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CITE

    15 USC Sec. 77                                              01/05/2009

EXPCITE

    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

HEAD

    Sec. 77. Discrimination against neutral Americans in time of war

STATUTE

      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.

SOURCE

    (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.