MALACAÑANG PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

Proclamation No. 472

PUBLISHING PROCLAMATIONS, EXECUTIVE ORDERS, AND REGULATIONS RELATING TO NEUTRALITY, ISSUED BY THE PRESIDENT AND THE SECRETARY OF STATE OF THE UNITED STATES, FROM SEPTEMBER 5 TO SEPTEMBER 11, 1939.

Whereas the President of the United States did on September 5, 8, and 10, 1939, issue the following proclamations:

1. EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR TO FRANCE; GERMANY; POLAND; THE UNITED KINGDOM, INDIA, AUSTRALIA, AND NEW ZEALAND.

"Whereas section 1 of the joint resolution of Congress approved May 1, 1937, provides in part as follows:

" ‘Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact and it shall thereafter be unlawful to export or attempt to export, or cause to be exported, aims, ammunition, or implements of war from any place in the United States to any belligerent state named such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘The President shall, from time to time by proclamation, definitely enumerate the arms, ammunition, and implements of war, the export of which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those enumerated in the President’s proclamation Numbered 2163, of April 10, 1936, but shall not include raw materials or any other articles or materials not of the same general character as those enumerated in the said proclamation, and in the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva, June 17, 1925.’

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘Whoever, in violation of any of the provisions of this Act, shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States shall be fined not more than $10,000 or imprisoned not more than five years, or both, and the property, vessel, or vehicle containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223-225; U. S. C, 1934 ed., title 22, sees. 238-245).’

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘In the case of the forfeiture of any arms, ammunition, or implements of war by reason of a violation of this Act, "no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States.’

"And whereas it is further provided by section 11 of the said joint resolution that

"‘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 Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.’

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby proclaim that a state of war unhappily exists between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand, and I do hereby admonish all citizens of the United States, or any of its possessions, and all persons residing or being within the territory or jurisdiction of the United States, or its possessions, to abstain from every violation of the provisions of the joint resolution above set forth, hereby made effective and applicable to the export, of arms, ammunition, or implements of war from any place in the United States or any of its possessions to France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand, or to any other state for transshipment to, or for the use of, France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand.

"And I do hereby declare and proclaim that the articles enumerated below shall be considered arms, ammunition, and implements of war for the purposes of section 1 of the said joint resolution of Congress:

"Category I

"(1) Rifles and carbines using ammunition in excess of caliber .22, and barrels for those weapons;

"(2) Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber .22, and barrels for those weapons;

"(3) Guns, howitzers, and mortars of all calibers, their mountings and barrels;

"(4) Ammunition in excess of caliber .22 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for such ammunition; filled and unfilled projectiles for the arms enumerated under (3) above;

"(5) Grenades, bombs, torpedoes, mines and depth charges, filled or unfilled, and apparatus for their use or discharge;

"(6) Tanks, military armored vehicles, and armored trains.

Category II

"Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.

"Category III

"(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, which are designed, adapted, and intended for aerial combat by the use of machine guns or of artillery or for the carrying and dropping of bombs, or which are equipped with, or which by reason of design or construction are prepared for, any of the appliances referred to in paragraph (2) below;

"(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.

"Category IV

(1) Revolvers and automatic pistols using ammunition in excess of caliber .22;

" (2) Ammunition in excess of caliber .22 for the arms enumerated under (1) above, and cartridge cases or bullets for such ammunition.

"Category V

‘(1) Aircraft, unassembled, assembled or dismantled, both heavier and lighter than air, other than those included in Category III;

"(2) Propellers or air screws, fuselages, hulls, wings, tail units, and under-carriage units;

"(3) Aircraft engines, unassembled, assembled, or dismantled.

"Category VI

"(1) Livens projectors and flame throwers;

"(2) a. Mustard, gas (dichlorethyl sulphide);

b. Lewisite (chlorvinyldichlorarsine and di-chlordivinylchlorarsine) ;

c. Methyldichlorarsine;

d. Diphenylchlorarsine;

e. Diphenylcyanarsine;

f. Diphenylaminechlorarsine,

g. Phenyldichlorarsine;

h. Ethyldichlorarsine;

i. Phenyldibromarsine;

j. Ethyldibromarsine;

k. Phosgene;

l. Monochlormethylchlorformate:

m. Trichlormethylchlorformate (diphosgene);

n. Dichlordimethyl ether;

o. Dibromdimethyl ether;

p. Cyanogen chloride;

q. Ethylbromacetate;

r. Ethyliodacetate;

s. Brombenzylcyanide;

t. Bromacetone;

u. Brommethylethyl ketone.

"Category VII

"(1) Propellant powders;

"(2) High explosives as follows:

a. Nitrocellulose having a nitrogen content of more than 12 per cent;

b. Trinitrotoluene;

c. Trinitroxylene;

d. Tetryl (Trinitrophenol methyl nitramine or tetranitro methyl aniline) ;

e. Picric acid;

f. Ammonium picrate;

g. Trinitroanisol;

h. Trinitronaphthalene;

i. Tetranitronaphthalene;

j. Hexanitrodiphenylamine;

k. Pentaorythritetetranitrate (Penthrite or Pentrite);

l. Trimethylenetrinitramine (Hexogen or T4) ;

m. Potassium nitrate powders (black saltpeter powder) ;

n. Sodium nitrate powders (black soda powder) ;

o. Amatol (mixture of ammonium nitrate and trinitrotoluene) ;

p. Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients) ;

q. Schneiderite (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients).

"And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

"And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this fifth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States" of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State"

2. EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR TO THE UNION OF SOUTH AFRICA

"Whereas section 1 of the joint resolution of Congress approved May 1, 1937, amending the joint resolution entitled ‘Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war,’ approved August 31, 1935, as amended February 29. 1936, provides in part as follows:

" ‘Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact.. and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms ammunition, or implements of war from any belligerent in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.’

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘The President shall, from time to time, by proclamation, extend such embargo upon the export of arms. ammunition, or implements of war to other states as and when they may become involved in such war.’

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution, do hereby proclaim that all of the provisions of my proclamation of September 5, 1939, in regard to the export of arms, ammunition,
and implements of war to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, henceforth apply to the Union of South Africa.

"And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

"And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this eighth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State"

3. EXPORT OF ARM’S, AMMUNITION, AND IMPLEMENTS OF WAR TO CANADA

"Whereas section 1 of the joint resolution of Congress approved May 1, 1937, amending the joint resolution entitled ‘Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war,’ approved August 31, 1935, as amended February 29, 1936, provides in part as follows:

" ‘Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.’

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘The President shall, from time to time, by proclamation, extend such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war.’

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution, do hereby proclaim that all of the provisions of my proclamation of September 5, 1939, in regard to the export of arms, ammunition, and implements of war to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, henceforth apply to Canada.

"And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

"And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this tenth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL.HULL
"Secretary of State"

4. PROCLAIMING A NATIONAL EMERGENCY IN CONNECTION WITH THE OBSERVANCE, SAFEGUARDING, AND ENFORCEMENT OF NEUTRALITY AND THE STRENGTHENING OF THE NATIONAL DEFENSE WITHIN THE LIMITS OF PEACETIME AUTHORIZATIONS.

"Whereas a proclamation issued by me on September 5, 1939, proclaimed the neutrality of the United States in the war now unhappily existing between certain nations; and

"Whereas this state of war imposes on the United States certain duties with respect to the proper observance, safeguarding, and enforcement of such neutrality, and the strengthening of the national defense within the limits of peacetime authorizations; and

"Whereas measures required at this time call for the exercise of only a limited number of the powers granted in a national emergency;

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, do proclaim that a national emergency exists in connection with and to the extent necessary for the proper observance, safeguarding, and enforcing of the neutrality of the United States and the strengthening of our national defense within the limits of peacetime authorizations. Specific directions and authorizations will be given from time to time for carrying out these two purposes.

"In witness whereof I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the City of Washington this eighth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State"

5. PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND THE UNION OF SOUTH AFRICA, ON THE OTHER HAND.

"Whereas a state of war unhappily exists between Germany, on the one hand, and the Union of South Africa, on the other hand;

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France; Poland; the United Kingdom, India, Australia, and New Zealand, apply equally in respect to the Union of South Africa.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this eighth day of September, in the year of our Lord nineteen hundred and thirty-nine and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

By the President:

"CORDELL HULL
"Secretary of State"

6. PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN GERMANY, ON THE ONE HAND, AND CANADA ON THE OTHER HAND.

"Whereas a state of war unhappily exists between Germany, on the one hand, and Canada, on the other hand;

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that all of the provisions of my proclamation of September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand, apply equally in respect to Canada.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this tenth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State"

Whereas the President of the United States did, on September 8 and 10, 1939, issue the following Executive Orders:

7. "PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES.

"Whereas, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

"And whereas a proclamation was issued by me on the 8th day of September declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and the Union of South Africa, on the other hand:

"Now, therefore, in. order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United
States, apply equally in respect to the Union of South Africa.

"FRANKLIN D. ROOSEVELT

"THE WHITE HOUSE,
"8th September, 1939″

8. "PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES.

"Whereas, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States;

"And whereas a proclamation was issued by me on the tenth day of September declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and Canada, on the other hand;

"Now, therefore, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States, apply equally in respect to Canada.

"FRANKLIN D. ROOSEVELT

"THE WHITE HOUSE,
"September 10, 1939"

Whereas the President of the United States did, on September 6 and 11, 1939, promulgate the following regulations:

9. "REGULATION CONCERNING CREDITS TO BELLIGERENTS

"Section 3 of the joint resolution of Congress approved May 1, 1937, reads in part as follows:

" ‘SEC 3. (a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or of any faction or asserted government within any such state, wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit to any such government, political subdivision, faction, asserted government, or person, or to solicit or receive any contribution for any such government, political subdivision, faction, asserted government, or person: Provided, That if the President shall find that such action will serve to protect the commercial or other interests of the United States or its citizens, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions. Nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe.

‘"(6) The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of the President’s proclamation.

" ‘ (c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.’

"I hereby find that it will serve to protect the commercial and other interests of the United States and its citizens to except from the operation of section 3 of the joint resolution of Congress approved May 1, 1937, as made applicable to Germany and France, Poland, and the United Kingdom, India, Australia, and New Zealand by the Proclamation of the President of September 5, 1939 issued under the authority of section 1 of such joint resolution, ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions; and they are therefore hereby excepted.

"I hereby authorize the Secretary of the Treasury to administer the provisions of this regulation and to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out such provisions.

"This regulation shall continue in full force and effect unless and until modified, revoked, or otherwise terminated, pursuant to law.

"FRANKLIN D. ROOSEVELT

"THE WHITE HOUSE,
"September 6, 1939"

10. "REGULATION CONCERNING CREDITS TO BELLIGERENTS

"I hereby prescribe that the provisions of my regulation of September 6, 1939, concerning credits to France; Germany; Poland; and the United Kingdom., India, Australia, and New Zealand, shall henceforth apply equally in respect to credits to Canada and the Union of South Africa.

"FRANKLIN D. ROOSEVELT

"THE WHITE HOUSE,
"September 11, 1939"

Whereas the Secretary of State of the United States did, on September 5, 9, and, 1939, promulgate the following rules and regulations:

"September 5, 1939

"NO. 383

11. "RULES AND REGULATIONS GOVERNING THE SOLICITATION AND COLLECTION OF CONTRIBUTIONS FOR USE IN FRANCE; GERMANY; POLAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA, AND NEW ZEALAND.

"Section 3 of the joint-resolution of Congress approved May 1, 1937 "(Public Resolution—No. 27— 75th Congress—First Session), amending the joint resolution approved August 31, 1935, as amended, provides in part as follows:

"‘(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the Government of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of a government of any such state, or of any faction or asserted government within any such state wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit to any such government, political subdivision, faction, asserted government or person, or to solicit or receive any contribution for any such government, political subdivision, faction, asserted government or person: Provided, That * * * nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe. (Italics supplied

" ‘* * *

"‘(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.’

"On September 5, 1939, the President issued a. proclamation in respect to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, under the authority of section 1 of the said joint resolution, thereby making effective in respect to those countries the provisions of section 3 of the said joint resolution quoted above.

"Section 11 of the said joint resolution provides as follows:

" ‘SEC. 11. 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 Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.’

"The President’s proclamation of September 5, 1939, referred to above, issued pursuant to the provisions of section 1 of the above-mentioned joint resolution provides in part as follows:

" ‘And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.’

"In pursuance of those provisions of the law and of the President’s proclamation of September 5, 1939, which are referred to above, the Secretary of State promulgates the following regulations:

"(1) The term ‘person’ as used herein and in the Act of May 1, 1937, includes a partnership, company, association, organization or corporation as well as a natural person.

"(2) Any person within the United States, its territories, insular possessions (including the Philippine Islands), the Canal Zone, and the District of Columbia who desires to engage in the solicitation or collection of contributions to be used for medical aid and assistance in France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand, or for food and clothing to relieve human suffering in any of those countries, and who is not acting for or on behalf of the governments of France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand, or any political subdivision of any of such countries, shall register with the Secretary of State. To this end, such person shall make application to the Secretary of State upon the form provided therefor.

"(3) Organizations or associations having chapters shall list them in their application for registration and shall set forth therein the addresses of such chapters. In case chapters are formed after the registration of the parent organization, the parent should immediately inform the Secretary of State in order that its registration may be amended to name the new chapter or chapters.

"(4) No person shall solicit or collect contributions without having in his possession a notice from the Secretary of State of acceptance of registration which has not been revoked; Provided, however, that nothing in this regulation shall be construed as requiring a duly authorized agent of a registrant to have in his possession a notice of acceptance of registration. Chapters named in the parent organization’s registra­tion may, of course, operate under this registration. Notices of acceptance of registration shall not be exhibited, used, or referred to, in any manner which might be construed as implying official endorsement of the persons engaged in the solicitation or collection of contributions.

"(5) All persons registered with the Secretary of State must maintain for his inspection or that of his duly authorized agent, complete records of all transactions in which the registrant engages.

"(6) Persons receiving notification of acceptance of registration shall submit to the Secretary of State not later than the tenth day of every month following the receipt of such notification sworn statements, in duplicate, on the form provided therefor setting forth fully the information called .for therein.

"(7) The Secretary of State reserves the right to reject applications or to revoke registrations for failure on the part of the registrant to comply with the provisions or purposes of the law or of these regulations.

"(8) A registrant may act as an agent for the transmittal abroad of funds received by another registrant, but such funds shall not be accountable as contributions received by the transmitting registrant.

"(9) Any changes in the facts set forth in the registrant’s application for registration, such as change of address, of officers, or of means of distribution abroad, should be reported promptly to the Secretary of State in the form of a supplemental application, in duplicate, properly sworn to.

"(10) In view of the purposes and special status of ‘The American National Red Cross’ as set forth in the Act of Congress approved January 5, 1905, entitled ‘An Act to incorporate the American National Red Cross’ (33 Stat. 599), and particularly in view of the fact that it is required by law to submit to the Secretary of War for audit ‘a full, complete, and itemized report of receipts and expenditures of whatever kind’, so that the submission to the Secretary of State of reports of funds received and expended would constitute an unnecessary duplication, ‘The American National Red Cross’ is not required to conform to the provisions of these regulations.

"CORDELL HULL
"Secretary of State"

"September 9, 1939

"NO. 424

12. "RULES AND REGULATIONS GOVERNING THE SOLICITATION AND COLLECTION OF CONTRIBUTIONS FOR USE IN THE UNION OF SOUTH AFRICA.

"The Secretary of State announces that the rules and regulations under the provisions of Section 3(a) of the joint resolution of Congress approved May 1, 1937, in regard to the solicitation and collection of funds for use in France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, which he promulgated on September 5, 1939, henceforth apply equally in respect to the solicitation and collection of funds for use in the Union of South Africa.

"CORDELL HULL"

"September 11, 1939

"NO. 433

13. "RULES AND REGULATIONS GOVERNING THE SOLICITATION AND COLLECTION OF CONTRIBUTIONS FOR USE IN CANADA.

"The Secretary of State announces that the rules and regulations under the provisions of section 3(a) of the joint resolution of Congress approved May 1, 1937, in regard to the solicitation and collection of funds for use in France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, which he promulgated on September 5, 1939, henceforth apply equally in respect to the solicitation and collection of funds for use in Canada.

"CORDELL HULL"

"September 5, 1939

"NO. 384

14. "REGULATIONS UNDER SECTION 9 OF THE JOINT RESOLUTION OF CONGRESS APPROVED MAY 1, 1937.

"Section 9 of the joint resolution of Congress approved May 1, 1937, amending the joint resolution approved August 31, 1935, provides as follows:

"Whenever the President shall have issued a proclamation under the authority of section 1 of this Act it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, except in accordance with such rules and regulations as the President shall prescribe: Provided, however, That the provisions of this section shall not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the date of the President’s proclamation, and who had no opportunity to discontinue his voyage after that date: And provided, further, That they shall not apply under ninety days after the date of the President’s proclamation to a citizen of the United States returning from a foreign state to the United States. Whenever, in the President’s 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 with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.’

"Section 12 of the said joint resolution provides as follows:

" ‘In every case of the violation of any of the provisions of this Act or of any rule or regulation issued pursuant thereto where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000, or imprisoned not more than five years, or both.’

"Section 11 of the said joint resolution provides as follows:

" ‘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 Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.’

"The President’s proclamation of September 5, 1939, issued pursuant to the provisions of section 1 of the above-mentioned joint resolution, provides in part as follows:

" ‘And I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.’

"In pursuance of those provisions of the law and of the President’s, proclamation of September 5, 1939, which are quoted above, the Secretary of State announces the following regulations:

"American diplomatic and consular officers and their families, members of their staffs and their families, and American military and naval officers and personnel and their families may travel pursuant to orders on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand if the public service requires.

"Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand, provided, however, that travel on or over the north Atlantic Ocean, east of 30 degrees west and north of 30 degrees north or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands shall not be permitted except when specifically authorized by the Secretary of State in each case.

"CORDELL HULL"
"Secretary of State"

"September 9, 1939

"NO. 425

15. "REGULATIONS UNDER SECTION 9 OF THE JOINT RESOLUTION OF CONGRESS APPROVED MAY 1, 1937.

"The Secretary of State announces that the regulations under section 9 of the joint resolution of Congress approved May 1, 1937, which he promulgated on September 5, 1939, henceforth apply equally in respect to travel by citizens of the United States on vessels of the Union of South Africa.

"CORDELL HULL"

"September 11, 1939

"NO. 432

16. "REGULATIONS UNDER SECTION 9 OF THE JOINT RESOLUTION OF CONGRESS APPROVED MAY 1, 1987.

"The Secretary of State announces that the regulations under section 9 of the joint resolution of Congress approved May 1, 1937, which he promulgated on September 5, 1939, henceforth apply equally in respect to travel by citizens of the United States on vessels of Canada.

"CORDELL HULL"

"September 5, 1939

"NO. 382

17. "SUPPLEMENT TO THE PAMPHLET, ‘INTERNATIONAL TRAFFIC IN ARMS LAWS AND REGULATIONS ADMINISTERED BY THE SECRETARY OF STATE GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS, AMMUNITION, AND IMPLEMENTS OF WAR AND OTHER MUNITIONS OF WAR.

"PART IX

"SPECIAL PROVISIONS IN REGARD TO EXPORTATION TO FRANCE; GERMANY; POLAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA, AND NEW ZEALAND.

"The President’s proclamation of September 5, 1939, issued pursuant to section 1 of the joint resolution of Congress approved May 1, 1937, reads as follows:

"Whereas section 1 of the joint resolution of Congress approved May 1, 1937, provides in part as follows:

" ‘Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact, and it Shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘The President shall, from time to time by proclamation, definitely enumerate the arms, ammunition, and implements of war, the export of which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those enumerated in the President’s proclamation Numbered 2163, of April 10, 1936, but shall not include raw materials or any other articles or materials not of the same general character as those enumerated in the sad proclamation, and in the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva June 17, 1925.’

"And whereas it is further provided by section 1 of the said resolution that

" ‘Whoever, in violation of any of the provisions of this Act, shall export, or attempt to export, or cause to be exported arms, ammunition, or implements of war from the United States shall be fined not more than $10,000 or imprisoned not more than five years, or both, and the property, vessel, or vehicle containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223-225; U. S. C, 1934 ed., title 22, sees. 238-245).’

"And whereas it is further provided by section 1 of the said joint resolution that

" ‘In the case of the forfeiture of any arms, ammunition, or implements of war by reason of a violation of this Act, no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States.’

"And whereas it is further provided by section 11 of the said joint resolution that

" ‘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 Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.’

" ‘Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred on me by the said joint resolution, do hereby proclaim that a state of war unhappily exists between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand, and I do hereby admonish all citizens of the United States, or any of its possessions, and all persons residing or being within the territory or jurisdiction of the United States, or its possessions, to abstain from every violation of the provisions of the joint resolution above set forth, hereby made effective and applicable to the export of arms, ammunition, or implements of war from any place in the United States or any of its possessions to France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand, or to any other states for transshipment to, or for the use of, France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand.

"And I do hereby declare and proclaim that the articles enumerated below shall be considered arms, ammunition, and implements of war for the purposes of section 1 of the said joint resolution of Congress:

"Category I

"(1) Rifles and carbines using ammunition in excess of caliber .22, and barrels for those weapons;

"(2) Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber .22, and barrels for those weapons;

"(3) Guns, howitzers, and mortars’ of all calibers, their mountings and barrels;

"(4) Ammunition in excess of caliber 122 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for such ammunition; filled and unfilled projectiles for the arms enumerated under (3) above;

"(5) Grenades, bombs, torpedoes, mines and depth charges, filled or unfilled, and apparatus for their use or discharge;

"(6) Tanks, military armored vehicles, and armored trains.

"Category II

Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.

"Category III

"(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, which are designed, adapted, and intended for aerial combat by the use of machine guns or of artillery or for the carrying and dropping of bombs, or which are equipped with, or which by reason of design or construction are prepared for, any of the appliances referred to in paragraph (2) below;

"(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.

"Category IV

"(1) Revolvers and automatic pistols using ammunition in excess of caliber .22;

"(2) Ammunition in excess of caliber .22 for the arms enumerated under (1) above, and cartridge cases or bullets for such ammunition.

"Category V

"(1) Aircraft, unassembled, assembled or dismantled, both heavier and lighter than air, other than those included in Category III;

"(2) Propellers or air screws, fuselages, hulls, wings, tail units, and under-carriage units;

"(3) Aircraft engines, unassembled, assembled, or dismantled.

"Category VI

"(1) Livens projectors and flame throwers;

"(2) a. Mustard gas (dichlorethyl sulphide);

b. Lewisite (chlorvinyldichlorarsine and dichlordivinylchlorarsine) ;

c. Methyldichlorarsine;

d. Diphenylchlorarsine;

e. Diphenylcyanarsine;

f. Diphenylaminechlorarsine;

g. Phenyldichlorarsine;

h. Ethyldichlorarsine;

i. Phenyldibromarsine;

j. Ethyldibromarsine;

k. Phosgene;

l. Monochlormethylchlorformate;

m. Trichlormethylchlorformate (diphosgene) ;

n. Dichlordimethyl ether;

o. Dibromdimethyl ether;

p. Cyanogen chloride;

q. Ethylbromacetate;

r. Ethyliodoacetate;

s. Brombenzylcyanide;

t. Bromacetone;

u. Brommethylethyl ketone.

"Category VII

"(1) Propellant powders;

"(2) High explosives as follows:

a. Nitrocellulose having a nitrogen content of more than 12 per cent;

b. Trinitrotoluene;

c. Trinitroxylene;

d. Tetryl (trinitrophenol methyl nitramine or tetrariitro methylaniline) ;

e. Picric acid;

f. ammonium picrate;

g. Trinitroanisol;

h. Trinitronaphthalene;

i. Tetranitronaphthalene;

j. Hexanitrodiphenylamine;

k. Pentaorythritetetranitrate (Penthrite or Pentrite) ;

l. Trimethylenetrinitramine (Hexogen or T4);

m. Potassium nitrate powders (black saltpeter powder);

n. Sodium nitrate powders (black soda powder);

o. Amatol (mixture of ammonium nitrate and trinitrotoluene) ;

p. Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients);

q. Schneiderate (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients).

"And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

"And 1 do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the city of Washington this fifth day of September, in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-fourth.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State

"No export licenses will be issued for shipments destined to France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand of any of the arms, ammunition, or implements of war enumerated in the President’s proclamation of September 5, 1939.

"By virtue of the power delegated to the Secretary of State by this proclamation of September 5, 1939, to promulgate such rules and regulations not inconsistent with law as may be necessary to carry out any of the provisions of the joint resolution of Congress approved May 1, 1937, as made effective by this proclamation, the Secretary of State may require exporters of any of the arms, ammunition, or implements of war enumerated in the proclamation to present convincing evidence that they are not destined to France: Germany; Poland; or the United Kingdom, India, Australia, and New Zealand and may refuse to issue an export license for the same until such convincing evidence has been presented to him.

"Section 6 of the joint resolution of Congress approved May 1, 1937 reads as follows:

" ‘SEC. 6. (a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel to carry any arms, ammunition, or implements of war to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists.

"‘(6) Whoever, in violation of the provisions of this section, shall take, or attempt to take, or shall authorize, hire, or solicit another to take, any American vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both; and, in addition, such vessel, and her tackle, apparel, furniture, and equipment, and the arms, ammunition, and implements of war on board, shall be forfeited to the United States.’

"Section 10 of the same joint resolution reads as follows:

" ‘Sec. 10. Whenever the President shall have issued a proclamation under the authority of section 1, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel engaged in commerce with any belligerent state, or any state wherein civil strife exists, named in such proclamation, to be armed or to carry any armament, arms, ammunition, or implements of war, except small arms and ammunition therefor which the President may deem necessary and shall publicly designate for the preservation of discipline aboard such vessels.’

"Under the provisions of this section and by virtue of the power delegated to the Secretary of State by this proclamation of September 5, 1939, to promulgate such rules and regulations not inconsistent with law as may be necessary to carry out any of the provisions of the joint resolution of Congress approved May 1, 1937, the Secretary of State announces that American vessels engaged in commerce with France; Germany; Poland; or the United Kingdom, India, Australia, and New Zealand may carry such small arms and ammunition as the masters of these vessels may deem indispensable for the preservation of discipline aboard the vessels.

"CORDELL HULL
"Secretary of State"
"September 9, 1939

"NO. 423

18. "SUPPLEMENT TO THE PAMPHLET, ‘INTERNATIONAL TRAFFIC IN ARMS’ LAWS AND REGULATIONS ADMINISTERED BY THE SECRETARY OF STATE GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS, AMMUNITION, AND IMPLEMENTS OF WAR AND OTHER MUNITIONS OF WAR.

"PART X
"SPECIAL PROVISIONS IN REGARD TO EXPORTATION
TO THE UNION OF SOUTH AFRICA

"The Secretary of State announces that the special provisions in regard to exportation to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, promulgated on September 5, 1939, and set forth in Part IX of this pamphlet, henceforth apply equally in respect to the Union of South Africa.

"CORDELL HULL"

"September 11, 1939

NO. 431

19. "SUPPLEMENT TO THE PAMPHLET, ‘INTERNATIONAL TRAFFIC IN ARMS’—LAWS AND REGULATIONS ADMINISTERED BY THE SECRETARY OF STATE GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS, AMMUNITION, AND IMPLEMENTS OF WAR AND OTHER MUNITIONS OF WAR.

"PART XI
"SPECIAL PROVISIONS IN REGARD TO EXPORTATION TO CANADA

"The Secretary of State announces that the special provisions in regard to exportation to France; Germany; Poland; and the United Kingdom, India, Australia, and New Zealand, promulgated on September 5, 1939, and set forth in Part IX of this pamphlet, henceforth apply equally in respect to Canada.

"CORDELL HULL"

Now, therefore, I, Manuel L. Quezon, President of the Philippines, do give publicity to said proclamations, executive orders, and regulations and enjoin the strict observance of their provisions upon all citizens of the Philippines and other persons residing or being therein.1awp++i1

In witness whereof, I have hereunto set my hand and caused the seal of the Commonwealth of the Philippines to be affixed.

Done at the City of Manila, this twentieth day of October, in the year of our Lord, nineteen hundred and thirty-nine, and of the Commonwealth of the Philippines, the fourth.

MANUEL L. QUEZON
President of the Philippines

By the President:

JORGE B. VARGAS
Secretary to the President


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