Federal Register - September 8, 1939
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Source: Federal Register
3838
FEDERAL REGISTER, Friday, September 8, 1939
case, there shall be filed in connection with the entry or withdrawal a declara tion of the commissioner or other repre sentative of the foreign government sponsoring the exhibition at which the literature is to be distributed, in the following form:
enumerated in the proclamation to pre sent convincing evidence that they are not destined to France; Germany;
Poland; or the United Kingdom, India, Australia and New Zealand and may re fuse to issue an export license for the same until such convincing evidence has I hereby declare that t h e _____ case or been presented to him.
Section 6 of the joint resolution of c a s e s _____ m ark ed ____________ imported ex carrier___________ _____ o n _____ con Congress approved May 1, 1937, reads as signed t o ___________ covered by San Fran follows:
cisco consumption entry or withdrawal No.
_____ , contain s tourist literature which is classifiable under section 4 of Public No.
60 of the 76th Congress, as amended by Public No. 296. This literature is imported for gratuitous distribution within the ex hibit of t h e ___________ Government at the Golden Gate International Exposition.
By -------------------------Name and Title
S ec . 6. a Whenever the President shall have issued a proclamation under the au thority of section 1 of this Act, it shaU
thereafter be unlawful, until such proclama tion is revoked, for any American vessel to carry any arms, ammunition, or implements of war to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state Government wherein civil strife exists.
b Whoever, in violation of the provisions Paragraph 5 of 1939 T.D. 49884
of this section, shall take, or attempt to take, is supplemented accordingly.
or shall authorize, hire, or solicit another to seal S tephen B. G ibbons , take, any American vessel carrying such cargo out of port or from the jurisdiction of the Acting Secretary of the Treasury.
United States shall be fined not more than F. R. Doc. 39-3273; Filed, September 7, 1939; $ 10,000, or imprisoned not more than five years, or both; and, in addition, such vessel, 11:06 a. m.
and her tackle, apparel, furniture, and equip ment, and the arms, ammunition, and im plements of war on board, shall be forfeited to the United States.
TITLE 22FOREIGN RELATIONS
DEPARTMENT OF STATE
S upplement to the P amphlet, I nter
national T raffic in A rmsL aws and R egulations Administered by the S ec retary of S tate G overning the I nter
national T raffic in Arms , A m m uni
tion , and I mplements of W ar and O ther M unitions of W ar PART IX SPECIAL PROVISIONS IN, REGARD TO
EXPORTATION TO FRANCE; GERMANY; PO
LAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA AND NEW ZEALAND
ing the joint resolution approved August 31, 1935, provides as follows:
Whenever the President shall have issued a proclamation under the authority of sec tion 1 of this Act it shall thereafter be Tinlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, except in ac cordance with such rules and regulations as the President shall prescribe: Provided, however, That the provisions of this section shaU not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the date of the Presi dents proclamation, and who had no op portunity to discontinue his voyage after that date: A nd provided fu rth er, That they shall not apply under ninety days after the date of the Presidents proclamation to a citizen of the United States returning from a foreign state to the United States. When ever, in the Presidents Judgment, the con ditions which have caused him to issue his proclamation have ceased to.exist, he shaU
revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.
Section 12 of the said joint resolution provides as follows:
In every case of the violation of any of the provisions of this Act or of any rule or regu lation issued pursuant thereto where a spe cific penalty is not herein provided, such violator or violators, upon conviction, shall Section 10 of the same joint resolu be fined not more than $10,000, or imprisoned not more than five years, or both.
tion reads as follows:
Section 11 of the said joint resolution S ec . 10. Whenever the President shall have issued a proclamation under the au provides as follows:
thority of section 1 , it shall thereafter be The President may, from time to time, unlawful, until such proclamation is re voked, for any American vessel engaged in promulgate such rules and regulations, not inconsistent with law, as may be necessary commerce with any belligerent state, or any state wherein civil strife exists, named in and proper to carry out any of the provisions such proclamation, to be armed or to carry of this Act; and he may exercise any power any armament, arms, ammunition, or im or authority conferred on him by this Act plements of war, except small arms and am through such officer on officers, or agency or munition therefor which the President may agencies, as he shall direct.
deem necessary and shall publicly designate The Presidents proclamation of Sep for the preservation of discipline aboard such vessels.
tember 5, 1939, issued pursuant to the
Under the provisions of this section and by virtue of the power delegated to the Secretary of State by this proclama tion of September 5, 1939, to promulgate such rules and regulations not incon sistent with law as may be necessary to carry out any of the provisions of the joint resolution of Congress approved May 1, 1937, the Secretary of State an nounces that American vessels engaged in commerce with France; Germany;
Poland; or the United Kingdom, India, Australia and New Zealand may carry such small arms and ammunition as the masters of these vessels may deem indis pensable for the preservation of disci pline aboard the vessels.
S eptember 5, 1939.
The Presidents proclamation of Sep tember 5, 1939, issued pursuant to section 1 of the joint resolution of Congress ap proved May 1, 1937, reads as follows:
Here follows, in the original docu ment, the text of Proclamation No. 2349
which appears at Page 3819 of the Fed eral Register for Thursday, September 7, 1939.
No export licenses will be issued for shipments destined to France; Germany;
Poland, or the United Kingdom, India, Australia and New Zealand of any of the arms, ammunition, or implements of war enumerated in the Presidents proclama seal
C ordell H ull , tion of September 5, 1939.
Secretary of State.
By virtue of the power delegated to Filed, September 7, 1939;
the Secretary of State by this proclama F. R. Doc. 39-3288;
1:37 p. da.
tion of September 5, 1939, to promul gate such rules and regulations not in consistent with law as may be necessary R egulations U nder S ection 9 of the to carry out any of the provisions of the J oint R esolution of C ongress Ap
joint resolution of Congress approved proved M ay 1, 1937
May 1, 1937, as made effective by this S eptember 5, 1939.
proclamation, the Secretary of State may require exporters of any of the Section 9 of the joint resolution of arms, ammunition, or implements of war Congress approved May 1, 1937, amend
provisions of section 1 of the above-men tioned joint resolution, provides in part as follows:
And I do hereby delegate to the Secre tary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effec tive by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsist ent with law as may be necessary and proper to carry out any of its provisions.
In pursuance of those provisions of the law and of the Presidents procla mation of September 5, 1939, which are quoted above, the Secretary of State an nounces the following regulations:
American diplomatic and consular of ficers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia and New Zealand if the public service requires.
Other American citizens may travel on vessels of France; Germany; Poland; or