MALACAÑANG PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

Proclamation No. 499

PUBLISHING DEPARTMENTAL ORDER NUMBERED EIGHT HUNDRED TWENTY-SEVEN ISSUED BY THE ACTING SECRETARY OF STATE OF THE UNITED STATES ON NOVEMBER 17, 1939, REGARDING REGULATIONS RELATING TO TRAVEL IN COMBAT AREAS AND ON BELLIGERENT VESSELS.

Whereas the Acting Secretary of State of the United States did on November 17, 1939, issue the following Departmental Order:

"REGULATIONS RELATING TO TRAVEL IN COMBAT AREAS AND ON BELLIGERENT VESSELS

"DEPARTMENTAL ORDER NO. 827

"Section 5 (a) of the Neutrality Act of 1939 regarding travel on belligerent vessels provides as follows:

" ‘SEC. 5. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a) it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of any state named in such proclamation, except in accordance with such rules and regulations as may be prescribed.’

"On November 6, the following regulations were prescribed in pursuance of the above provision:

" ‘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, Canada, New Zealand and the Union of South Africa if the public service requires.

" ‘Other American citizens may travel on vessels of France; Germany; Poland; or the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa, provided, however, that travel on or over the north Atlantic Ocean,! north of 35 degrees north latitude and east of 66 degrees west longitude 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.’

"Section 3 (a) of the Neutrality Act of 1939, regarding travel into or through combat areas provides as follows:

" ‘SEC. 3. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (o), 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.’

"The President, by proclamation of November 4, 1939, entitled ‘Definition of Combat Areas’ defined a combat area as follows:

" ‘All the navigable waters within the limits set forth hereafter.

" ‘Beginning at the intersection of the north coast of Spain with the meridian of 2° 45’ longitude west of Greenwich;

" ‘Thence due north to a point in 43° 54’ north latitude;

" ‘Thence by rhumb line to a point in 45° 00′ north latitude; 20° 00’ west longitude;

"‘Thence due north to 58° 00’ north latitude;

"‘Thence by rhumb line to latitude 62° north, longitude 2° east;

" ‘Thence by rhumb line to latitude 60’ north, longitude 5° east;

‘"Thence due east to the mainland of Norway;

" ‘Thence along the coast line of Norway, Sweden, the Baltic Sea and dependent waters thereof, Germany, Denmark, the Netherlands, Belgium, Prance and Spain to the point of beginning.’

"On November 6, 1939, the following regulations relating to travel into and through combat areas were prescribed:

" ‘Holders of American passports issued or validated subsequent to September 4, 1939 for travel in Europe are hereby permitted to proceed, in accordance with the authorizations and subject to the restrictions noted on such passports, into and through any such combat area, whether by surface vessels or aircraft, or both, until further regulation. Holders of American passports, whether or not so issued or validated, presently in the combat areas denned by the proclamation of the President of the United States dated November 4, 1939, are hereby permitted to proceed into and through such combat areas in connection with travel in accordance with the authorizations and subject to the restrictions noted on such passports, until further regulation.’

"By virtue of and pursuant to the above quoted provisions of law and in pursuance of the President’s proclamation of November 4, 1939, I, the undersigned, Acting Secretary of State of the United States, hereby prescribe the following regulation amending the regulations of November 6, 1939, relating to travel on belligerent vessels, by substituting for the words ‘the Secretary of State’ the words the Passport Division of the Department of State or an American Diplomatic or Consular Officer abroad,’ and also the following regulations supplementing the regulations prescribed on November 6, 1939, relating to travel into or through combat areas.

"1. American nationals may not travel on any surface vessel or aircraft into or through any area which is or may be defined as a combat area unless they possess American passports which have been endorsed as valid, as hereinafter provided, for such travel by the Passport Division of the Department of State or an American Diplomatic or Consular officer abroad.

"2. Each such endorsement shall be restricted in validity to one specific journey into or through a combat area and shall not be valid for travel on a belligerent vessel unless transportation on a neutral vessel is not reasonably available.

"3. Endorsements valid for travel into or through a combat area may be placed on the passports of officers and employees of the United States, civil or military, and members of their families if the public service requires.

"4. Endorsements valid for travel into or through a combat area shall not be placed on the passports of other American nationals except in cases of imperative necessity and unless other routes of travel to destination are not reasonably available.

"5. These regulations are not applicable to the following American nationals who are hereby authorized, under the conditions stated, to travel into or through combat areas without being in possession of American passports endorsed as valid for such travel:

"(a) Officers and enlisted personnel on board any vessels of the United States Navy or United States Coast Guard proceeding into or through combat areas under orders or in the course of duty.

"(b) Officers and members of the crew of any American vessel which, by arrangement with the appropriate authorities of the Government of the United States, may be commissioned to proceed into or through a 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.

"(c) Officers and members of the crew of any American vessel proceeding into or through a combat area under charter or other direction and control of the American Red Cross and under safe conduct granted by belligerent states.

"(d) Officers and members of the crew of any American vessel which in advance of a proclamation by the President defining any area as a combat area cleared and departed from an American or foreign port for a port or ports within the area so defined as a combat area; Provided, however, that the provisions of this subsection are limited to a current voyage so undertaken.

"SUMNER WELLES
"Acting Secretary of State

"DEPARTMENT OF STATE,

"November 17, 1939"

Now, therefore, I, Manuel L. Quezon, President of the Philippines, do hereby publish the above Departmental Order 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 twenty-first day of December, in the year of Our Lord, nineteen hundred and thirty-nine, and of the Commonwealth of the Philippines, the fifth.

MANUEL L. QUEZON
President of the Philippines

By the President:

JORGE B. VARGAS
Secretary to the President


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