_Control of Carriage by American Vessels_: The Neutrality Act of 1935 had provided that, following a presidential finding of the existence of war between two foreign states, it would be unlawful for any American vessel to carry any arms to any port of the belligerent or to any neutral port for trans-shipment to, or for the use of, belligerents.[412] Penalty for violation of this prohibition might include $10,000 fine, five years imprisonment, and, in addition, the vessel, her tackle, apparel, furniture, equipment and armaments would be forfeited to the United States.[413] In addition vessels were prohibited from carrying war material to belligerent warships which presumably would effect transfer at sea. If the President or his delegate had adequate reason to believe a ship about to carry war material to a belligerent warship, he could prohibit departure; or if the evidence did not warrant this, the owner or commander could be required to give a bond to the United States, with sufficient sureties, in whatever amount the President deemed proper, conditioned so that the vessel would not deliver the men or the cargo, or any part thereof, to any warship. Evasion of this prohibition subjected a vessel to the possibility of being confined to port for the duration of the war.[414] Application of this Act to Spain was effected by a Joint Resolution of January 8, 1937.[415] The prohibition of American carriage of war material to belligerents in international or civil war was rephrased in the 1937 amendments to the Act but kept essentially intact. Section 10 of the 1937 Act explicitly prohibited the arming of American vessels engaged in commerce with any belligerent state, or any state wherein civil strife exists.[416] President Roosevelt immediately issued a Proclamation finding the existence of civil war in Spain, promulgating a list of articles to be considered material of war, and prohibiting their carriage to Spain by American vessels.[417] The Neutrality Act was made more stringent in November 1939. While it was unlawful to export or transport war materials from the United States to a belligerent until all right, title, and interest therein had been transferred to some foreign government,[418] it was unlawful for American vessels to carry _any_ passengers or _any_ articles or materials to _any_ belligerent.[419] Furthermore, the President was empowered to define combat areas, from which American vessels were by law excluded. The prohibition against arming American merchant vessels was continued. In August 1940, following the fall of France, and while the British prepared for a German channel invasion, the Act was liberalized to permit American vessels in ballast, unarmed and not under convoy to transport refugee children, under sixteen years of age, from war zones, or combat areas if the vessel were proceeding under safe conduct granted by all of the States named in the proclamations.[420]