46 U.S.C. § 30915 — Seizures and other proceedings in foreign jurisdictions
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 361 words · no verdicts yet
If a foreign court seizes a U.S.-linked vessel or cargo, or sues its master, the Secretary of State can direct a U.S. consul to claim immunity and arrange its release, or to represent the U.S. and pledge to pay any judgment. The Attorney General can arrange bonds backed by U.S. credit, and the government pays certified judgments this way. The U.S. keeps its separate right to claim immunity in foreign courts.
If a vessel* or cargo described in section 30908 or 30914 of this title is arrested, attached, or otherwise seized by judicial process in a foreign country, or if an action is brought in a court of a foreign country against the master of such a vessel for a claim arising from the ownership, possession, or operation of the vessel, or the ownership, possession, or carriage of such cargo, the Secretary of State*, on request of the Attorney General or another officer authorized by the Attorney General, may direct the United States consul residing at or nearest the place at which the action was brought—
to claim the vessel or cargo as immune from arrest, attachment, or other seizure, and to execute an agreement, stipulation, bond, or undertaking, for the United States or federally-owned corporation*, for the release of the vessel or cargo and the prosecution of any appeal; or
if an action has been brought against the master of such a vessel, to enter the appearance of the United States or corporation and to pledge the credit of the United States or corporation to the payment of any judgment and costs in the action.
The Attorney General may—
arrange with a bank, surety company, or other person, whether in the United States or a foreign country, to execute a bond or stipulation; and
pledge the credit of the United States to secure the bond or stipulation.
The appropriate accounting officer of the United States or corporation may pay a judgment in an action described in subsection (a) on presentation of a copy of the judgment if certified by the clerk of the court and authenticated by—
the certificate and seal of the United States consul claiming the vessel or cargo, or by the consul’s successor; and
the certificate of the Secretary as to the official capacity of the consul.
This section does not affect the right of the United States to claim immunity of a vessel or cargo from foreign jurisdiction.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1519
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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