22 U.S.C. § 450 — Restrictions on use of American ports

submitted 87 years ago by ch. 2 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 520 words · no verdicts yet

in plain englishAI-generated · not legal advice

During a war where the U.S. is neutral, the President can require ship owners to post bonds so they won't deliver war supplies to a named warring state. Ships that already delivered supplies can be barred from leaving again. The President can also require bonds on foreign crew members' departures.

(a) Bond to insure non-delivery of men, ammunition, fuel, etc. -- During a war where the United States stays neutral, the President -- or someone the President authorizes -- might have reason to believe that a vessel, American or foreign, is about to carry out of a U.S. port or U.S. jurisdiction fuel, men, arms, ammunition, war equipment, supplies, dispatches, or information, to a warship, tender, or supply ship of a state named in a proclamation under section 441(a) of this title. If the evidence isn't strong enough to justify forbidding the vessel's departure under section 967 of title 18, and the President judges that requiring a bond will help maintain peace between the United States and foreign states, protect the commercial interests of the United States and its citizens, or promote U.S. security or neutrality, then the President has the power, and the duty, to require the vessel's owner, master, or commanding officer -- before it departs -- to give a bond to the United States, with sufficient sureties, in an amount the President sets. The bond's condition is that the vessel won't deliver the men, fuel, supplies, dispatches, information, or any part of its cargo to a warship, tender, or supply ship of the named state. (b) Departure prohibited -- If the President, or an authorized person, finds that a vessel now in a U.S. port previously departed a U.S. port or U.S. jurisdiction during the war and delivered men, fuel, supplies, dispatches, information, or cargo to a warship, tender, or supply ship of a named state, the President may prohibit that vessel from departing again for the rest of the war. (c) Alien seaman; bond -- Whenever the President has issued a proclamation under section 441(a) of this title, while it's in effect, the President may require the owner, master, or commanding officer of any vessel -- foreign or domestic -- before it departs the United States, to give a bond to the United States, with sufficient sureties, in an amount the President sets. The bond's condition is that no alien seaman who arrived on that vessel will remain in the United States longer than the regulations under section 168 of title 8 permit, as those regulations are amended from time to time. Despite what section 168 of title 8 says, the President may issue whatever regulations on the landing of these seamen are necessary to ensure their departure -- either on the same vessel or another one, at the expense of the owner, master, or commanding officer.

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

(a) Bond to insure non-delivery of men, ammunition, fuel, etc.

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 or from the jurisdiction of the United States, fuel, men, arms, ammunition, implements of war, supplies, dispatches, or information to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 967 of title 18, and if, in the President’s judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power, and it shall be his duty, to require the owner, master, or person in command thereof, before departing from a port or from the jurisdiction of the United States, 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 men, or any fuel, supplies, dispatches, information, or any part of the cargo, to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title.

(b) Departure prohibited

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, has previously departed from a port or from the jurisdiction of the United States during such war and delivered men, fuel, supplies, dispatches, information, or any part of its cargo to a warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 441(a) of this title, he may prohibit the departure of such vessel during the duration of the war.

Whenever the President shall have issued a proclamation under section 441(a) of this title he may, while such proclamation is in effect, require the owner, master, or person in command of any vessel, foreign or domestic, before departing from the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that no alien seaman who arrived on such vessel shall remain in the United States for a longer period than that permitted under the regulations, as amended from time to time, issued pursuant to section 168 1 of title 8. Notwithstanding the provisions of said section 168 1 of title 8, the President may issue such regulations with respect to the landing of such seamen as he deems necessary to insure their departure either on such vessel or another vessel at the expense of such owner, master, or person in command.

Source credit: (Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.)

history & why it existsrecord from the source credit

1939Enacted · Act of Nov. 4, 1939, ch. 2 · 54 Stat. 9

A history note hasn’t been published yet. The record shows enactment by ch. 2 on 1939-11-04.

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