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22 U.S.C. § 1980a — Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law

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

22 U.S.C. § 1980a — Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law

**(a) Reimbursable fees** In any case on or after June 15, 1994, in which a vessel of the United States exercising its right of passage is charged a fee by the government of a foreign country to engage in transit passage between points in the United States (including a point in the exclusive economic zone or in an area over which jurisdiction is in dispute), and such fee is regarded by the United States as being inconsistent with international law, the Secretary of State shall, subject to the availability of appropriated funds, reimburse the vessel owner for the amount of any such fee paid under protest. **(b) Documentation** In seeking such reimbursement, the vessel owner shall provide, together with such other information as the Secretary of State may require— (1) a copy of the receipt for payment; (2) an affidavit attesting that the owner or the owner’s agent paid the fee under protest; and (3) a copy of the vessel’s certificate of documentation. **(c) Timeliness** Requests for reimbursement shall be made to the Secretary of State within 120 days after the date of payment of the fee, or within 90 days after November 3, 1995, whichever is later. **(d) Funding; appropriations** Such funds as may be necessary to meet the requirements of this section may be made available from the unobligated balance of previously appropriated funds remaining in the Fishermen’s Protective Fund established under [section 1979 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim). To the extent that requests for reimbursement under this section exceed such funds, there are authorized to be appropriated such sums as may be needed for reimbursements authorized under subsection (a), which shall be deposited in the Fishermen

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Source file: Laws/federal/codes/united-states-code/title-22/section-1980a-reimbursement-of-owner-for-fee-paid-to-navigate-foreign-waters-if-fee-in--0d0a195861.md
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Source location: Title 22, Chapter 25, § 1980a; 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. § 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

16 U.S.C. § 5501 — Purpose

It is the purpose of this chapter— (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.

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

22 U.S.C. § 1980a — Reimbursement of owner for fee paid to

Page 498 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1980a [amending this section] shall take effect January 1, 1979.’’ SAVINGS PROVISION Pub. L. 95–376, § 3(c), Sept. 18, 1978, 92 Stat. 718, pro- vided that: ‘‘Nothing in the amendment made by sub- section (a) [amending this section] shall be construed as affecting in any manner or to any extent any loan made under section 10 of the Fishermen’s Protective Act of 1967 (as in effect before January 1, 1979) [this sec- tion], and, for purposes of the consideration by the Sec- retary of Commerce of any application for a loan under such section which was filed, but not acted on, before January 1, 1979, the amendment made by subsection (a) shall not be deemed to have been enacted.’’ COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE; APPLICATION Pub. L. 96–561, title II, § 240(a), (b)(1), Dec. 22, 1980, 94 Stat. 3300, 3301, provided that: ‘‘(a) IN GENERAL.—If— ‘‘(1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before the date of the enactment of this title [Dec. 22, 1980], damage to, or loss or destruction of, such vessel or fishing gear used with such vessel, but did not apply for com- pensation therefor under section 10 of the Fisher- men’s Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in subsection (c)(1) of such section; or ‘‘(2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the enact- ment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day period prescribed in section 405(a) of such Act [43 U.S.C. 1845(a)]; such owner or operator may make applic

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