22 U.S.C. § 1972 — Action by Secretary of State upon seizure of vessel by foreign country; preconditions
submitted 72 years ago by ch. 1018 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 293 words · no verdicts yet
When a foreign country seizes a United States vessel under the specified jurisdiction or fishery conditions, the Secretary of State must promptly protect the vessel and crew, seek their release, and determine reimbursable charges unless clear and convincing evidence shows the conditions were not met.
If (1) a foreign country seizes a United States vessel based on jurisdiction the United States does not recognize, or based on recognized jurisdiction exercised inconsistently with international law as the United States recognizes it; or (2) the United States recognizes the country’s general exclusive fishery-management claim but the country seizes the vessel under conditions that (A) are unrelated to conservation or management, (B) ignore traditional United States vessel fishing practices, (C) are more burdensome than conditions the United States applies to foreign vessels under its exclusive authority, or (D) deny United States vessels equitable access to fish under that authority, then the Secretary of State must immediately take necessary steps unless clear and convincing credible evidence shows the seizure did not meet paragraph (1) or (2). The steps must: (i) protect the vessel and the crew’s health and welfare; (ii) secure release of the vessel and crew; and (iii) determine fines, license fees, registration fees, or other direct charges reimbursable under section 1973(a).
If—
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; 1
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—
are unrelated to fishery conservation and management,
fail to consider and take into account traditional fishing practices of vessels of the United States,
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 et seq.]), or
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—
for the protection of such vessel and for the health and welfare of its crew;
to secure the release of such vessel and its crew; and
to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title.
Source credit: (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.)
- 1954Enacted · Act of Aug. 27, 1954, ch. 1018 · 68 Stat. 883
- 1972Amended · Pub. L. 92-569 · 86 Stat. 1182
- 1976Amended · Pub. L. 94-265 · 90 Stat. 360
- 1980Amended · Pub. L. 96-561 · 94 Stat. 3300
- 1984Amended · Pub. L. 98-364 · 98 Stat. 444
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009, 3009
A history note hasn’t been published yet. The record shows enactment by ch. 1018 on 1954-08-27.
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