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

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

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

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Stable record: federal_law:legal_authorities:record_usc_7637148872894d0cad414f62
Source file: Laws/federal/codes/united-states-code/title-22/section-1975-claims-for-amounts-expended-because-of-seizure--63fa95c99d.md
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Source location: Title 22, Chapter 25, § 1975; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md

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**(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 [section 1979 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim) if the amount is transferred with respect to an unpaid claim for a reimbursement made under [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim), or (2) the separate account established in the Treasury of the United States pursuant to [section 1977(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1977/c&num=0&edition=prelim) if the amount is transferred with respect to an unpaid claim for a payment made under [section 1977(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1977/a&num=0&edition=prelim). Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country.

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

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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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. § 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

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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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

22 U.S.C. § 1971 — “Vessel of the United States” defined

For the purposes of this chapter the term “vessel of the United States” shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this chapter, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone (as defined in section 1802(8) 11 See References in Text note below. of title 16), the vessel is commanded by other than a citizen of the United States.

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

48 U.S.C. § 1901 — Approval of Compact of Free Association

**(a) Federated States of Micronesia** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. **(b) Marshall Islands** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. **(c) Reference to Compact** Any reference in this joint resolution to “the Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. **(d) Amendment, change, or termination in Compact and certain agreements** (1) Mutual agreement by the Government of the United States as provided in the Compact which results in

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48 U.S.C. § 1904 — Interpretation of and United States policy regarding Compact of Free Association

**(a) Human rights** In approving the Compact, the Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that “our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitutional government” and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Micronesia and the Marshall Islands. The Congress also notes and specifically endorses the preamble to the Compact, which affirms that the governments of the parties to the Compact are founded upon respect for human rights and fundamental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to the Congress pursuant to sections 116 and 502B of the Foreign Assistance Act of 1961 [[22 U.S.C. 2151n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151n&num=0&edition=prelim), 2304], a full and complete report regarding the status of internationally recognized human rights in the Federated States of Micronesia and the Marshall Islands. **(b) Immigration** The rights of a bona fide naturalized citizen of the Marshall Islands or the Federated States of Micronesia to enter the United States, to lawfully engage therein in occupations, and to establish residence therein as a non-immigrant, pursuant to the provisions of section 141(a)(3) of the Compact, shall not extend to any such naturalized citizen with respect to whom circumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part

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

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

Page 490 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1975 1 So in original. Probably should be ‘‘of’’. tion was made with advice and consent to 1 the Senate and was in force and effect for the United States and the seizing country at the time of the seizure. (Aug. 27, 1954, ch. 1018, § 4, 68 Stat. 883; Pub. L. 98–364, title III, § 303(b), July 17, 1984, 98 Stat. 444.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–364 substituted ‘‘any applicable con- vention or treaty, if that treaty or convention was made with advice and consent to the Senate and was in force and effect for the United States and the seizing country at the time of the seizure’’ for ‘‘any fishery convention or treaty to which the United States is a party’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–364 applicable with respect to seizures made after Apr. 1, 1983, by foreign countries of vessels of the United States, see section 303(c) of Pub. L. 98–364, set out as a note under section 1972 of this title. § 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 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 in connection with such sei- zure, and (2) take such action as he deems appropriate to make and collect claims against such for- eign 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 sub- section (a)(2)

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