18 U.S.C. § 963: Detention of armed vessel

Summary

During a war in which the United States is neutral, the President or someone he authorizes may hold an armed ship owned wholly or partly by U.S. citizens, or any non‑public ship that is clearly built or changed for fighting. The owner or captain must convince the President that the ship will not be used to attack people or property of any foreign country, colony, district, or people with whom the U.S. is at peace, and that it will not be sold or handed over to a nation at war or its agents in U.S. jurisdiction or on the high seas. Anyone who, in violation of this rule, takes or tries to take such a ship out of port or out of the United States can be fined under federal law, jailed for up to ten years, or both. The ship, its gear and equipment, and its cargo will be seized by the United States.

Title 18, §963

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)During a war in which the United States is a neutral nation, the President, or any person authorized by him, may detain any armed vessel owned wholly or in part by citizens of the United States, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, until the owner or master, or person having charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any belligerent nation, or to an agent, officer, or citizen of such nation, by them or any of them, within the jurisdiction of the United States, or upon the high seas.

(b)Whoever, in violation of this section takes, or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be fined under this title or imprisoned not more than ten years, or both. In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 32, 36 (June 15, 1917, ch. 30, title V, §§ 2, 6, 40 Stat. 221, 222; Mar. 28, 1940, ch. 72, § 5, 54 Stat. 79). Section consolidates said sections of title 18, U.S.C., 1940 ed. Words “within the United States” were substituted for “within the jurisdiction” etc., in view of the definition of United States in section 5 of this title. Mandatory punishment provision was rephrased in the alternative. The conspiracy provision of said section 36 was omitted as covered by section 371 of this title. See reviser’s note under that section. Changes in phraseology were also made.

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

Executive Documents

Delegation of Functions For delegation to Secretary of Homeland Security of authority vested in President by this section, see section 1(l) 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.

§963 Detention of Armed Vessel