§ 77. — Discrimination against neutral Americans in time of war.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC77]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER VI--PREVENTION OF UNFAIR METHODS OF COMPETITION
Sec. 77. Discrimination against neutral Americans in time of war
Whenever, during the existence of a war in which the United States
is not engaged, the President shall be satisfied that there is
reasonable ground to believe that any vessel, American or foreign, is,
on account of the laws, regulations, or practices of a belligerent
Government, making or giving any undue or unreasonable preference or
advantage in any respect whatsoever to any particular person, company,
firm, or corporation, or any particular description of traffic in the
United States or its possessions or to any citizens of the United States
residing in neutral countries abroad, or is subjecting any particular
person, company, firm, or corporation or any particular description of
traffic in the United States or its possessions, or any citizens of the
United States residing in neutral countries abroad to any undue or
unreasonable prejudice, disadvantage, injury, or discrimination in
regard to accepting, receiving, transporting, or delivering, or refusing
to accept, receive, transfer, or deliver any cargo, freight, or
passengers, or in any other respect whatsoever, he is authorized and
empowered to direct the detention of such vessels by withholding
clearance or by formal notice forbidding departure, and to revoke,
modify, or renew any such direction.
Whenever, during the existence of a war in which the United States
is not engaged, the President shall be satisfied that there is
reasonable ground to believe that under the laws, regulations, or
practices of any belligerent country or Government, American ships or
American citizens are not accorded any of the facilities of commerce
which the vessels or citizens of that belligerent country enjoy in the
United States or its possessions, or are not accorded by such
belligerent equal privileges or facilities of trade with vessels or
citizens of any nationality other than that of such belligerent, the
President is authorized and empowered to withhold clearance from one or
more vessels of such belligerent country until such belligerent shall
restore to such American vessels and American citizens reciprocal
liberty of commerce and equal facilities of trade; or the President may
direct that similar privileges and facilities, if any, enjoyed by
vessels or citizens of such belligerent in the United States or its
possessions be refused to vessels or citizens of such belligerent; and
in such case he shall make proclamation of his direction, stating the
facilities and privileges which shall be refused, and the belligerent to
whose vessels or citizens they are to be refused, and thereafter the
furnishing of such prohibited privileges and facilities to any vessel or
citizen of the belligerent named in such proclamation shall be unlawful;
and he may change, modify, revoke, or renew such proclamation; and any
person or persons who shall furnish or attempt or conspire to furnish or
be concerned in furnishing or in the concealment of furnishing
facilities or privileges to ships or persons contrary to the prohibition
in such proclamation shall be liable to a fine of not less than $2,000
nor more than $50,000 or to imprisonment not to exceed two years, or
both, in the discretion of the court.
In case any vessel which is detained by virtue of this subchapter
shall depart or attempt to depart from the jurisdiction of the United
States without clearance or other lawful authority, the owner or master
or person or persons having charge or command of such vessel shall be
severally liable to a fine of not less than $2,000 nor more than
$10,000, or to imprisonment not to exceed two years, or both, and in
addition such vessel shall be forfeited to the United States.
The President of the United States is authorized and empowered to
employ such part of the land or naval forces of the United States as
shall be necessary to carry out the purposes of this subchapter.
(Sept. 8, 1916, ch. 463, title VIII, Sec. 806, 39 Stat. 799.)
Delegation of Functions
For delegation to Secretary of Homeland Security of authority vested
in President by this section, see section 1(j), (k) of Ex. Ord. No.
10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under
section 301 of Title 3, The President.
