§450 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

During a war while the United States stays neutral, the President can make a ship owner or captain post a bond before the ship leaves a U.S. port if he thinks the ship might carry men, fuel, weapons, supplies, messages, or information to a warship, tender, or supply ship of a country named in a presidential proclamation, but the proof is not strong enough to legally stop the ship. The bond promises the ship will not deliver any of those things to that warship, and the President picks the amount and requires sureties. If the President finds a ship in a U.S. port already left and did deliver such items during the war, he may forbid that ship from leaving for the rest of the war. While the proclamation is in effect, he may also require a bond to guarantee that any foreign seaman who arrived on the ship will not stay longer than immigration rules allow, and he can make rules to make sure those seamen leave, at the shipowner’s expense if needed.

Title 22, §450

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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.

(c)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 11 See References in Text note below. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 168 of title 8, referred to in subsec. (c), was repealed by act

June 27, 1952, ch. 477, § 403(a)(13), 66 Stat. 279. See section 1286 of Title 8, Aliens and Nationality. Codification In subsec. (a), “section 967 of title 18” substituted for “section 1, title V, chapter 30, of the Act approved

June 15, 1917 (40 Stat. 217, 221; U.S.C., 1934 edition, title 18, sec. 31)” on authority of act

June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted Title 18, Crimes and Criminal Procedure.

Executive Documents

Delegation of Functions For delegation to Secretary of Homeland Security of authority vested in President by subsecs. (a) and (b) of this section, see section 1(n) and 1(o) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.

§450 Restrictions on use of American ports