46 U.S.C. § 60505 — Retaliatory suspension of commercial privileges
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 246 words · no verdicts yet
The President can suspend trade privileges for a foreign country's ships. This happens if U.S. ships are denied privileges abroad that the foreign country's own ships get. Violators risk having their ship and goods seized, plus a fine or two years in prison.
(a) General Authority. The President may proclaim a suspension of commercial privileges for vessels of a foreign country, but only when two things are both true: (1) vessels of that foreign country have been given the same commercial privileges in United States ports and waters that United States vessels get, except the privilege of engaging in coastwise commerce (trade between U.S. ports); and (2) United States vessels are denied commercial privileges in that foreign country's ports or waters that the foreign country gives to its own vessels.
(b) Application. The suspension applies only to the same commercial privileges that were denied to U.S. vessels in the foreign country's ports or waters. It applies only to the same class of that foreign country's vessels as the class of U.S. vessels that was denied privileges.
(c) Effective Date. The President states the effective date of the suspension in the proclamation itself.
(d) Penalties. (1) Seizure and forfeiture: If the master, an officer, or an agent of a foreign vessel* does something for that vessel* in U.S. ports or waters that violates the proclamation, the government may seize the vessel and the goods on it, and forfeit them to the United States. (2) Fine or imprisonment: Anyone who opposes a government official enforcing this section can be fined under title 18, imprisoned for up to two years, or both.
The President may proclaim a suspension of commercial privileges to vessels of a foreign country when—
vessels of that country have been given the same commercial privileges in the ports and waters of the United States given to vessels of the United States (except the privilege of engaging in coastwise commerce); and
vessels of the United States are denied commercial privileges in the ports or waters of that country given to vessels of that country.
A suspension under this section shall apply to the same commercial privileges denied to vessels of the United States in the ports or waters of the foreign country, and to the same class of vessels of that country as the class of vessels of the United States denied the privileges.
The President shall designate the effective date of the suspension in the proclamation.
If the master, officer, or agent of a vessel* of a foreign country does an act for the vessel in the ports or waters of the United States in violation of a proclamation issued under this section, the vessel and the goods on the vessel may be seized by, and forfeited to, the United States Government.
A person opposing an official of the Government enforcing this section shall be fined under title 18, imprisoned for not more than 2 years, or both.
Source credit: (Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1681.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1681
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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