15 U.S.C. § 77 — Discrimination against neutral Americans in time of war

submitted 110 years ago by ch. 463 to r/title-15-COMMERCE-AND-TRADE · 626 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the President act against unfair treatment of American ships and citizens during a war the U.S. isn't part of. If a warring country's laws or practices treat Americans unfairly, the President can block that country's ships from leaving U.S. ports. Breaking a presidential order under this law can mean fines or prison time.

During a war that the United States is not part of, this law gives the President power to act against unfair treatment by a warring country. If the President believes a warring government's laws, regulations, or practices give unfair advantages to some traders over others, or unfairly hurt any person, company, or type of cargo in the United States -- including American citizens living in neutral countries -- the President can order the affected ships detained. This is done by refusing to let them leave port ("withholding clearance") or by formally forbidding their departure. The President can cancel, change, or renew this order at any time. If the President believes American ships or citizens are not getting the same trade privileges that a warring country gives its own ships or citizens, or the same privileges other nations get from that country, the President can refuse to let that country's ships leave U.S. ports until it restores equal treatment. Instead, the President can announce that the U.S. will refuse to give that country's ships or citizens whatever special privileges they would normally get here. The President must publicly announce which privileges are being refused and to whom, and can change, modify, revoke, or renew that announcement. After the announcement, giving those forbidden privileges to that country's ships or citizens becomes illegal. Anyone who provides, tries to provide, conspires to provide, or helps conceal the providing of such forbidden privileges can be fined between $2,000 and $50,000, or imprisoned up to two years, or both -- the court decides. If a ship detained under this law tries to leave U.S. jurisdiction without proper clearance or other lawful authority, the ship's owner, master, or the person in charge can be fined between $2,000 and $10,000, or imprisoned up to two years, or both. The ship itself can also be forfeited to the United States. The President can use U.S. land or naval forces as needed to carry out this law.

the actual law source: uscode.house.gov ↗public domain

Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that any vessel, American or foreign, is, on account of the laws, regulations, or practices of a belligerent Government, making or giving any undue or unreasonable preference or advantage in any respect whatsoever to any particular person, company, firm, or corporation, or any particular description of traffic in the United States or its possessions or to any citizens of the United States residing in neutral countries abroad, or is subjecting any particular person, company, firm, or corporation or any particular description of traffic in the United States or its possessions, or any citizens of the United States residing in neutral countries abroad to any undue or unreasonable prejudice, disadvantage, injury, or discrimination in regard to accepting, receiving, transporting, or delivering, or refusing to accept, receive, transfer, or deliver any cargo, freight, or passengers, or in any other respect whatsoever, he is authorized and empowered to direct the detention of such vessels by withholding clearance or by formal notice forbidding departure, and to revoke, modify, or renew any such direction.

Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or practices of any belligerent country or Government, American ships or American citizens are not accorded any of the facilities of commerce which the vessels or citizens of that belligerent country enjoy in the United States or its possessions, or are not accorded by such belligerent equal privileges or facilities of trade with vessels or citizens of any nationality other than that of such belligerent, the President is authorized and empowered to withhold clearance from one or more vessels of such belligerent country until such belligerent shall restore to such American vessels and American citizens reciprocal liberty of commerce and equal facilities of trade; or the President may direct that similar privileges and facilities, if any, enjoyed by vessels or citizens of such belligerent in the United States or its possessions be refused to vessels or citizens of such belligerent; and in such case he shall make proclamation of his direction, stating the facilities and privileges which shall be refused, and the belligerent to whose vessels or citizens they are to be refused, and thereafter the furnishing of such prohibited privileges and facilities to any vessel or citizen of the belligerent named in such proclamation shall be unlawful; and he may change, modify, revoke, or renew such proclamation; and any person or persons who shall furnish or attempt or conspire to furnish or be concerned in furnishing or in the concealment of furnishing facilities or privileges to ships or persons contrary to the prohibition in such proclamation shall be liable to a fine of not less than $2,000 nor more than $50,000 or to imprisonment not to exceed two years, or both, in the discretion of the court.

In case any vessel which is detained by virtue of this subchapter shall depart or attempt to depart from the jurisdiction of the United States without clearance or other lawful authority, the owner or master or person or persons having charge or command of such vessel shall be severally liable to a fine of not less than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and in addition such vessel shall be forfeited to the United States.

The President of the United States is authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this subchapter.

Source credit: (Sept. 8, 1916, ch. 463, title VIII, § 806, 39 Stat. 799.)

history & why it existsrecord from the source credit

1916Enacted · Act of Sept. 8, 1916, ch. 463 · 39 Stat. 799

A history note hasn’t been published yet. The record shows enactment by ch. 463 on 1916-09-08.

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