§ 401. — Illegal exportation of war materials.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC401]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 9--FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
SUBCHAPTER I--WAR MATERIALS
Sec. 401. Illegal exportation of war materials
(a) Seizure and forfeiture of materials and carriers
Whenever an attempt is made to export or ship from or take out of
the United States any arms or munitions of war or other articles in
violation of law, or whenever it is known or there shall be probable
cause to believe that any arms or munitions of war or other articles are
intended to be or are being or have been exported or removed from the
United States in violation of law, the Secretary of the Treasury, or any
person duly authorized for the purpose by the President, may seize and
detain such arms or munitions of war or other articles and may seize and
detain any vessel, vehicle, or aircraft containing the same or which has
been or is being used in exporting or attempting to export such arms or
munitions of war or other articles. The Secretary of Commerce may seize
and detain any commodity (other than arms or munitions of war) or
technology which is intended to be or is being exported in violation of
laws governing such exports and may seize and detain any vessel,
vehicle, or aircraft containing the same or which has been used or is
being used in exporting or attempting to export such articles. All arms
or munitions of war and other articles, vessels, vehicles, and aircraft
seized pursuant to this subsection shall be forfeited.
(b) Applicability of laws relating to seizure, forfeiture, and
condemnation
All provisions of law relating to seizure, summary and judicial
forfeiture and condemnation for violation of the customs laws, the
disposition of the property forfeited or condemned or the proceeds from
the sale thereof; the remission or mitigation of such forfeitures; and
the compromise of claims and the award of compensation to informers in
respect of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the provisions of this
section, insofar as applicable and not inconsistent with the provisions
hereof. However, with respect to seizures and forfeitures of property
under this section by the Secretary of Commerce, such duties as are
imposed upon the customs officer or any other person with respect to the
seizure and forfeiture of property under the customs law may be
performed by such officers as are designated by the Secretary of
Commerce or, upon the request of the Secretary of Commerce, by any other
agency that has authority to manage and dispose of seized property.
Awards of compensation to informers under this section may be paid only
out of funds specifically appropriated therefor.
(c) Disposition of forfeited materials
Arms and munitions of war forfeited under subsection (b) of this
section shall be delivered to the Secretary of Defense for such use or
disposition as he may deem in the public interest, or, in the event that
the Secretary of Defense refuses to accept such arms and munitions of
war, they shall be sold or otherwise disposed of as prescribed under
existing law in the case of forfeitures for violation of the customs
laws.
(June 15, 1917, ch. 30, title VI, Sec. 1, 40 Stat. 223; June 17, 1930,
ch. 497, title IV, Sec. 523, 46 Stat. 740; Aug. 13, 1953, ch. 434,
Sec. 1, 67 Stat. 577; Pub. L. 105-119, title II, Sec. 211(a), Nov. 26,
1997, 111 Stat. 2487.)
References in Text
The customs laws, referred to in subsecs. (b) and (c), are
classified generally to Title 19, Customs Duties.
Amendments
1997--Subsec. (a). Pub. L. 105-119, which directed the amendment of
section 401 of title 22, United States Code, by inserting ``The
Secretary of Commerce may seize and detain any commodity (other than
arms or munitions of war) or technology which is intended to be or is
being exported in violation of laws governing such exports and may seize
and detain any vessel, vehicle, or aircraft containing the same or which
has been used or is being used in exporting or attempting to export such
articles.'' after first sentence in subsec. (a), was executed by making
the insertion in section 1(a) of act June 15, 1917, ch. 30, which is
classified to this section, to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 105-119, which directed the amendment of
section 401 of title 22, United States Code, by inserting ``However,
with respect to seizures and forfeitures of property under this section
by the Secretary of Commerce, such duties as are imposed upon the
customs officer or any other person with respect to the seizure and
forfeiture of property under the customs law may be performed by such
officers as are designated by the Secretary of Commerce or, upon the
request of the Secretary of Commerce, by any other agency that has
authority to manage and dispose of seized property.'' after ``and not
inconsistent with the provisions hereof.'' in subsec. (b), was executed
by making the insertion in section 1(b) of act June 15, 1917, ch. 30,
which is classified to this section, to reflect the probable intent of
Congress.
1953--Act Aug. 13, 1953, provided not only seizure and forfeiture of
articles or merchandise which are being, or are intended to be illegally
exported, and the vehicle, vessel, or aircraft in which exportation is
intended to accomplish, but also for the seizure and forfeiture of
articles or merchandise actually illegally exported out, the carrier
used to effectuate the exportation, provided for applicability of laws
relating to seizure, summary and judicial forfeiture and condemnation,
and provided for the disposition of seized materials.
1930--Act June 17, 1930, substituted ``comptrollers of customs'' for
``Naval officers of customs''.
Ex. Ord. No. 10863. Authorization of Attorney General To Seize Arms and
Munitions of War, and Other Articles
Ex. Ord. No. 10863, Feb. 18, 1960, 25 F.R. 1507, provided:
By virtue of the authority vested in me by section 1 of Title VI of
the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the
act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), it is ordered as
follows:
Section 1. The Attorney General is hereby designated under section 1
of Title VI of the act of June 15, 1917, as amended by section 1 of the
act of August 13, 1953 [this section], as a person duly authorized to
seize and detain arms or munitions of war or other articles, and to
seize and detain any vessel, vehicle, or aircraft containing such items
or which has been, or is being, used in exporting or attempting to
export such arms or munitions of war or other articles, whenever an
attempt is made to export or ship from or take out of the United States
such arms or munitions of war or other articles in violation of law, or
whenever it is known, or there is probable cause to believe, that such
arms or munitions of war or other articles are intended to be, or are
being or have been, exported or removed from the United States in
violation of law.
Sec. 2. The authority conferred upon the Attorney General by section
1 of this order may be exercised by any officer of the Department of
Justice designated for such purpose by the Attorney General.
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in sections 408, 408a of this title;
title 18 section 983; title 50 App. section 2410.
