§ 421 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 214

sections 1119a and 1119b of former Title 46, Shipping, to

functions of the Maritime Commission under sections

411, 412 and 413 to 419 of this title.

§ 421. Contracts by Government agencies for defense articles, services, etc., for foreign governments in interests of United States

The President may, from time to time, when

he deems it in the interest of national defense,

authorize the head of any department or agency

of the Government, to enter into contracts for

the procurement of defense articles, information, or services for the government of any

country whose defense the President deems vital

to the defense of the United States, to the extent that such government agrees to pay the

United States for such defense articles, information, or services prior to the receipt thereof and

to make such payments from time to time as

the President may require to protect the interests of the United States; and, upon payment of

the full cost, the President may dispose of such

articles, information, or services to such government: Provided, That the total amount of the

outstanding contracts under this section, less

the amounts which have been paid to the United

States under such contracts, shall at no time exceed $600,000,000.

(Oct. 28, 1941, ch. 460, title I, §102, 55 Stat. 746.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422 of this title.

§ 422. Retention for United States of defense articles procured for foreign governments

Any defense article procured pursuant to section 421 of this title shall be retained by or

transferred to and for the use of such department or agency of the United States as the

President may determine, in lieu of being disposed of to a foreign government, whenever in

the judgment of the President the defense of the

United States will be best served thereby.

(Oct. 28, 1941, ch. 460, title I, §103, 55 Stat. 747.)

§ 423. Omitted

CODIFICATION

Section, act June 14, 1943, ch. 122, §2, 57 Stat. 152, related to retention for defense of United States of certain articles, information or service procured for foreign governments from funds appropriated by act June

14, 1943 or prior acts appropriating funds to the President for such purposes.

SUBCHAPTER II—NEUTRALITY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 613, 2393 of

this title; title 46 App. section 1242a.

§ 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, §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.’’

CROSS REFERENCES

Proclamations respecting war and neutrality, see

notes preceding section 1 of Title 50, Appendix, War and

National Defense.