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22 U.S.C. § 1973 — Reimbursement of owner for any direct charges paid to secure release of vessel and crew

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1973 — Reimbursement of owner for any direct charges paid to secure release of vessel and crew

**(a) Reimbursement by Secretary of State; “other direct charge” defined; source of reimbursement** In any case where a vessel of the United States is seized by a foreign country under the conditions of [section 1972 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim) and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of State in the amount determined and certified by him as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. For purposes of this section, the term “other direct charge” means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee. Any reimbursement under this section shall be made from the Fishermen’s Protective Fund established pursuant to [section 1979 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim). **(b) Determination and certification of charges by Secretary of State; reimbursement as lien on vessel; termination of lien** The Secretary of State shall make a determination and certification under subsection (a) of this section as soon as possible after he is notified pursuant to [section 1972(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972/b&num=0&edition=prelim) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the

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Source file: Laws/federal/codes/united-states-code/title-22/section-1973-reimbursement-of-owner-for-any-direct-charges-paid-to-secure-release-of--a41c14a9bb.md
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Source location: Title 22, Chapter 25, § 1973; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1979 — Fishermen’s Protective Fund

There is created a Fishermen’s Protective Fund which shall be used by the Secretary of State to reimburse owners of vessels for amounts determined and certified by him under [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim). The amount of any claim or portion thereof collected by the Secretary of State from any foreign country pursuant to [section 1975(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1975/a&num=0&edition=prelim) shall be deposited in the fund and shall be available for the purpose of reimbursing vessel owners under [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim); except that if a transfer to the fund was made pursuant to [section 1975(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1975/b/1&num=0&edition=prelim) with respect to any such claim, an amount from the fund equal to the amount so collected shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fund (1) the sum of $3,000,000 to provide initial capital, and (2) such additional sums as may be necessary from time to time to supplement the fund in order to meet the requirements of the fund.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1972 — Action by Secretary of State upon seizure of vessel by foreign country; preconditions

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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1975 — Claims for amounts expended because of seizure

**(a) Action by Secretary** The Secretary of State shall— (1) immediately notify a foreign country of— (A) any reimbursement made by him under [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim) as a result of the seizure of a vessel of the United States by such country, (B) any payment made pursuant to [section 1977 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1977&num=0&edition=prelim) in connection with such seizure, and (2) take such action as he deems appropriate to make and collect claims against such foreign country for the amounts so reimbursed and payments so made. **(b) Withholding amount of unpaid claim from foreign assistance funds** If a foreign country fails or refuses to make payment in full on any claim made under subsection (a)(2) of this section within one hundred and twenty days after the date on which such country is notified pursuant to subsection (a)(1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] unless the President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen’s Protective Fund established pursuant to [

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1977 — Reimbursement for seized commercial fishermen

**(a) Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income** The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provision of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of [section 1972 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim), the Secretary shall guarantee— (1) the owner of such vessel for all actual costs, except those covered by [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim), incurred by the owner during the seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities; (2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and (3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of State, based on the value of the average catch per day’s fishing during the three most recent calendar years immediately

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1977

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1973 — Reimbursement of owner for any direct

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

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