22 U.S.C. § 1974 — Inapplicability of chapter to certain sei-

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 after December 31, 1970, if no reimbursement was made before such date of enact- ment [Oct. 26, 1972].’’ § 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 reimburse- ment In any case where a vessel of the United States is seized by a foreign country under the condi- tions of section 1972 of this title and a fine, li- cense fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the own- ers of the vessel shall be reimbursed by the Sec- retary 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 sec- tion, the term ‘‘other direct charge’’ means any levy, however characterized or computed (in- cluding, 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 Pro- tective Fund established pursuant to section 1979 of this title. (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 deter- mination and certification under subsection (a) of this section as soon as possible after he is no- tified pursuant to section 1972(b) of this title of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of State to the owners of any vessel under sub- section (a) of this section shall constitute a lien on the vessel which may be recovered in pro- ceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of State reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien. (Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883; Pub. L. 90–482, § 2, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 2, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(2), Apr. 13, 1976, 90 Stat. 360; Pub. L. 98–364, title III, § 302(a), July 17, 1984, 98 Stat. 444.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–364, § 302(a)(1), sub- stituted ‘‘Secretary of State in the amount determined and certified by him’’ for ‘‘Secretary of the Treasury in the amount certified to him by the Secretary of State’’. Subsec. (b). Pub. L. 98–364, § 302(a)(2), inserted ‘‘deter- mination and’’ before ‘‘certification’’ in first sentence, and substituted ‘‘State’’ for ‘‘the Treasury’’ in second and third sentences. 1976—Subsec. (a). Pub. L. 94–265 inserted definition of ‘‘other direct charge’’. 1972—Pub. L. 92–569 designated existing provisions as subsec. (a), inserted provision that reimbursement under this section shall be made from the Fishermen’s Protective Fund, and added subsec. (b). 1968—Pub. L. 90–482 inserted ‘‘, license fee, registra- tion fee, or any other direct charge’’ after ‘‘fine’’ wher- ever appearing. Statutory Notes and Related Subsidiaries 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)(2) of Pub. L. 94–265 to this section was to apply with respect to seizures of vessels of the United States occurring on or after Dec. 31, 1974, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–569 applicable with respect to seizure of vessels of the United States occurring on or after Oct. 26, 1972, except that reimbursements under this section may be made from the fund established by section 1979 of this title with respect to seizure of ves- sels occurring after Dec. 31, 1970 and before Oct. 26, 1972 if no reimbursement was made before Oct. 26, 1972, see section 6 of Pub. L. 92–569, set out as a note under sec- tion 1972 of this title. § 1974. Inapplicability of chapter to certain sei- zures 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 conven- 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) 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 appro- priated by Congress and programed for the cur- rent fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] unless the President certifies to the Congress that it is in the national interest not to do so in the par- ticular instance (and if such funds are insuffi- cient 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 if the amount is transferred with respect to an unpaid claim for a reimbursement made under section 1973 of this title, or (2) the separate account es- tablished in the Treasury of the United States pursuant to section 1977(c) of this title if the amount is transferred with respect to an unpaid claim for a payment made under section 1977(a) of this title. Amounts transferred under this sec- tion shall not constitute satisfaction of any such claim of the United States against such foreign country. (Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883; Pub. L. 90–482, § 3, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 3, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 98–364, title III, § 302(b), July 17, 1984, 98 Stat. 444.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. AMENDMENTS 1984—Subsec. (a)(1)(A). Pub. L. 98–364 substituted ‘‘him’’ for ‘‘the Secretary of the Treasury’’. 1972—Pub. L. 92–569 substituted provisions that the Secretary of State notify the foreign country of reim- bursements made under section 1973 of this title and payments made under section 1977 of this title, take ap- propriate action to make and collect claims against such foreign country and on failure to receive payment or on refusal to pay within 120 days after the notifica- tion, transfer an amount equal to the unpaid amount from funds programmed for assistance to that country to the Fishermen’s Protective Fund or the separate ac- count in the Treasury as the case may be, and in the case of inadequate funds programmed in the current fiscal year make the deduction from succeeding fiscal years, with exception that no such transfer be made when the President certifies to Congress that it is in the national interest not to do so, for provisions that the Secretary of State take appropriate action to col- lect claims against such foreign country and withhold amounts equal to the unpaid claims from the foreign assistance programmed for that fiscal year when such country fails or refuses to pay within 120 days of re- ceipt of notice of claim. 1968—Pub. L. 90–482 inserted provisions authorizing the Secretary to act when payments are made pursuant to section 1977 of this title, and provisions authorizing the Secretary to withhold the amount of any unpaid claim against the foreign country from the foreign as- sistance funds programed for that country, such amounts withheld not to constitute satisfaction of any unpaid claim. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–569 applicable with respect to seizures of vessels of the United States occurring on or after Oct. 26, 1972, see section 6 of Pub. L. 92–569, set out as a note under section 1972 of this title. Executive Documents EX. ORD. NO. 11772. DELEGATION OF CERTAIN AUTHORITY OF PRESIDENT TO SECRETARY OF STATE Ex. Ord. No. 11772, Mar. 21, 1974, 39 F.R. 10879, pro- vided: By virtue of the authority vested in me by the Fish- ermen’s Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and Section 301 of Title 3 of the United