18 U.S.C. § 967: Departure of vessel forbidden…

Summary

When the U.S. is neutral in a war, the President or someone he authorizes can stop any ship, U.S. or foreign, from leaving or entering. They can also order a U.S. ship to stay in port if they reasonably believe it will carry fuel, weapons or ammunition, people, supplies, messages, or information to a foreign warship or supply ship. If someone breaks this rule and tries to take such a ship out, they can be fined, go to prison for up to ten years, or both. The ship, its equipment, and its cargo can be seized by the United States.

Title 18, §967

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 withhold clearance from or to any vessel, domestic or foreign, or, by service of formal notice upon the owner, master, or person in command or in charge of any domestic vessel not required to secure clearances, may forbid its departure from port or from the United States, whenever there is reasonable cause to believe that such vessel is about to carry fuel, arms, ammunition, men, supplies, dispatches, or information to any warship, tender, or supply ship of a foreign belligerent nation in violation of the laws, treaties, or obligations of the United States under the law of nations. It shall thereupon be unlawful for such vessel to depart.

(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., §§ 31, 36 (June 15, 1917, ch. 30, title V, §§ 1, 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., with minor changes in translations and phraseology. 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(m) 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.

§967 Departure of Vessel Forbidden in Aid of Neutrality