22 U.S.C. § 8143 — Specific enforcement

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 204 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal district courts can hear lawsuits to stop violations of sections 8124 or 8141. They can also force compliance with this chapter or the Additional Protocol. The government can sue where the violation happened or where the defendant is found.

(a) Jurisdiction: Federal district courts have power to hear civil lawsuits brought by the head of the designated agency. These lawsuits can (1) stop conduct that violates section 8124 or 8141, or (2) force someone to take an action required by this chapter or the Additional Protocol. (b) Civil actions: (1) Where to sue: For a lawsuit to stop a violation, the agency can sue in the district where the violation happened, or where the defendant is found or does business. For a lawsuit to force compliance, the agency can sue where the defendant is found or does business. (2) Service of process: In either kind of lawsuit, papers can be served on the defendant wherever they live or can be found.

the actual law source: uscode.house.gov ↗public domain

(a) Jurisdiction

The district courts of the United States shall have jurisdiction over civil actions brought by the head of an executive agency designated under section 8111(a) of this title—

(1)

to restrain any conduct in violation of section 8124 of this title or section 8141 of this title; or

(2)

to compel the taking of any action required by or under this chapter or the Additional Protocol.

(b) Civil actions

(1) In general

A civil action described in subsection (a) may be brought—

(A)

in the case of a civil action described in paragraph (1) of such subsection, in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 8124 of this title or section 8141 of this title occurred or in which the defendant is found or transacts business; or

(B)

in the case of a civil action described in paragraph (2) of such subsection, in the United States district court for the judicial district in which the defendant is found or transacts business.

(2) Service of process

In any such civil action, process shall be served on a defendant wherever the defendant may reside or may be found.

Source credit: (Pub. L. 109–401, title II, § 243, Dec. 18, 2006, 120 Stat. 2749.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-401 · 120 Stat. 2749

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-401 on 2006-12-18.

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