
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC1972]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
 CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL 
                       WATERS OF FOREIGN COUNTRIES
 
Sec. 1972. Action by Secretary of State upon seizure of vessel 
        by foreign country; preconditions
        
    If--
        (1) any vessel of the United States is seized by a foreign 
    country on the basis of claims to jurisdiction that are not 
    recognized by the United States, or on the basis of claims to 
    jurisdiction recognized by the United States but exercised in a 
    manner inconsistent with international law as recognized by the 
    United States; \1\
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    \1\ So in original. Probably should be followed by ``or''.
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        (2) any general claim of any foreign country to exclusive 
    fishery management authority is recognized by the United States, and 
    any vessel of the United States is seized by such foreign country on 
    the basis of conditions and restrictions under such claim, if such 
    conditions and restrictions--
            (A) are unrelated to fishery conservation and management,
            (B) fail to consider and take into account traditional 
        fishing practices of vessels of the United States,
            (C) are greater or more onerous than the conditions and 
        restrictions which the United States applies to foreign fishing 
        vessels subject to the exclusive fishery management authority of 
        the United States (as established in title I of the Magnuson-
        Stevens Fishery Conservation and Management Act [16 U.S.C. 1811 
        et seq.]), or
            (D) fail to allow fishing vessels of the United States 
        equitable access to fish subject to such country's exclusive 
        fishery management authority;

the Secretary of State, unless there is clear and convincing credible 
evidence that the seizure did not meet the requirements under paragraph 
(1) or (2), as the case may be, shall immediately take such steps as are 
necessary--
        (i) for the protection of such vessel and for the health and 
    welfare of its crew;
        (ii) to secure the release of such vessel and its crew; and
        (iii) to determine the amount of any fine, license, fee, 
    registration fee, or other direct charge reimbursable under section 
    1973(a) of this title.

(Aug. 27, 1954, ch. 1018, Sec. 2, 68 Stat. 883; Pub. L. 92-569, Sec. 1, 
Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94-265, title IV, Sec. 403(a)(1), 
Apr. 13, 1976, 90 Stat. 360; Pub. L. 96-561, title II, Sec. 238(b), Dec. 
22, 1980, 94 Stat. 3300; Pub. L. 98-364, title III, Sec. 303(a), July 
17, 1984, 98 Stat. 444; Pub. L. 104-208, div. A, title I, Sec. 101(a) 
[title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

                       References in Text

    The Magnuson-Stevens Fishery Conservation and Management Act, 
referred to in par. (2)(C), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 
331, as amended. Title I of the Act is classified generally to 
subchapter II (Sec. 1811 et seq.) of chapter 38 of Title 16, 
Conservation. For complete classification of this Act to the Code, see 
Short Title note set out under section 1801 of Title 16 and Tables.


                               Amendments

    1996--Par. (2)(C). Pub. L. 104-208 substituted ``Magnuson-Stevens 
Fishery'' for ``Magnuson Fishery''.
    1984--Pub. L. 98-364, in par. (1), substituted ``any vessel of the 
United States is seized by a foreign country on the basis of claims to 
jurisdiction that are not recognized by the United States, or on the 
basis of claims to jurisdiction recognized by the United States but 
exercised in a manner inconsistent with international law as recognized 
by the United States;'' for ``any vessel of the United States is seized 
by a foreign country on the basis of claims in territorial waters or the 
high seas which are not recognized by the United States; or'', and in 
provisions following par. (2)(D), substituted ``the Secretary of State, 
unless there is clear and convincing credible evidence that the seizure 
did not meet the requirements under paragraph (1) or (2), as the case 
may be, shall immediately take such steps as are necessary'' for ``and 
there is no dispute as to the material facts with respect to the 
location or activity of such vessel at the time of such seizure, the 
Secretary of State shall immediately take such steps as are necessary''.
    1980--Par. (2)(C). Pub. L. 96-561 substituted ``Magnuson Fishery 
Conservation and Management Act'' for ``Fishery Conservation and 
Management Act of 1976''.
    1976--Pub. L. 94-265 redesignated existing subsecs. (a) and (b) as 
pars. (1) and (2), respectively, and, in par. (1) struck out reference 
to rights in territorial waters, and in par. (2) substituted provisions 
relating to any general claim of any foreign country, conditions, and 
restrictions of seizure, lack of dispute as to material facts, and steps 
authorized for Secretary of State upon seizure, for provisions relating 
to lack of dispute as to material facts and actions authorized for 
Secretary of State upon seizure.
    1972--Subsec. (b). Pub. L. 92-569 required the Secretary of State to 
take appropriate action to immediately ascertain the fees, fines, and 
other direct charges paid by a United States vessel owner to the seizing 
foreign country for the release of the vessel and its crew.


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.


                    Effective Date of 1984 Amendment

    Section 303(c) of Pub. L. 98-364 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1974 
of this title] apply with respect to seizures made after April 1, 1983, 
by foreign countries of vessels of the United States.''


                    Effective Date of 1980 Amendment

    Section 238(b) of Pub. L. 96-561 provided that the amendment made by 
that section is effective 15 days after Dec. 22, 1980.


                    Effective Date of 1976 Amendment

    Section 403(b) of Pub. L. 94-265 provided in part that the amendment 
made by section 403(a)(1) of Pub. L. 94-265 to this section was to take 
effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. 
L. 94-265 by Pub. L. 104-297.


                    Effective Date of 1972 Amendment

    Section 6 of Pub. L. 92-569 provided that: ``The amendments made by 
this Act [enacting section 1979 of this title and amending this section 
and sections 1973, 1975, and 1977 of this title] shall apply with 
respect to seizures of vessels of the United States occurring on or 
after the date of the enactment of this Act [Oct. 26, 1972]; except that 
reimbursements under section 3 of the Fishermen's Protective Act of 1967 
[section 1973 of this title] (as in effect before such date of enactment 
[Oct. 26, 1972]) may be made from the fund established by the amendment 
made by section 5 of this Act [enacting section 1979 of this title] with 
respect to any seizure of a vessel occurring before such date of 
enactment [Oct. 26, 1972] and after December 31, 1970, if no 
reimbursement was made before such date of enactment [Oct. 26, 1972].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1973, 1977 of this title; 
title 16 section 973a.
