§ 441. — Proclamation of state of war between foreign states.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC441]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 9--FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
SUBCHAPTER II--NEUTRALITY
Sec. 441. Proclamation of state of war between foreign states
(a) Issuance of proclamation
Whenever the President, or the Congress by concurrent resolution,
shall find that there exists a state of war between foreign states, and
that it is necessary to promote the security or preserve the peace of
the United States or to protect the lives of citizens of the United
States, the President shall issue a proclamation naming the states
involved; and he shall, from time to time, by proclamation, name other
states as and when they may become involved in the war.
(b) Revocation of proclamation
Whenever the state of war which shall have caused the President to
issue any proclamation under the authority of this section shall have
ceased to exist with respect to any state named in such proclamation, he
shall revoke such proclamation with respect to such state.
(Nov. 4, 1939, ch. 2, Sec. 1, 54 Stat. 4.)
Short Title
Section 20 of Joint Res. Nov. 4, 1939, provided that: ``This joint
resolution [enacting this subchapter] may be cited as the `Neutrality
Act of 1939'.''
Repeals
Section 19 of Joint Res. Nov. 4, 1939, provided that: ``The joint
resolution of August 31, 1935, as amended [sections 245a to 245i of this
title], and the joint resolution of January 8, 1937 [ch. 1, 50 Stat. 3],
are hereby repealed; but offenses committed and penalties, forfeitures,
or liabilities incurred under either of such joint resolutions prior to
the date of enactment of this joint resolution [this subchapter] may be
prosecuted and punished, and suits and proceedings for violations of
either of such joint resolutions or of any rule or regulation issued
pursuant thereto may be commenced and prosecuted, in the same manner and
with the same effect as if such joint resolutions had not been
repealed.''
Neutrality Act of 1939 not to be deemed repealed or modified in any
manner by Joint Res. May 7, 1940, ch. 185, 54 Stat. 179, according to
section 3 thereof, which resolution amended section 5(b) of the Trading
With the Enemy Act, see sections 95a of Title 12, Banks and Banking, and
5(b) of Title 50, Appendix, War and National Defense, which resolution
approved and confirmed Ex. Ord. No. 8389, amending Ex. Ord. No. 6560,
set out in note under section 95a of said Title 12, and regulations and
general rulings issued by Secretary of Treasury under Ex. Ord. No. 8389.
Separability
Section 17 of Joint Res. Nov. 4, 1939, provided that: ``If any of
the provisions of this joint resolution [this subchapter], or the
application thereof to any person or circumstance, is held invalid, the
remainder of the joint resolution, and the application of such provision
to other persons or circumstances, shall not be affected thereby.''
Purpose of and Rights Reserved Under Subchapter
The purpose of Joint Res. Nov. 4, 1939, was expressed in the first
three paragraphs of the act as follows:
``Whereas the United States, desiring to preserve its neutrality in
wars between foreign states and desiring also to avoid involvement
therein, voluntarily imposes upon its nationals by domestic legislation
the restrictions set out in this joint resolution [this subchapter]; and
``Whereas by so doing the United States waives none of its own
rights or privileges, or those of any of its nationals, under
international law, and expressly reserves all the rights and privileges
to which it and its nationals are entitled under the law of nations; and
``Whereas the United States hereby expressly reserves the right to
repeal, change or modify this [this subchapter] or any other domestic
legislation in the interests of the peace, security or welfare of the
United States and its people.''
Section Referred to in Other Sections
This section is referred to in sections 444, 445, 447, 448, 450 of
this title.
