22 U.S.C. § 1972 — Action by Secretary of State upon seizure

Page 488 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1972 1 So in original. Probably should be followed by ‘‘or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. 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 1978 AMENDMENT Pub. L. 95–541, § 14(b), Oct. 28, 1978, 92 Stat. 2057, pro- vided that the amendment made by section 14(a) of Pub. L. 95–541, amending this section, was to take ef- fect Jan. 1, 1978, prior to the general amendment by Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–450, title I, § 101, Nov. 7, 2000, 114 Stat. 1941, provided that: ‘‘This title [amending section 1977 of this title] may be cited as the ‘Fishermen’s Protec- tive Act Amendments of 2000’.’’ SHORT TITLE Pub. L. 90–482, § 4, Aug. 12, 1968, 82 Stat. 730, provided that: ‘‘The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971–1976), as amended by this Act [this chapter], may be cited as the ‘Fishermen’s Protective Act of 1967’.’’ § 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 ju- risdiction recognized by the United States but exercised in a manner inconsistent with inter- national law as recognized by the United States; 1 (2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any ves- sel of the United States is seized by such for- eign country on the basis of conditions and re- strictions 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 sub- ject to the exclusive fishery management authority of the United States (as estab- lished in title I of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1811 et seq.]), or (D) fail to allow fishing vessels of the United States equitable access to fish sub- ject to such country’s exclusive fishery man- agement 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 (iii) to determine the amount of any fine, li- cense, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title. (Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Pub. L. 92–569, § 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98–364, title III, § 303(a), July 17, 1984, 98 Stat. 444; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2)(C), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title I of the Act is classified generally to subchapter II (§ 1811 et seq.) of chapter 38 of Title 16, Conservation. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. AMENDMENTS 1996—Par. (2)(C). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1984—Pub. L. 98–364, in par. (1), substituted ‘‘any ves- sel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not rec- ognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but ex- ercised in a manner inconsistent with international law as recognized by the United States;’’ for ‘‘any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or’’, and in provisions following par. (2)(D), substituted ‘‘the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the re- quirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary’’ for ‘‘and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary’’. 1980—Par. (2)(C). Pub. L. 96–561 substituted ‘‘Magnu- son Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. 1976—Pub. L. 94–265 redesignated existing subsecs. (a) and (b) as pars. (1) and (2), respectively, and, in par. (1) struck out reference to rights in territorial waters, and in par. (2) substituted provisions relating to any gen- eral claim of any foreign country, conditions, and re- strictions of seizure, lack of dispute as to material facts, and steps authorized for Secretary of State upon seizure, for provisions relating to lack of dispute as to material facts and actions authorized for Secretary of State upon seizure. 1972—Subsec. (b). Pub. L. 92–569 required the Sec- retary of State to take appropriate action to imme- diately ascertain the fees, fines, and other direct charges paid by a United States vessel owner to the seizing foreign country for the release of the vessel and its crew. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided 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-