Page 211 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 401

(May 7, 1926, ch. 250, §11, as added Pub. L. 98–164,

title I, §136, Nov. 22, 1983, 97 Stat. 1029.)

REFERENCES IN TEXT

Title II of the State Department Basic Authorities

Act of 1956, referred to in subsec. (c), is title II of act

Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L.

97–241, title II, §202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to

chapter 53 (§4301 et seq.) of this title. Section 202(a)(4)

of title II was redesignated section 202(a)(3), and former

section 202(a)(5) was redesignated section 202(a)(4), by

Pub. L. 103–236, title I, §162(o)(1), Apr. 30, 1994, 108 Stat.

409. For complete classification of title II to the Code,

see Short Title note set out under section 4301 of this

title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4852 of this title.

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.

(b) Applicability of laws relating to seizure, forfeiture, and condemnation.

(c) Disposition of forfeited materials.

402 to 405. Repealed.

406. Interference with foreign trade.

407. Repealed.

408. Use of land and naval forces to prevent exportation.

408a. ‘‘United States’’ defined.

409 to 420. Repealed or Omitted.

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

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

423. Omitted.

SUBCHAPTER II—NEUTRALITY

441. Proclamation of state of war between foreign

states.

(a) Issuance of proclamation.

(b) Revocation of proclamation.

442, 443. Repealed.

444. American Red Cross vessels.

(a) Transport of officers, American Red

Cross personnel, medical personnel,

medical supplies, food and clothing.

(b) Transport of refugee children.

445. Travel on vessels of belligerent states.

(a) Proscription by Presidential proclamation.

(b) Revocation of proclamation; effect.

446. Repealed.

447. Financial transactions.

(a) Bonds, securities, or other obligations.

(b) Renewal or adjustment of indebtedness.

(c) Fine and imprisonment.

(d) Revocation of proclamation.

(e) Wartime.

448. Solicitation and collection of funds and contributions.

(a) Unlawful acts.

(b) Medical aid, food, and clothing.

(c) Revocation of proclamation.

449. American republics.

450. Restrictions on use of American ports.

(a) Bond to insure non-delivery of men,

ammunition, fuel, etc.

(b) Departure prohibited.

Sec.

(c) Alien seaman; bond.

451. Submarines and armed merchant vessels.

452. Repealed.

453. Regulations.

454. Unlawful use of the American flag by vessel

of foreign state.

455. General penalty provision.

456. Definitions.

457. Appropriations.

SUBCHAPTER III—PREVENTION OF OFFENSES

AGAINST NEUTRALITY

461. Enforcement by courts; employment of land

or naval forces.

462. Compelling foreign vessels to depart.

463. Bonds from armed vessels on clearing.

464. Detention by collectors of customs.

465. Detention of vessels.

PROCLAMATIONS RESPECTING WAR AND NEUTRALITY

See notes preceding section 1 of Title 50, Appendix,

War and National Defense.

SUBCHAPTER I—WAR MATERIALS

§ 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