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FEDERAL
VOLUME 2

REGISTER

1934

O/siutO

NUMBER 86

Washington, Wednesday, M a y 5, 1937
PRESIDENT OF THE U NITED STATES.
E x p o r t o p A r m s , A m m u n i t i o n , a n d I m p l e m e n t s o p W ar t o S p a in
By the President of the United States of America A PROCLAMATION

WHEREAS section 1 of the join t resolution of Congress approved M ay 1, 1937, amending the join t resolution entitled Joint resolutionproviding fo r 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 o f war by vessels of the United States fo r the use of belligerent states; fo r the registration and licensing of persons engaged in the business of manufac turing, exporting, or im porting arms, ammunition, or imple ments of war; and restricting travel by American citizens on belligerent ships during war , approved August 31, 1935, as amended February 29, 1936, provides in part as follow s:
Whenever the President shall find that a state of civil strife exists in a foreign state and that such civil strife is of a magnitude or is being conducted under such condi tions that the export o f arms, ammunition, or implements of war from the United States to such foreign state would threaten or endanger the peace of the United States, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attem pt to export, or cause to be exported, arms, ammunition, or implements of war fr om any place in the United States to such foreign state, or to any neutral state fo r transshipment to, or fo r the use of, such foreign state.
AND W HEREAS it is further provided by section 1 of the said joint resolution that The President shall, from tim e to tim e by proclama tion, definitely enumerate the arms, ammunition, and implements o f war, the export o f which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those enumerated in the Presidents proclam ation Numbered 2163, o f A pril 10, 1936, but shall not include raw materials or any other articles or m aterials not o f the same general character as those enumerated in the said proclamation, andin the Convention fo r the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva June 17, 1925.
AND W HEREAS it is further provided by section 1 o f the said joint resolution that Whoever, in violation o f any o f the provisions o f this Act, shall export, or attem pt to export, or cause to be exported, arms, ammunition, or implements of war from the United States h a ll 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 o f sections 1 to 8, inclusive, title 6, chapter 30, of the A ct approved June 15, 1917 40 Stat.
223-225; U. S. C., 1934 ed., title 22, secs. 238-245.
AND W HEREAS it is further provided by section 1 o f the said join t resolution th a t, In the case o f the forfeitu re of any arms, ammuni tion, or implements of war by reason o f 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 W ar fo r such use or dis posal thereof as shall be approved by the President o f the United States.
AND W HEREAS it is further provided by section 11 of the said joint resolution that The President may, from tim e to time, promulgate such rules and regulations, not inconsistent w ith law, as may be necessary and proper to carry out any of the provi sions of this A ct; and he may exercise any power or authority conferred on him by this A ct through such officer or officers, or agency or agencies, as he shah direct.
NOW, THEREFORE, I, F R A N K LIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred on me by the said join t resolution, do hereby proclaim that a state of civil strife unhappily exists in Spain and that such civil strife is of a magnitude and is being conducted under such con ditions that the export o f arms, ammunition, or im ple ments of war from the United States to Spain would threaten and endanger the peace of the United States, and I do hereby admonish all citizens of the United States, or any o f its possessions, and all persons residing or being within the territory or jurisdiction of the United States, or its possessions, to abstain from every violation of the pro visions o f the join t resolution above set forth, hereby made effective and applicable to the export of arms, ammunition, or implements of war from any place in the United States to Spain or to any other state fo r transshipment to, or fo r the use of, Spain.
And: I do hereby declare and proclaim that the articles listed below shall be considered arms, ammunition, and im
plements of war fo r the purposes o f section 1 of the said join t resolution o f Congress:
Category I
1 Rifles and carbines using ammunition in excess of caliber .22, and barrels fo r those weapons;
2 Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber .22, and barrels fo r those weapons;
3 Guns, howitzers, and mortars o f a ll calibers, their mountings and barrels;
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