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22 U.S.C. § 1974 — Inapplicability of chapter to certain seizures
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any applicable convention or treaty, if that treaty or convention was made with advice and consent to 11 So in original. Probably should be “of”. the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.
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Source file: Laws/federal/codes/united-states-code/title-22/section-1974-inapplicability-of-chapter-to-certain-seizures--4305f84f7b.md
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Source location: Title 22, Chapter 25, § 1974; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md
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The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any applicable convention or treaty, if that treaty or convention was made with advice and consent to 11 So in original. Probably should be “of”. the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.
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Federal law — U.S. Code and appendices · legal_authorities
If—
(1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States; 11 So in original. Probably should be followed by “or”.
(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—
(A) are unrelated to fishery conservation and management,
(B) fail to consider and take into account traditional fishing practices of vessels of the United States,
(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim) et seq.]), or
(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority;
the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary—
(i) for the protection of such vessel and for the health and welfare of its crew;
(ii) to secure the release of such vessel and its crew; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1972
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Federal law — U.S. Code and appendices · legal_authorities
Page 489
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 1974
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–364, title III, § 303(c), July 17, 1984, 98 Stat.
445, provided that: ‘‘The amendments made by sub-
sections (a) and (b) [amending this section and section
1974 of this title] apply with respect to seizures made
after April 1, 1983, by foreign countries of vessels of the
United States.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat.
3300, provided that the amendment made by that sec-
tion is effective 15 days after Dec. 22, 1980.
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–265, title IV, § 403(b), Apr. 13, 1976, 90 Stat.
360, provided in part that the amendment made by sec-
tion 403(a)(1) of Pub. L. 94–265 to this section was to
take effect Mar. 1, 1977, prior to the general amendment
of title IV of Pub. L. 94–265 by Pub. L. 104–297.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–569, § 6, Oct. 26, 1972, 86 Stat. 1183, provided
that: ‘‘The amendments made by this Act [enacting
section 1979 of this title and amending this section and
sections 1973, 1975, and 1977 of this title] shall apply
with respect to seizures of vessels of the United States
occurring on or after the date of the enactment of this
Act [Oct. 26, 1972]; except that reimbursements under
section 3 of the Fishermen’s Protective Act of 1967 [sec-
tion 1973 of this title] (as in effect before such date of
enactment [Oct. 26, 1972]) may be made from the fund
established by the amendment made by section 5 of this
Act [enacting section 1979 of this title] with respect to
any seizure of a vessel occurring before such date of en-
actment [Oct. 26, 1972] and afte
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1974
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.