Page 217 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 454

1See References in Text note below.

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.

(Nov. 4, 1939, ch. 2, §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 (c), was repealed by act June 27, 1952, ch. 477, §403(a)(13), 66 Stat.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 the Treasury 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, set out as a note under

section 301 of Title 3, The President.

§ 451. Submarines and armed merchant vessels

Whenever, during any war in which the United

States is neutral, the President shall find that

special restrictions placed on the use of the

ports and territorial waters of the United States

by the submarines or armed merchant vessels of

a foreign state 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 of the United States, and shall make proclamation thereof, it shall thereafter be unlawful

for any such submarine or armed merchant vessel to enter a port or the territorial waters of

the United States or to depart therefrom, except

under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have

caused him to issue his proclamation have

ceased to exist, he shall revoke his proclamation

and the provisions of this section shall thereupon cease to apply, except as to offenses committed prior to such revocation.

(Nov. 4, 1939, ch. 2, §11, 54 Stat. 9.)

USE OF UNITED STATES PORTS AND TERRITORIAL

WATERS BY SUBMARINES OF FOREIGN NATIONS

By Proc. Nos. 2375, Nov. 4, 1939, 4 F.R. 4494, 54 Stat.

2672; 2400, Apr. 25, 1940, 5 F.R. 1570, 54 Stat. 2699; 2406,

May 11, 1940, 5 F.R. 1690, 54 Stat. 2705; 2409, June 10, 1940,

5 F.R. 2192, 54 Stat. 2707; 2445, Nov. 15, 1940, 5 F.R. 4524,

54 Stat. 2672, submarines of France, Germany, Poland,

United Kingdom, India, Australia, Canada, New Zealand, Union of South Africa, Norway, Belgium, the

Netherlands, Italy, and Greece were denied use of

United States ports and territorial waters.

§ 452. Repealed. Aug. 26, 1954, ch. 937, title V,

§ 542(a)(12), 68 Stat. 861

Section, acts Nov. 4, 1939, ch. 2, §12, 54 Stat. 10; Jan.

26, 1942, ch. 19, 56 Stat. 19, established the National Munitions Control Board. See former section 1934 and section 2778 of this title.

Subsec. (h) was subsequently repealed by act Aug. 30,

1954, ch. 1076, §1(28), 68 Stat. 968.

§ 453. Regulations

The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper

to carry out any of the provisions of this subchapter; and he may exercise any power or authority conferred on him by this subchapter

through such officer or officers, or agency or

agencies, as he shall direct.

(Nov. 4, 1939, ch. 2, §13, 54 Stat. 11.)

DELEGATION OF POWERS

Power to make rules and regulations under this subchapter delegated to Secretary of State by Proc. No.

2374, promulgated Nov. 4, 1939, 4 F.R. 4493, 54 Stat. 2671.

See proclamations preceding section 1 of Title 50, Appendix, War and National Defense.

§ 454. Unlawful use of the American flag by vessel of foreign state

(a) It shall be unlawful for any vessel belonging to or operating under the jurisdiction of any

foreign state to use the flag of the United States

thereon, or to make use of any distinctive signs

or markings, indicating that the same is an

American vessel.

(b) Any vessel violating the provisions of subsection (a) of this section shall be denied for a