US Code Title 22 Section 401

CITE

    22 USC Sec. 401                                             01/05/2009

EXPCITE

    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 9 - FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
    SUBCHAPTER I - WAR MATERIALS

HEAD

    Sec. 401. Illegal exportation of war materials

STATUTE

    (a) Seizure and forfeiture of materials and carriers
      Whenever an attempt is made to export or ship from or take out of
    the United States any arms or munitions of war or other articles in
    violation of law, or whenever it is known or there shall be
    probable cause to believe that any arms or munitions of war or
    other articles are intended to be or are being or have been
    exported or removed from the United States in violation of law, the
    Secretary of the Treasury, or any person duly authorized for the
    purpose by the President, may seize and detain such arms or
    munitions of war or other articles and may seize and detain any
    vessel, vehicle, or aircraft containing the same or which has been
    or is being used in exporting or attempting to export such arms or
    munitions of war or other articles. The Secretary of Commerce may
    seize and detain any commodity (other than arms or munitions of
    war) or technology which is intended to be or is being exported in
    violation of laws governing such exports and may seize and detain
    any vessel, vehicle, or aircraft containing the same or which has
    been used or is being used in exporting or attempting to export
    such articles. All arms or munitions of war and other articles,
    vessels, vehicles, and aircraft seized pursuant to this subsection
    shall be forfeited.
    (b) Applicability of laws relating to seizure, forfeiture, and
      condemnation
      All provisions of law relating to seizure, summary and judicial
    forfeiture and condemnation for violation of the customs laws, the
    disposition of the property forfeited or condemned or the proceeds
    from the sale thereof; the remission or mitigation of such
    forfeitures; and the compromise of claims and the award of
    compensation to informers in respect of such forfeitures shall
    apply to seizures and forfeitures incurred, or alleged to have been
    incurred, under the provisions of this section, insofar as
    applicable and not inconsistent with the provisions hereof.
    However, with respect to seizures and forfeitures of property under
    this section by the Secretary of Commerce, such duties as are
    imposed upon the customs officer or any other person with respect
    to the seizure and forfeiture of property under the customs law may
    be performed by such officers as are designated by the Secretary of
    Commerce or, upon the request of the Secretary of Commerce, by any
    other agency that has authority to manage and dispose of seized
    property. Awards of compensation to informers under this section
    may be paid only out of funds specifically appropriated therefor.
    (c) Disposition of forfeited materials
      Arms and munitions of war forfeited under subsection (b) of this
    section shall be delivered to the Secretary of Defense for such use
    or disposition as he may deem in the public interest, or, in the
    event that the Secretary of Defense refuses to accept such arms and
    munitions of war, they shall be sold or otherwise disposed of as
    prescribed under existing law in the case of forfeitures for
    violation of the customs laws.

SOURCE

    (June 15, 1917, ch. 30, title VI, Sec. 1, 40 Stat. 223; June 17,
    1930, ch. 497, title IV, Sec. 523, 46 Stat. 740; Aug. 13, 1953, ch.
    434, Sec. 1, 67 Stat. 577; Pub. L. 105-119, title II, Sec. 211(a),
    Nov. 26, 1997, 111 Stat. 2487.)

REFERENCES IN TEXT

      The customs laws, referred to in subsecs. (b) and (c), are
    classified generally to Title 19, Customs Duties.

AMENDMENTS

      1997 - Subsec. (a). Pub. L. 105-119, which directed the amendment
    of section 401 of title 22, United States Code, by inserting "The
    Secretary of Commerce may seize and detain any commodity (other
    than arms or munitions of war) or technology which is intended to
    be or is being exported in violation of laws governing such exports
    and may seize and detain any vessel, vehicle, or aircraft
    containing the same or which has been used or is being used in
    exporting or attempting to export such articles." after first
    sentence in subsec. (a), was executed by making the insertion in
    section 1(a) of act June 15, 1917, ch. 30, which is classified to
    this section, to reflect the probable intent of Congress.
      Subsec. (b). Pub. L. 105-119, which directed the amendment of
    section 401 of title 22, United States Code, by inserting "However,
    with respect to seizures and forfeitures of property under this
    section by the Secretary of Commerce, such duties as are imposed
    upon the customs officer or any other person with respect to the
    seizure and forfeiture of property under the customs law may be
    performed by such officers as are designated by the Secretary of
    Commerce or, upon the request of the Secretary of Commerce, by any
    other agency that has authority to manage and dispose of seized
    property." after "and not inconsistent with the provisions hereof."
    in subsec. (b), was executed by making the insertion in section
    1(b) of act June 15, 1917, ch. 30, which is classified to this
    section, to reflect the probable intent of Congress.
      1953 - Act Aug. 13, 1953, provided not only seizure and
    forfeiture of articles or merchandise which are being, or are
    intended to be illegally exported, and the vehicle, vessel, or
    aircraft in which exportation is intended to accomplish, but also
    for the seizure and forfeiture of articles or merchandise actually
    illegally exported out, the carrier used to effectuate the
    exportation, provided for applicability of laws relating to
    seizure, summary and judicial forfeiture and condemnation, and
    provided for the disposition of seized materials.
      1930 - Act June 17, 1930, substituted "comptrollers of customs"
    for "Naval officers of customs".

EXECUTIVE ORDER

    EX. ORD. NO. 10863. AUTHORIZATION OF ATTORNEY GENERAL TO SEIZE ARMS
                 AND MUNITIONS OF WAR, AND OTHER ARTICLES
      Ex. Ord. No. 10863, Feb. 18, 1960, 25 F.R. 1507, provided:
      By virtue of the authority vested in me by section 1 of Title VI
    of the act of June 15, 1917, 40 Stat. 223, as amended by section 1
    of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), it is
    ordered as follows:
      Section 1. The Attorney General is hereby designated under
    section 1 of Title VI of the act of June 15, 1917, as amended by
    section 1 of the act of August 13, 1953 [this section], as a person
    duly authorized to seize and detain arms or munitions of war or
    other articles, and to seize and detain any vessel, vehicle, or
    aircraft containing such items or which has been, or is being, used
    in exporting or attempting to export such arms or munitions of war
    or other articles, whenever an attempt is made to export or ship
    from or take out of the United States such arms or munitions of war
    or other articles in violation of law, or whenever it is known, or
    there is probable cause to believe, that such arms or munitions of
    war or other articles are intended to be, or are being or have
    been, exported or removed from the United States in violation of
    law.
      Sec. 2. The authority conferred upon the Attorney General by
    section 1 of this order may be exercised by any officer of the
    Department of Justice designated for such purpose by the Attorney
    General.
                                                   Dwight D. Eisenhower.