22 U.S.C. § 1973 — Reimbursement of owner for any direct charges paid to secure release of vessel and crew
submitted 72 years ago by ch. 1018 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 351 words · no verdicts yet
The Secretary of State reimburses a United States vessel’s owners for qualifying direct charges paid to release the vessel and crew. The reimbursement becomes a lien on the vessel, but the lien ends after 90 days unless the United States starts enforcement.
(a) If a foreign country seizes a United States vessel under section 1972 and a fine, license fee, registration fee, or other direct charge must be paid for prompt release, the Secretary of State must reimburse the owners for the amount actually paid, as determined and certified by the Secretary. “Other direct charge” means any levy, however described or calculated, imposed in addition to a fine, license fee, or registration fee, including one based on the vessel’s value or fish or other property aboard. Reimbursement comes from the Fishermen’s Protective Fund under section 1979.
(b) As soon as possible after receiving notice under section 1972(b) of the amounts paid, the Secretary must determine and certify them. The reimbursement is a lien on the vessel and may be recovered in an in-rem proceeding in any federal district where the vessel is located. The lien ends 90 days after reimbursement unless the United States starts an enforcement action before then.
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 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.
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 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 subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings 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.
Source credit: (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.)
- 1954Enacted · Act of Aug. 27, 1954, ch. 1018 · 68 Stat. 883
- 1968Amended · Pub. L. 90-482 · 82 Stat. 730
- 1972Amended · Pub. L. 92-569 · 86 Stat. 1182
- 1976Amended · Pub. L. 94-265 · 90 Stat. 360
- 1984Amended · Pub. L. 98-364 · 98 Stat. 444
A history note hasn’t been published yet. The record shows enactment by ch. 1018 on 1954-08-27.
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