§ 450. — Restrictions on use of American ports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC450]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 9--FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
SUBCHAPTER II--NEUTRALITY
Sec. 450. Restrictions on use of American ports
(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 \1\ of title 8. Notwithstanding the
provisions of said section 168 \1\ 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.
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\1\ See References in Text note below.
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(Nov. 4, 1939, ch. 2, Sec. 10, 54 Stat. 9.)
References in Text
Section 168 of title 8, referred to in subsec. (c), was repealed by
act June 27, 1952, ch. 477, Sec. 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.
Delegation of Functions
For delegation to Secretary of Homeland Security of authority vested
in President by subsecs. (a) and (b) of this section, see sections 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.
