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U.S. Code as of:
01/19/04
Section 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.
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