Regulations Governing the Exportation of Articles and Materials Designated in the President’s Proclamation of July 2, 1940, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 194011b
Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled “An Act to expedite the strengthening of the national defense”, I hereby prescribe the following regulations to govern the exportation of:
Arms, ammunition, and implements of war as defined in my proclamation No. 2237 of May 1, 1937.
The following basic materials and products containing the same:
[Here follow lists printed on pages 211–212.]
1. As used in my proclamation issued on July 2, 1940 pursuant to the provisions of Section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the following terms shall be construed as defined herein:
- a.
- Aluminum.—Metallic aluminum and alloys, crude, semifabricated and scrap, containing in excess of 10% aluminum.
- b.
- Antimony.—Antimony ores, concentrates, metal, alloys in crude and semifabricated form, and antimony compounds.
- c.
- Asbestos.—Asbestos crude and semifabricated, if chiefly of fibers of three quarters of an inch or more in length.
- d.
- Chromium.—Chromite, metallic chromium, chromium bearing alloys containing in excess of 10% chromium, chromite refractories, and chromium compounds.
- e.
- Flax.—Flax and cloth containing flax, except when manufactured into wearing apparel or household goods.
- f.
- Graphite.—Flake graphite and graphite crucibles, retorts and stoppers.
- g.
- Hides.—Cattle and horse.
- h.
- Manganese.—Manganese ores or concentrates containing 45% or more of metallic manganese, and alloys containing in excess of 10% metallic manganese.
- i.
- Magnesium.—Metallic magnesium and alloys, crude, semifabricated, and scrap, containing in excess of 10% magnesium.
- j.
- Mercury.—Mercury ores and concentrates and metallic mercury.
- k.
- Mica.—Mica blocks, sheets and splitting, and semifabricated forms produced therefrom.
- l.
- Molybdenum.—Molybdenum ores, concentrates, metal, alloys containing in excess of 10% molybdenum and molybdenum compounds.
- m.
- Platinum.—Platinum group metals and alloys.
- n.
- Quartz Crystals.—Piezo electric and optical.
- o.
- Quinine.—Quinine barks, cinchona or others from which quinine may be extracted, and quinine sulfate.
- p.
- Rubber.—All forms and types of crude rubber, reclaimed rubber, and scrap rubber containing in excess of 5% rubber.
- q.
- Silk.—Raw silk and waste silk.
- r.
- Tin.—Tin metal, alloys containing in excess of 5% tin in crude and semifabricated form; tin plate scrap and other scrap materials plated with metal containing tin; and other tin or tin alloy scrap and wastes.
- s.
- Toluol.—Toluol and light oil resulting from the distillation of coal tar.
- t.
- Tungsten.—Tungsten ores and concentrates, metal, alloys containing in excess of 5% tungsten and tungsten compounds.
- u.
- Vanadium.—Vanadium ores and concentrates; alloys containing in excess of 10% vanadium, and vanadium compounds.
- v.
- Wool.—Wool in the grease, or washed, wool scoured on the skin, or when pulled or sheared.
Except as otherwise indicated the terms used in these regulations shall not include completely fabricated articles or materials which are ready for ultimate consumption.
2. None of the articles or materials listed above shall be exported unless a license authorizing such export has been issued by the Secretary of State. Blank forms of application for export licenses similar to those printed below will be furnished by the Secretary of State upon request:
[Here follow forms to be used, etc.; for full text, see the Federal Register of July 4, 1940 (vol. 5, No. 130), pp. 2469–2471.]
3. The Secretary of State will issue export licenses to authorize proposed shipments of the said articles and materials to applicants who have duly filled out the appropriate form when I have determined that the proposed exportation would not be detrimental to the interests of the national defense.
[Page 215]4. Regulations contained in the pamphlet International Traffic in Arms—Laws and Regulations Administered by the Secretary of State Governing the International Traffic in Arms, Ammunition, and Implements of War and Other Munitions of War, seventh edition, will continue to govern the exportation of arms, ammunition, and implements of war and tin-plate scrap except that export licenses will not be issued when in any case I shall have determined that the proposed shipment would be contrary to the interests of the national defense.
5. The shipper’s export declarations must contain the same information in regard to the nature and value of the articles and materials to be exported as that which appears in the application for license.
6. Export licenses are not transferable and are subject to revocation without notice. If not revoked, licenses are valid for one year from the date of issuance.
7. No alterations may be made except by the Department of State or by collectors of customs or postmasters acting under the specific instructions of the Department of State in export licenses which have been issued under the seal of the Secretary of State.
8. Export licenses which have been revoked or which have expired must be returned immediately to the Secretary of State.
9. The country designated on the application for license as the country of destination shall in each case be the country of ultimate destination. If the goods to be exported are consigned to one country with the intention that they be transshipped thence to another country, the latter country shall be named as the country of destination.
10. Applications for license shall contain adequate descriptions of the articles and materials to be exported, including type and model descriptions if applicable. If an application is submitted in which the articles to be exported are inadequately described, it will be returned to the applicant for completion in this respect.
11. The original license must be presented, prior to exportation, to the collector of customs at the port through which the shipment authorized to be exported is being made. If shipment is made by parcel post, the license must be presented to the postmaster at the post office at which the parcel is mailed.
12. Articles and materials entering or leaving a port of the United States in transit through the territory of the United States to a foreign country will not be considered as imported or exported for the purposes of these regulations.
- Reprinted from Federal Register, July 4, 1940 (vol. 5, No. 130), p. 2469.↩