MALACAÑANG PALACE
ManilaBY THE PRESIDENT OF THE PHILIPPINES
Proclamation No. 495
PUBLISHING PROCLAMATIONS AND REGULATIONS RELATING TO NEUTRALITY ISSUED BY THE PRESIDENT AND THE SECRETARY OF STATE OF THE UNITED STATES, RESPECTIVELY, ON NOVEMBER 4 AND NOVEMBER 6, 1939.
Whereas, the President of the United States did on November 4, 1939, issue the following proclamations:
1. "PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY AND FRANCE; POLAND; AND THE UNITED KINGDOM, INDIA, AUSTRALIA, CANADA, NEW ZEALAND AND THE UNION OF SOUTH AFRICA.
"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...
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Proclamations
Publishing Proclamations And Regulations Relating To Neutrality Issued By the President And the Secretary of State of the United States, Respectively, on November 4 And November 6, 1939
Proclamation No. 495
Summary of the Law:
Proclamations and Regulations Relating to Neutrality
1. State of War (Section 1)
- Proclaims a state of war between Germany and France, Poland, United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa.
- Necessary to promote security, preserve peace, and protect lives of U.S. citizens.
- Revokes previous proclamations regarding export of arms to these countries.
2. Use of Ports by Submarines (Section 11)
- Prohibits submarines of belligerent states from entering U.S. ports or territorial waters, except in cases of force majeure.
- Submarines must surface, fly flags, and depart while surfaced.
- Revokes previous proclamation on this matter.
3. Definition of Combat Areas (Section 3)
- Defines a combat area in navigable waters within specified coordinates.
- Prohibits U.S. citizens and vessels from proceeding into or through the combat area, except under prescribed rules and regulations.
- Violations by vessels punishable by a fine of up to $50,000 or imprisonment up to 5 years, or both.
- Violations by passengers punishable by a fine of up to $10,000 or imprisonment up to 2 years, or both.
4. Regulations for Combat Areas (Section 3)
- Holders of U.S. passports issued or validated after September 4, 1939, for travel in Europe are permitted to proceed into and through combat areas, subject to passport restrictions.
- Provisions do not apply to current voyages of U.S. vessels that departed before the proclamation, U.S. Navy or Coast Guard vessels, or vessels evacuating U.S. citizens or under Red Cross charter.
5. Regulations for Travel on Belligerent Vessels (Section 5)
- Prohibits U.S. citizens from traveling on vessels of belligerent states, except when authorized by the Secretary of State.
- Allows travel for diplomatic, consular, military, and naval personnel on official orders.
- Prohibits travel on or over specified areas of the North Atlantic Ocean, waters adjacent to Europe, or the European continent, unless specifically authorized.
6. Regulations for Arming Vessels (Section 6)
- Prohibits U.S. vessels engaged in commerce with foreign states from being armed, except with small arms and ammunition designated by the President for preserving discipline aboard.
7. Regulations for Soliciting Contributions (Section 8)
- Prohibits soliciting or receiving contributions for or on behalf of the governments or agents of belligerent states.
- Allows soliciting contributions for medical aid, food, and clothing to relieve human suffering, subject to prescribed rules and regulations.
- Requires registration, record-keeping, and reporting for soliciting organizations.
- Prohibits unethical or wasteful methods of solicitation, such as commission-based solicitors or excessive entertainment costs.
- Exempts the American National Red Cross from these regulations.
Proclamations and Regulations Relating to Neutrality
1. State of War (Section 1)
- Proclaims a state of war between Germany and France, Poland, United Kingdom, India, Australia, Canada, New Zealand, and the Union of South Africa.
- Necessary to promote security, preserve peace, and protect lives of U.S. citizens.
- Revokes previous proclamations regarding export of arms to these countries.
2. Use of Ports by Submarines (Section 11)
- Prohibits submarines of belligerent states from entering U.S. ports or territorial waters, except in cases of force majeure.
- Submarines must surface, fly flags, and depart while surfaced.
- Revokes previous proclamation on this matter.
3. Definition of Combat Areas (Section 3)
- Defines a combat area in navigable waters within specified coordinates.
- Prohibits U.S. citizens and vessels from proceeding into or through the combat area, except under prescribed rules and regulations.
- Violations by vessels punishable by a fine of up to $50,000 or imprisonment up to 5 years, or both.
- Violations by passengers punishable by a fine of up to $10,000 or imprisonment up to 2 years, or both.
4. Regulations for Combat Areas (Section 3)
- Holders of U.S. passports issued or validated after September 4, 1939, for travel in Europe are permitted to proceed into and through combat areas, subject to passport restrictions.
- Provisions do not apply to current voyages of U.S. vessels that departed before the proclamation, U.S. Navy or Coast Guard vessels, or vessels evacuating U.S. citizens or under Red Cross charter.
5. Regulations for Travel on Belligerent Vessels (Section 5)
- Prohibits U.S. citizens from traveling on vessels of belligerent states, except when authorized by the Secretary of State.
- Allows travel for diplomatic, consular, military, and naval personnel on official orders.
- Prohibits travel on or over specified areas of the North Atlantic Ocean, waters adjacent to Europe, or the European continent, unless specifically authorized.
6. Regulations for Arming Vessels (Section 6)
- Prohibits U.S. vessels engaged in commerce with foreign states from being armed, except with small arms and ammunition designated by the President for preserving discipline aboard.
7. Regulations for Soliciting Contributions (Section 8)
- Prohibits soliciting or receiving contributions for or on behalf of the governments or agents of belligerent states.
- Allows soliciting contributions for medical aid, food, and clothing to relieve human suffering, subject to prescribed rules and regulations.
- Requires registration, record-keeping, and reporting for soliciting organizations.
- Prohibits unethical or wasteful methods of solicitation, such as commission-based solicitors or excessive entertainment costs.
- Exempts the American National Red Cross from these regulations.