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46 U.S.C. § 30915Seizures 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

in plain englishAI-generated · not legal advice

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.

(a) In General. Say a vessel or cargo covered by section 30908 or 30914 gets arrested, attached, or seized by a court in a foreign country — or a foreign court hears a case against that vessel's master over a claim tied to the vessel's or cargo's ownership, possession, operation, or carriage. When that happens, the Secretary of State — if the Attorney General or another authorized officer asks — can direct the nearest U.S. consul to either: (1) claim that the vessel or cargo is immune from arrest, attachment, or seizure, and sign whatever agreement, stipulation, bond, or undertaking is needed, on behalf of the United States or the federally-owned corporation, to get it released and to handle any appeal; or (2) if the case is against the vessel's master, formally appear on behalf of the United States or the corporation and pledge their credit to pay any judgment and costs. (b) Arranging Bond or Stipulation. The Attorney General can: (1) work with a bank, surety company, or anyone else — in the U.S. or abroad — to sign a bond or stipulation; and (2) pledge the credit of the United States to back that bond or stipulation. (c) Payment of Judgment. The proper U.S. or corporate accounting officer can pay a judgment from a case described in (a), once shown a copy certified by the court clerk and authenticated by: (1) the seal and certificate of the U.S. consul who claimed the vessel or cargo (or their successor); and (2) a certificate from the Secretary of State confirming that consul's official role. (d) Right To Claim Immunity Not Affected. Nothing in this section limits the United States' right to claim that a vessel or cargo is immune from a foreign court's authority.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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—

(1)

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

(2)

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.

(b)Arranging Bond or Stipulation.—

The Attorney General may—

(1)

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

(2)

pledge the credit of the United States to secure the bond or stipulation.

(c)Payment of Judgment.—

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—

(1)

the certificate and seal of the United States consul claiming the vessel or cargo, or by the consul’s successor; and

(2)

the certificate of the Secretary as to the official capacity of the consul.

(d)Right To Claim Immunity Not Affected.—

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.)

history & why it existsrecord from the source credit
  • 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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