cease to
apply.
Except with respect to prosecutions committed or forfeitures
incurred prior to March 1, 1936, this section and all proclamations
issued thereunder shall not be effective after February 29, 1936.
SEC. 2. That for the purpose of this Act-
(a) The term "Board" means the National Munitions Control Board
which is hereby established to carry out the provisions of this Act.
The Board shall consist of the Secretary of State, who shall be
chairman and executive officer of the Board; the Secretary of the
Treasury; the Secretary of War; the Secretary of the Navy; and the
Secretary of Commerce. Except as otherwise provided in this Act, or
by other law, the administration of this Act is vested in the
Department of State;
(b) The term "United States" when used in a geographical sense,
includes the several States and Territories, the insular possessions
of the United States (including the Philippine Islands), the Canal
Zone, and the District of Columbia;
(c) The term "person" includes a partnership, company, association,
or corporation, as well as a natural person.
Within ninety days after the effective date of this Act, or upon
first engaging in business, every person who engages in the business
of manufacturing, exporting, or importing any of the arms,
ammunition, and implements of war referred to in this Act, whether
as an exporter, importer, manufacturer, or dealer, shall register
with the Secretary of State his name, or business name, principal
place of business, and places of business in the United States, and
a list of the arms, ammunition, and implements of war which he
manufactures, imports, or exports.
Every person required to register under this section shall notify
the Secretary of State of any change in the arms, ammunition, and
implements of war which he exports, imports, or manufactures; and
upon such notification the Secretary of State shall issue to such
person an amended certificate of registration, free of charge, which
shall remain valid until the date of expiration of the original
certificate. Every person required to register under the provisions
of this section shall pay a registration fee of $500, and upon
receipt of such fee the Secretary of State shall issue a
registration certificate valid for five years, which shall be
renewable for further periods of five years upon the payment of each
renewal of a fee of $500.
It shall be unlawful for any person to export, or attempt to export,
from the United States any of the arms, ammunition, or implements of
war referred to in this Act to any other country or to import, or
attempt to import, to the United States from any other country any
of the arms, ammunition, or implements of war referred to in this
Act without first having obtained a license therefor.
All persons required to register under this section shall maintain,
subject to the inspection of the Board, such permanent records of
manufacture for export, importation, and exportation of arms,
ammunition, and implements of war as the Board shall prescribe.
Licenses shall be issued to persons who have registered as provided
for, except in cases of export or import licenses where exportation
of arms, ammunition, or implements of war would be in violation of
this Act or any other law of the United States, or of a treaty to
which the United States is a party, in which cases such licenses
shall not be issued.
The Board shall be called by the Chairman and shall hold at least
one meeting a year.
No purchase of arms, ammunition, and implements of war shall be made
on behalf of the United States by any officer, executive department,
or independent establishment of the Government from any person who
shall have failed to register under the provisions of this Act.
The Board shall make an annual report to Congress, copies of which
shall be distributed as are other reports transmitted to Congress.
Such report shall contain such information and data collected by the
Board as may be considered of value in the determination of
questions connected with the control of trade in arms, ammunition,
and implements of war. It shall include a list of all persons
required to register under the provisions of this Act, and full
information concerning the licenses issued hereunder.
The Secretary of State shall promulgate such rules and regulations
with regard to the enforcement of this section as he may deem
necessary to carry out its provisions.
The President is hereby authorized to proclaim upon recommendation
of the Board from time to time a list of articles which shall be
considered arms, ammunition, and implements of war for the purposes
of this section.
This section shall take effect on the ninetieth day after the date
of its enactment.
SEC. 3. Whenever the President shall issue the proclamation provided
for in section 1 of this Act, thereafter it shall be unlawful for
any American vessel to carry any arms, ammunition, or implements of
war to any port of the belligerent countries named in such
proclamation as being at war, or to any neutral port for
transshipment to, or for the use of, a belligerent country.
Whoever, in violation of the provisions of this section, shall take,
attempt to take, or shall authorize, hire, or solicit another to
take any such vessel carrying such cargo out of port or from the
jurisdiction of the United States shall be fined not more than
$10,000 or imprisoned not more than five years, or both; and, in
addition, such vessel, her tackle, apparel, furniture, equipment,
and the arms, ammunition, and implements of war on board shall be
forfeited to the United States.
When the President finds 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 thereupon
cease to apply.
SEC. 4. Whenever, during any war in which the United States is
neutral, the President, or any person "hereunto 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
of the United States, or its possession, men or fuel, arms,
ammunition, implements of war, or other supplies to any warship,
tender, or supply ship of a foreign belligerent nation, but the
evidence is not deemed sufficient to justify forbidding the
departure of the vessel as provided for by section 1, title V,
chapter 30, of the Act approved June 15, 1917 (40 Stat. [221[22]];
U. S. C. title 18, sec. 31), and if, in the President's judgment,
such action will serve to maintain peace between the United States
and foreign nations, or to protect the commercial interests of the
United States and its citizens, or to promote the security 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 of the United States, or any of its
possessions, for a foreign port, 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 the cargo,
or any part thereof, to any warship, tender, or supply ship of a
belligerent nation; and, if the President, or any person thereunto
authorized by him, shall find that a vessel, domestic or foreign, in
a port of the United States, or one of its possessions, has
previously cleared from such port during such war and delivered its
cargo or any part thereof to a warship, tender, or supply ship of a
belligerent nation, he may prohibit the departure of such vessel
during the duration of the war.
SEC. 5. 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,
or of its possessions, by the submarines of a foreign nation will
serve to maintain peace between the United States and foreign
nations, or to protect the commercial interests of the United States
and its citizens, or to promote the security of the United States,
and shall make proclamation thereof, it shall thereafter be unlawful
for any such submarine to enter a port or the territorial waters of
the United States or any of its possessions, or to depart therefrom,
except under such conditions and subject to such limitations as the
President may prescribe. When, 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 thereupon cease to apply.
SEC. 6. Whenever, during any war in which the United States is
neutral, the President shall find that the maintenance of peace
between the United States and foreign nations, or the protection of
the lives of citizens of the United States, or the protection of the
commercial interests of the United States and its citizens, or the
security of the United States requires that the American citizens
should refrain from traveling as passengers on the vessels of any
belligerent nation, he shall so proclaim, and thereafter no citizen
of the United States shall travel on any vessel of any belligerent
nation except at his own risk, unless in accordance with such rules
and regulations as the President shall prescribe: Provided, however,
That the provisions of this section shall not apply to a citizen
travelling on the vessel of a belligerent whose voyage was begun in
advance of the date of the President's proclamation, and who had no
opportunity to discontinue his voyage after that date: And provided
further, That they shall not apply under ninety days after the date
of the President's proclamation to a citizen returning from a
foreign country to the United States or to any of its possessions.
When, in the President's judgment, the conditions which have cause
him to issue his proclamation have ceased to exist, he shall revoke
his proclamation and the provisions of this section shall thereupon
cease to apply.
SEC. 7. In every case of the violation of any of the provisions of
this Act where a specific penalty is not herein provided, such
violator or violators, upon conviction, shall be fined not more than
$10,000 or imprisoned not more than five years, or both.
SEC. 8. If any of the provisions of this Act, or the application
thereof to any person or circumstance, is held invalid, the
remainder of the Act, and the application of such provision to other
persons or circumstances, shall not be affected thereby.
SEC. 9. The sum of $25,000 is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, to be
expended by the Secretary of State in administering this Act.
Approved, August 31, 1935.
  
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