22 U.S.C. § 450: Restrictions on use of…

Summary

When the United States is neutral in a war, the President can make a ship’s owner, captain, or person in charge post a bond before the ship leaves a U.S. port if he has reason to think the ship is about to carry people, fuel, weapons, war tools, supplies, messages, or information to a warship, tender, or supply ship of a country named in a proclamation under section 441(a). He may do this when the proof is not enough to stop the ship under section 967 of title 18. The bond must have enough sureties and be for the amount the President sets. If a ship already left and made such deliveries during that war, the President may bar it from leaving again for the rest of the war. When a proclamation under section 441(a) is in effect, the President may also require a bond to make sure any foreign seaman who came on the ship does not stay in the United States longer than allowed under the rules under section 168 of title 8. The President may make rules about landing those seamen to ensure they leave on that ship or another ship at the owner’s expense.

Title 22, §450

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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.

(c)Alien seaman; bond

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 of title 8. Notwithstanding the provisions of said section 168 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