--- kind: "range" citation: "22 U.S.C. §§ 401–408" title: "22" from: "401" to: "408" count: 5 release: "119-102" url: "https://uscodex.org/usc/22/401..408" --- # §401. Illegal exportation of war materials - (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](/usc/22/408a.md) 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](/usc/22/408a.md) in violation of law, the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/277d–43.md?p=5) 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](/usc/22/277d–43.md?p=5) 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](/usc/22/277d–43.md?p=5) of Commerce or, upon the request of the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/2431a.md?p=9) specifically appropriated therefor. - (c) **Disposition of forfeited materials—** Arms and munitions of war forfeited under [subsection (b)](#b) of this section shall be delivered to the [Secretary](/usc/22/277d–43.md?p=5) of Defense for such use or disposition as he may deem in the public interest, or, in the event that the [Secretary](/usc/22/277d–43.md?p=5) 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. # [§§402 to 405. Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577 — repealed] # §406. Interference with foreign trade Except in those cases in which the exportation of arms and munitions of war or other articles is forbidden by proclamation or otherwise by the President, as provided in [section 401 of this title](/usc/22/401.md), nothing herein contained shall be construed to extend to, or interfere with any trade in such commodities, conducted with any [foreign](/usc/22/3146.md?p=1) port or place wheresoever, or with any other trade which might have been lawfully carried on before June 15, 1917, under the law of nations, or under the treaties or conventions entered into by the [United States](/usc/22/408a.md), or under the laws thereof. # [§407. Repealed. Aug. 13, 1953, ch. 434, § 2, 67 Stat. 577 — repealed] # §408. Use of land and naval forces to prevent exportation The President may employ such part of the land or naval forces of the [United States](/usc/22/408a.md) as he may deem necessary to carry out the purposes of [sections 401 to 408](/usc/22/401..408.md) of this title.