Neutrality Instructions
U.S. Navy
1940


Table of Contents

  Page
Opnav letter serial No. 41613 of April 10, 1940 iii
Forty Alnav of September 5, 1939 iv
PART I
Instructions concerning Neutrality Duty in connection with Visits of belligerent Ships of War and Aircraft, dated April 20, 1939 1
PART II
(Appendices consisting o flaws, proclamations, executive orders, etc.)
Appendix A. Neutrality Proclamations  
  No. 2348 of September 5, 1939--Germany-France, Poland, United Kingdom, India, Australia, New Zealand 21
  No. 2353 of September 8, 1939--Germany-South Africa 27
  No. 2359 of September 10, 1939--Germany-Canada 28
  No. 2399 of April 25, 1940--Germany-Norway 29
  No. 2405 of May 11, 1940--Germany-Belgium, Luxemburg, Netherlands 31
Appendix B. Regulations Governing Enforcement of Neutrality:  
  Executive Order No. 8233 of September 5, 1939 (Alnav 39-1939) 33
  Executive Order No. 8243 of September 8, 1939 35
  Executive Order No. 8249 of September 10, 1939 36
  Executive Order No. 8398 of April 25, 1940 37
  Executive Order No. 8406 of May 11, 1940 39
Appendix C. Regulations Concerning Neutrality Canal Zone:  
  Presidential Proclamation No. 2350 of September 5, 1939 41
Appendix D. Regulations Governing Passage and Control of Vessels through Panama Canal:  
  Executive Order No. 8234 of September 5, 1939 45
  Executive Order No. 8382 of March 25, 1940 47
Appendix E. Control of the Panama Canal and Canal Zone:  
  Executive Order No. 8232 of September 5, 1939 49
Appendix F. Limited National Emergency:  
  Presidential Proclamation No. 2352 of September 8, 1939 51
Appendix G. "Neutrality Act of 1939":  
  Public Resolution No. 54--76th Congress--November 4, 1939 53
Appendix H. State of War Proclamations:  
  Presidential Proclamation No. 2374 of November 4, 1940--Germany-France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand, Union of South Africa 63
  Presidential Proclamation No. 2398 of April 25-1940--Germany--Norway 64
  Presidential Proclamation No. 2404 of May 11, 1940--Germany--Belgium, Luxemburg and Netherlands 65
Appendix I. Use of Ports or Territorial Waters of the United States by Submarines of Foreign belligerent States:  
  Presidential Proclamation No. 2375 of November 4, 1939 67
  Presidential Proclamation No. 2400 of April 25, 1940 68
  Presidential Proclamation No. 2406 of May 11, 1940 69
Appendix J. Definition of Combat Areas:  
  Presidential Proclamation No. 2376 of November 4, 1939 71
  Presidential Proclamation No. 2394 of April 10, 1940 73
Appendix K. Small Arms on Merchant Vessels:  
  State Department Regulations of November 6, 1939 75
Appendix L. Traffic in Arms, Ammunition, Implements, and Munitions of War:  
  State Department Regulations of November 6, 1939 77
Appendix M. Passports--Vessels in Combat Areas:  
  State Department Regulations of November 6, 1939 93
Appendix N. Travel:  
  State Department Regulations of November 6, 1939 95
Appendix O. Passports--Travel:  
  State Department Regulations of November 17, 1939; December 14, 1939; January 16, 1940; April 10, 1940; April 25, 1940; and May 11, 1940 97
Appendix P. Neutrality Dut in Connection with Radio Communications: 107
Appendix Q. Extracts from Customs Regulations of the Treasury Department 115
Appendix R. Extracts from Laws of the United States Pertaining to Neutrality 117


Serial No. 41613. NAVY DEPARTMENT,
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
Washington, April 10, 1940.

From: The Chief of Naval Operations.
To: All Ships and Stations.
 
Subject: Neutrality Instructions--U.S. Navy--1940.
 
Reference: (a) Instructions concerning neutrality duty in connection with visits of belligerent ships of war and aircraft--April 20, 1939.
(b) Secnav restricted letter Serial No. 10204 of April 20, 1939.

(c) Opnav restricted letter Serial No. 10203 of April 20, 1939.
(d) Alnav 40 of September 5, 1939.
(e) Secnav despatch 0026-1330 of August 1939.
(f) Opnav letter Op-13B/PS A14-6 (1) (390420) of December 4, 1939.
(g) Opnav letter Op-13B/PS Serial No. 36413 of March 27, 1940.

1. Reference (a) was approved by the Secretary of the Navy in reference (b) and promulgated to the naval service in reference (c). The Instructions were made effective by reference (d).

2. These instructions concerning neutrality duty, including the changes made by references (e), (f), and (g) to articles 41, 17, and 24, and various acts of Congress, Presidential proclamations and Executive orders on the subject are printed herewith in one publication for convenient reference. This publication will be known as "Neutrality Instructions, United States Navy, 1940."

Department Distribution: I, II, III, IV, V, VI (a), (b), (c), (d), (g), (h), and (i), VII, VIII (k), (1), IX.

(Signed) H. R. STARK.

--III--

40 ALNAV OF SEPTEMBER 5, 1939

NEUTRALITY INSTRUCTIONS TO NAVAL SERVICE

Reference: Alnavs 38 and 39.

1. The instructions concerning neutrality duty in connection with visits of belligerent ships of war and aircraft, April 20, 1939, and promulgated in Opnavs Serial No. 10203 of April 20, 1939, shall be placed in effect.

2. Until further orders the Navy's activities in the enforcement of neutrality will be limited to the functions prescribed for the Navy in paragraphs 2, 4 and 6 of Executive Order No. 8233 of September 5, 1939, and in connection with foreign public aircraft authorized to land or landing at naval ah* stations and in waters under the jurisdiction of the United States.

3. All commanders shall insure strict observance of neutrality by their subordinates. Despatches and correspondence relating to the enforcement of neutrality should normally be placed in a restricted classification.

Acting Secretary of the Navy.

--IV--

Transcribed and formatted by Patrick Clancey, HyperWar Foundation