By the passing of the Neutrality Act on November 3rd 1939, the United States lifted the embargo on the sale of arms to belligerent countries, with the proviso that such arms must be paid for in advance and carried away in the ships of the purchasing country.
The practical result was to make America’s vast arsenal immediately available to the Allies.
We give below the most important clauses Act.
Whereas the United States, desiring to preserve its neutrality in wars between foreign States and desiring upon to avoid involvement therein, voluntarily imposes upon its nationals by domestic legislation the restrictions set out in this joint resolution, and whereas by so doing the United States waives none of its own rights and 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…. Therefore be it.
Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled,
Section 1 (a)
That 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 lives of citizens of the United States, the President shall issue a proclamation naming the States involved.
Section 2 (a)
Whenever the President shall have issued a proclamation under the authority of Section 1 (a) it shall thereafter be unlawful for any American vessel to carry any passengers or any articles or materials to any State named in such proclamation….
(c)
Wheneverthe President shall have issued a proclamation under the authority of Section 1 (a) it shall thereafter be unlawful to export or transport, or attempt to export or transport ,or cause to be exported or transported ,from the United States to any State named in such proclamation, any articles or materials ( except copyright articles or materials) until all right, title and interest therein shall have been transferred to some foreign government, agency, institution ,association ,partnership, corporation or national ….
(f)
Theprovisions of subsection (a) of this Section shall not apply to transportation by American vessels on or over lakes, rivers and inland waters borderingon the United States, or to transportation by aircraft on or over lands bordering on the United States, and the provisions of subsection,(c) of the Section shall not apply to such transportation of any articles or materials other then articles listed in a proclamation issued under the authority of Section12 (i) or to any other transportation on or over lands bordering on the United States of any articles or materials other then articles listed in a proclamation issued under the authority of Section 12 (i)
Zones Open to American Traffic
The provisions of subsections ( a) and (c) of this Section shall not apply to transportation by American vessels ( other then aircraft ) of mail, passengers, or any articles or materials ( except articles or materials) listed in a proclamation issued under the authority of Section 12 ( I ) to any port in the Western Hemisphere.
North of thirty five degrees latitude (2) to any port in the Western Hemisphere north of thirty five degrees north latitude and west of sixty six degrees west longitude (3) to any port on the pacific or Indian Oceans, including the China Sea, the Tasman Sea, the Bay of Bengal and the Arabian Sea and any other dependent waters of either of such oceans, seas or bays, or (4) to any port on the Atlantic Ocean or its dependent waters south of thirty degrees north latitude.
The exceptions contained in this subsection shall not apply to any such port which is included within a combat area as defined in Section 3, which applies to such vessels….
Section 3 (a)
Whenever the President shall have issued a proclamation under the authority of Section 1 (a) and he shall thereafter find that the protection of citizens of the United States so requires, he shall by proclamation define combat areas, and thereafter it shall be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel to proceed into or though any such combat area….
Section 5 (a)
Whenever the President shall have issued a proclamation under the authority of Section 1 (a) it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel, engaged in commerce with any foreign State, to be armed except with small arms and ammunition therefore, which the President may deem necessary and shall publicly designate for the preservation of discipline aboard any such vessel….
Section 6
Whenever the President shall have issued a proclamation under the authority of Section 1 (a) it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel, engaged in commerce with any foreign State to be armed, except with small arms and ammunition therefore which the President may deem necessary and shall publicly designate for the preservation of discipline aboard any such vessel….
Section 11
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 the 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 there from , except under such conditions and subject to such limitations as the President may prescribe…..
Regulations Governing Export of Arms
Section 12 (a)
There is hereby established a National Munitions Control Board.
The Board shall consist of the Secretary of War, the Secretary of the Treasury, the Secretary of the Navy, and the Secretary of Commerce.
Except as otherwise provided in this Section or by other law, the administration of this Section is vested in the Secretary of State….
(b)
Every person who engages in the business of manufacturing, exporting or importing any arms ammunition or implements of war listed in a proclamation issued under authority of subsection (I) of this Section, whether as an exporter, importer, manufacturer or dealer, shall register with the Secretary of State his name or business name principal place of business and places of business in the United States, and a list of the arms, ammunition, imports or exports….
(d)
it shall be unlawful for any person to export ,or attempt to export from the United States to any other State , any arms ammunition, or implements of war listed in a proclamation issued under the authority of subsection ( I ) of this Section, or to import or attempt to import ,to the United States from any other State , any of the arms , ammunition ,or implements of war listed in any such proclamation, without first having submitted to the Secretary of State the name of the purchaser and the terms of sale and having obtained a licence therefore…..
(I)
The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition and implements of war for the purposes of this Section…
Section 14 (a)
It will be unlawful for any vessel be longing to or operating under the jurisdiction of any foreign State to use the flag of the United States thereon, to make use of any distinctive signs or markings indicating that same is an American vessel….
