811.04418/49
Memorandum by the Legal Adviser (Hackworth)18
Proposed Legislation Designed to Preserve the Neutrality of the United States
1. Embargo on Arms and Munitions of War
Whenever, at the outbreak of, or during any war, in which the United States is neutral, the President shall find that the public interest requires that restrictions be placed on the shipment of arms or munitions of war from the United States, or any of its possessions, and shall make proclamation thereof, it shall thereafter be unlawful to export, or to sell for export, except under such limitations and exceptions as the President may from time to time prescribe, any arms or other articles designated by the President as munitions of war from any place in the United States, or its possessions, to such country or countries as he may designate, until otherwise ordered by the President:
Provided, however, that any prohibition of export, or of sale for export, shall apply equally to all belligerents; and,
Provided, further, that exports of arms and munitions of war to any neutral country designated in the President’s proclamation may be permitted during any year to the extent of the average amount per annum, in quantity and kind, of exports from the United States, and its possessions, to that country during the five years immediately preceding the beginning of the war.
Whoever, in violation of any of the provisions of this Section shall export, or attempt to export, or cause to be exported, or sell for export, arms or munitions 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 [Page 326] the same shall be subject to the provisions of Sections 1 to 8, inclusive, Title VI, Chapter 30 of the Act approved June 15, 1917, 40 Stat, 223–225, (Title 22, Sections 238–245, inclusive, U. S. C.).
2. American Vessels Prohibited from Carrying Arms and Munitions of War
Whenever, during any war in which the United States is neutral, the President shall find that the public interest requires that restrictions be placed on the carriage by American vessels of cargoes of arms or other articles designated by him as munitions of war to, or for the use of, countries engaged in such war, and shall make proclamation thereof, it shall thereafter, except as may be otherwise ordered by the President, be unlawful for any vessel of the United States to carry such cargoes from any port of the United States, or its possessions, to any port of a belligerent country, or to any neutral port for transshipment to or for the use of a belligerent country. Whenever there is reasonable cause to believe that any vessel is about to carry arms or munitions of war out of a port of the United States, or one of its possessions, in violation of this Section, the Collector of Customs for the district in which such vessel is located shall withhold clearance from such vessel, if it is required by law to secure clearance before departing from port or from the jurisdiction of the United States, or by formal notice served upon the owner, master, or person in command or charge of any vessel for which clearance is not required by law, forbid the departure of the vessel from port or from the jurisdiction of the United States.
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 and munitions of war on board thereof shall be forfeited to the United States.
3. Use of American ports as base of supplies
Whenever, during any war in which the United States is neutral, the President, or any person thereunto 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 possessions, fuel, arms, ammunition, men, 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 (Title 18, Section 31, U. S. C.), he may require the owner, master, or person in command [Page 327] 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 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 a 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 pendency of the war.
4. Use of American flag on vessels of belligerent nations
Whenever, during any war in which the United States is neutral, the President shall find that vessels of a belligerent nation, whether with or without the permission of the government of such belligerent nation, are using or have used, contrary to the public interest, the flag of the United States, or any artifice or device, designed to indicate that such vessels are American vessels, and shall make proclamation thereof, it shall be unlawful for any vessel of such nation to enter a port of the United States, or any of its possessions, after the effective date of the proclamation, and it shall be the duty of the several Collectors of Customs to refuse clearance to any such vessel entering a port of the United States, or any of its possessions, after the date specified in the proclamation as the effective date thereof. If at any time after the issue of his proclamation, the President shall receive satisfactory assurance from the government of such nation that use on its vessels of the flag of the United States, or other artifice or device herein referred to, has been discontinued and will thereafter be prohibited, he may revoke his proclamation, and the provisions of this Section shall thereupon cease to apply.
5. Submarines prohibited from entering American waters
Whenever, during any period of national emergency, arising from a war or threat of war in which the United States is neutral, the President shall find that the public interest, or the neutrality of the United States requires that special restrictions be placed on the use of the ports and territorial waters of the United States, or its possessions, by submarines of a foreign nation, and shall make proclamation thereof, it shall thereafter, until otherwise ordered by the President, 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.
[Page 328]6. Travel by American citizens on belligerent vessels
Whenever, during any war in which the United States is neutral, the President shall find that the public interest requires that American nationals should refrain from traveling as passengers on armed vessels of a belligerent nation, whether such vessels be armed for offensive or defensive purposes, or on any vessel of a belligerent nation carrying any cargo of arms or munitions of war, and shall make proclamation thereof, any American national who thereafter travels on such a vessel shall do so at his own risk. The Secretary of State shall make such regulations concerning the issue and use of passports as may be necessary to restrict or prevent such travel conformably to this Section and to any proclamation issued hereunder. The use of a passport contrary to such proclamation or regulations shall be sufficient cause for the cancellation of the passport.
7. Enforcement of Sections 1 to 5, inclusive
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 1 to 5, inclusive.
[The form that this paragraph should take will depend upon the final form that the legislation takes, i. e., whether as an amendment of existing legislation or as independent legislation.]19