Proclamation No. 197, s. 1937

MALACAÑANG PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

Proclamation No. 197

PUBLISHING THE PROCLAMATION OF THE PRESIDENT OF THE UNITED STATES, DATED MAY 1, 1937, DECLARING THAT THE ARTICLES LISTED THEREIN SHALL, ON AND AFTER JUNE 1, 1937, BE CONSIDERED ARMS, AMMUNITION, AND IMPLEMENTS OF WAR FOR THE PURPOSES OF SECTION 5 OF THE JOINT RESOLUTION OF CONGRESS OF MAY 1, 1937.

Whereas, the President of the United States issued on May first, nineteen hundred and thirty-seven, the following Proclamation:

"Whereas section 5 of the joint resolution of Congress approved May 1, 1937, amending the joint resolution entitled ‘Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, am­munition, or implements of war; and restricting travel by American citizens on belligerent ships during war,’ approved August 31, 1935, as amended February 29, 1936, provides in part as follows:

" ‘The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section.’

"Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution of Congress, and pursuant to the recommendation of the National Munitions Control Board, declare and proclaim that the articles listed below shall, on and after June 1, 1937, be considered arms, ammunition, and implements of war for the purposes of section 5 of the said joint resolution of Congress:

"Category I

(1) Rifles and carbines using ammunition in excess of caliber .22, and barrels for those weapons;

(2) Machine guns, automatic or autoloading rifles, and machine pistols using ammunition in excess of caliber .22, and barrels for those weapons;

(3) Guns, howitzers, and mortars of all calibers, their mountings and barrels;

(4) Ammunition in excess of caliber .22 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for such ammunition; filled and unfilled projectiles for the arms enumerated under (3) above;

(5) Grenades, bombs, torpedoes, mines, and depth charges, filled or unfilled, and apparatus for their use or discharge;

(6) Tanks, military armored vehicles, and armored trains.

"Category II

Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.

"Category III

(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, which are designed, adapted, and intended for aerial combat by the use of machine guns or of artillery or for the carrying and dropping of bombs, or which are equipped with, or which by reason of design or construction are prepared for, any of the appliances referred to in paragraph (2) below:

(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.

"Category IV

(1) Revolvers and automatic pistols using ammunition in excess of caliber .22;

(2) Ammunition in excess of caliber .22 for the arms enumerated under (1) above, and cartridge cases or bullets for such ammunition.

"Category V

(1) Aircraft, unassembled, assembled, or dismantled, both heavier and lighter than air, other than those included in Category III;

(2) Propellers or air screws, fuselages, hulls, wings, tail units, and under-carriage units;

(3) Aircraft engines, unassembled, assembled, or dismantled.

"Category VI

(1) Livens projectors and flame throwers;

(2) a. Mustard gas (dichlorethyl sulphide) ;

b. Lewisite (chlorvinyldichlorarsine and dichlordivinylchlorarsine) ;

c. Methyldichlorarsine;

d. Diphenylchlorarsine;

e. Diphenylcyanarsine;

f. Diphenylaminechlorarsine;

g. Phenyldichlorarsine;

h. Ethyldichlorarsine;

i. Phenyldibromarsine;

j. Ethyldibromarsine;

k. Phosgene;

l. Monochlormethylchlorformate;

m. Trichlormethylchlorformate (diphosgene);

n. Dichlordimethyl Ether;

o. Dibromdimethyl Ether;

p. Cyanogen Chloride;

q. Ethylbromacetate

r. Ethyliodoacetate;

s. Brombenzylcyanide;

t. Bromacetone;

u. Brommethylethyl ketone.

"Category VII

(1) Propellant powders;

(2) High explosives as follows:

a. Nitrocellulose having a nitrogen content of more than 12 per cent;

b. Trinitrotoluene; c. Trinitroxylene; d. Tetryl (trinitrophenol methyl nitramine or tetranitro methylaniline) ; e. Picric acid; f. Ammonium picrate; g. Trinitroanisol; h. Trinitronaphthalene; i. Tetranitronaphthalene; j. Hexanitrodiphenylamine; k. Pentaerythritetetranitrate (Penthrite or Pentrite) ; l. Trimethylenetrinitramine (Hexogen or T₄) ; m. Potassium nitrate powders (black saltpeter powder) ; n. Sodium nitrate powders (black soda powder) ; o. Amatol (mixture of ammonium nitrate and trinitrotoluene) ; p. Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients) ; q. Schneiderite (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients).

"This proclamation shall supersede the proclamation of April 10, 1936, entitled ‘Enumeration of Arms, Ammunition, and Implements of War,’ on June 1, 1937.

"In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

"Done at the City of Washington this first day of May, in the year of our Lord nineteen hundred and thirty-seven, and of the Independence of the United States of America the one hundred and sixty-first.

"FRANKLIN D. ROOSEVELT

"By the President:

"CORDELL HULL
"Secretary of State."

And whereas, section thirteen of the Joint Resolution of Congress of May first, nineteen hundred and thirty-seven, provides in part as follows:

"(a) The term ‘the United States,’ when used in a geographical sense, includes the several states and Territories, the insular pessessions of the United States (including the Philippine Islands), the Canal Zone, and District of Columbia."

Now, therefore, be it known that I, Manuel L. Quezon, President of the Philippines, have caused the said Proclamation to be made public, to the end that the same and every clause thereof may be observed and fulfilled in good faith by the Philippines and the inhabitants thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the Commonwealth of the Philippines to be affixed

Done at the City of Manila, this third day of September, in the year of Our Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second.

MANUEL L. QUEZON
President of the Philippines

By the President:

ELPIDIO QUIRINO
Secretary of the Interior