PUBLISHING PROCLAMATIONS AND EXECUTIVE ORDER BY THE PRESIDENT OF THE UNITED STATES AND RULES AND REGULATIONS BY THE SECRETARY OF STATE OF THE UNITED STATES, ALL RELATING TO NEUTRALITY, ISSUED ON JUNE 10 AND 11, AND JULY 5, 1940.
Whereas the President of the United States did, on June 10 and 11, 1940, issue the following proclamations:
1. "PROCLAIMING THE NEUTRALITY OF THE UNITED STATES IN THE WAR BETWEEN ITALY, ON THE ONE HAND, AND FRANCE AND THE UNITED KINGDOM, ON THE OTHER HAND.
"Whereas a state of war unhappily exists between Italy, on the one hand, and France and the United Kingdom, 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 Italy.
"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 June, in the year of our Lord nineteen hundred and forty, 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. "PROCLAMATION OF A STATE OF WAR II BETWEEN ITALY, ON THE ONE HAND, AND FRANCE AND THE UNITED KINGDOM, ON THE OTHER HAND.
"Whereas section 1 of the joint resolution of Congress approved November 4, 1939, provides in part as follows:
‘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 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.’
"And whereas it is further provided by section 13 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 joint resolution; and he may exercise any power or authority conferred on him by this joint resolution 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 Italy, on the one hand, and France and the United Kingdom, on the other hand, and that it is necessary to promote the security and preserve the peace of the United States and to protect the lives of citizens of the United States.
"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 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, which is not specifically delegated by Executive Order to some other officer or agency of this Government, 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 June, in the year of our Lord nineteen hundred and forty, 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. "USE OF PORTS OR TERRITORIAL WATERS OF THE UNITED STATES BY SUBMARINES OF FOREIGN BELLIGERENT STATES.
"Whereas section 11 of the joint resolution approved November 4, 1939, provides:
‘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.’
"Whereas there exists a state of war between Italy, on the one hand, and France and the United Kingdom, on the other hand;
"Whereas the United States of America is neutral in such war;
"Whereas by my proclamation of November 4, 1939, issued pursuant to the provision of law quoted above, I placed special restrictions on the use of ports and territorial waters of the United States by the submarines of France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa;
"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority vested in me by the foregoing provision of section 11 of the joint resolution approved November 4, 1939, do by this proclamation declare and proclaim that the provisions of my proclamation of November 4, 1939, in regard to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of France; Germany; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa, shall also apply to the use of ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of Italy.
"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.
"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 June, in the year of our Lord nineteen hundred and forty, 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. "DEFINITION OF A COMBAT AREA
"Whereas section 3 of the joint resolution of Congress approved November 4, 1939, provides as follows: ‘(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 through any such combat area. The combat areas so defined may be made to apply to surface vessels or aircraft, or both.
‘(b) In case of the violation of any of the provisions of this section by any American vessel, or any owner or officer thereof, such vessel, owner, or officer shall be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the owner of such vessel be a corporation, organization, or association, each officer or director participating in the violation shall be liable to the penalty hereinabove prescribed. In case of violation of this section by any citizen traveling as a passenger, such passenger may be fined not more than $10,000 or imprisoned for not more than two years, or both.
‘(c) The President may from time to time modify or extend any proclamation issued under the authority of this section, and when the conditions which shall have caused him to issue any such proclamation shall have ceased to exist he shall revoke such proclamation and the provisions of this section shall thereupon cease to apply, except as to offenses committed prior to such revocation.
"And whereas it is further provided by section 13 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 joint resolution; and he may exercise any power or authority conferred on him by this joint resolution through such officer or officers, or agency or agencies, as he shall direct’
"And whereas on April 10, 1940, I issued a proclamation in accordance with the provision of law quoted above defining a combat area.
"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 section 3 of the joint resolution of Congress approved November 4, 1939, do hereby find that the protection of citizens of the United States requires that there be defined combat areas in addition to the combat area defined in my proclamation of April 10, 1940, through or into which additional combat areas 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, whether a surface vessel or an aircraft, to proceed.
"And I do hereby define the additional combat areas as follows:
"All the navigable waters within the limits set forth hereafter:
"1. Beginning at the intersection of the West Coast of Morocco with the parallel of 33° 10′ north latitude; "Thence due west to 20° west longitude;
"Thence due north to 37° 05′ north latitude;
"Thence due east to the mainland of Portugal;
"Thence along the coastline of Portugal, Spain Gibraltar, Spain, France, Italy, Yugoslavia, Albania and Greece to the intersection of the east coast Greece with the parallel of 39° 40′ north latitude;
"Thence due east to the mainland of Turkey;
"Thence along the coastline of Turkey, Syria, Palestine, Egypt, Libya, Tunisia, Algeria, and Morocco to the point of beginning.
"All the navigable waters within the limits set forth hereafter:
2. Beginning at the intersection of the north coast of Italian Somaliland with the meridian of 50° longitude east of Greenwich;
"Thence due north to the mainland of Arabia;
"Thence eastward along the coast of Arabia to the meridian of 51° east longitude;
"Thence due south to the mainland of Italian Somaliland;
"Thence westward along the coast of Italian Somaliland to the point of beginning.
"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 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, which is not specifically delegated by Executive Order to some other officer or agency of this Government, 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 eleventh day of June, in the year of our Lord nineteen hundred and forty, 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 June 10, 1940, issue the following Executive Order:
5. "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 June declaring the neutrality of the United States of America in the war now existing between Italy, on the one hand, and France and the United Kingdom, 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 Italy.
"FRANKLIN D. ROOSEVELT
"THE WHITE HOUSE
"June 10, 1940";
Whereas the Secretary of State of the United States did, on June 10 and 11, and July 5, 1940, promulgate the following rules and regulations:
6. "Regulations under section 2 (c) and (i) of the joint resolution of Congress approved November 4, 1939, which he promulgated on November 10 and November 25, 1939, henceforth apply equally in respect to the export or transport of articles and materials to Italy.
"CORDELL HULL
"Secretary of State
"June 10, 1940";
7. "REGULATIONS UNDER SECTION 5 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939.
"The Secretary of State announces that the regulations under section 5 of the joint resolution of Congress approved November 4. 1939, which he promulgated on November 6, and amended November 17, 1939, henceforth apply equally in respect to travel by citizens of the United States on vessels of Italy.
"CORDELL HULL
"Secretary of State
"June 10, 1940";
8. "RULES AND REGULATIONS GOVERNING THE SOLICITATION AND COLLECTION OF CONTRIBUTIONS FOR USE IN ITALY.
"The Secretary of State announces that the rules and regulations under section 8 of the joint resolution of Congress approved November 4, 1939, which he can promulgated on November 6, 1939, henceforth apply equally to the solicitation and collection of contributions for use in Italy.
"CORDELL HULL
"Secretary of State
"June 10, 1940";
9. "REGULATIONS UNDER SECTION 3 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939.
"The Secretary of State announces that the regulations under section 3 of the joint resolution of Congress approved November 4, 1939, which he promulgated on November 6 and November 17, 1939, henceforth apply equally in respect to travel into or through the additional combat areas defined in the President’s Proclamation of June 11, 1940; Provided, however. That the exceptions authorized by paragraph numbered 2 of the regulations promulgated on November 6, 1939, shall apply only to American vessels which, on the date of the issuance of these regulations, are within one of these additional combat areas, or in the Aegean Sea north of 39° 40′ north latitude, the Black Sea or waters connecting the two, or in the Red Sea or the Gulf of Aden west of 50° east longitude, and shall permit such vessels to proceed through those areas and waters only in accordance with directions issued to their operators by the United States Maritime Commission.
"CORDELL HULL
"Secretary of State
"June 11, 1940";
10. "REGULATIONS UNDER SECTION 3 OF THE JOINT RESOLUTION OF CONGRESS APPROVED NOVEMBER 4, 1939, AS AMENDED JUNE 26, 1940.
"By virtue of the authority vested in me by the President’s proclamation quoted above to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out the provisions of section 3 of the joint resolution of Congress approved November 4, 1939, as amended June 26, 1940, as made effective by this and previous proclamations, I hereby amend paragraph (4) of the regulations under section 3 of the abovementioned Act prescribed on November 6, 1939, to read as follows:
‘(4) The provisions of the proclamation do not apply to any American vessel which, by arrangement with the appropriate authorities of the United States Government, is commissioned to proceed into or through this combat area in order to evacuate citizens of the United States who are in imminent danger to their lives as a result of combat operations incident to the present war, or to any American vessels proceeding into or through this area, unarmed and not under convoy, under charter or other direction and control of the American Red Cross, on a mission of mercy only and carrying only Red Cross materials and personnel: Provided, That where permission has not been given by the blockading power, no American Red Cross vessel shall enter a port where a blockade by aircraft, surface vessel, or submarine is being attempted through the destruction of vessels, or into a port of any country where such blockade of the whole country is being so attempted.’
"CORDELL HULL
"Secretary of State
"July 5, 1940."
"Now, therefore, I, Manuel L. Quezon, President of the Philippines, do hereby publish the above proclamations, Executive Orders, rules and regulations for the information and guidance of all concerned.
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 twelfth day of August, in the year of Our Lord, nineteen hundred and forty, and of the Commonwealth of the Philippines, the fifth.
