
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: 22USC1975]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
 CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL 
                       WATERS OF FOREIGN COUNTRIES
 
Sec. 1975. Claims for amounts expended because of seizure


(a) Action by Secretary

    The Secretary of State shall--
        (1) immediately notify a foreign country of--
            (A) any reimbursement made by him under section 1973 of this 
        title as a result of the seizure of a vessel of the United 
        States by such country,
            (B) any payment made pursuant to section 1977 of this title 
        in connection with such seizure, and

        (2) take such action as he deems appropriate to make and collect 
    claims against such foreign country for the amounts so reimbursed 
    and payments so made.

(b) Withholding amount of unpaid claim from foreign assistance funds

    If a foreign country fails or refuses to make payment in full on any 
claim made under subsection (a)(2) of this section within one hundred 
and twenty days after the date on which such country is notified 
pursuant to subsection (a)(1) of this section, the Secretary of State 
shall transfer an amount equal to such unpaid claim or unpaid portion 
thereof from any funds appropriated by Congress and programed for the 
current fiscal year for assistance to the government of such country 
under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] unless 
the President certifies to the Congress that it is in the national 
interest not to do so in the particular instance (and if such funds are 
insufficient to cover such claim, transfer shall be made from any funds 
so appropriated and programed for the next and any succeeding fiscal 
year) to (1) the Fishermen's Protective Fund established pursuant to 
section 1979 of this title if the amount is transferred with respect to 
an unpaid claim for a reimbursement made under section 1973 of this 
title, or (2) the separate account established in the Treasury of the 
United States pursuant to section 1977(c) of this title if the amount is 
transferred with respect to an unpaid claim for a payment made under 
section 1977(a) of this title. Amounts transferred under this section 
shall not constitute satisfaction of any such claim of the United States 
against such foreign country.

(Aug. 27, 1954, ch. 1018, Sec. 5, 68 Stat. 883; Pub. L. 90-482, Sec. 3, 
Aug. 12, 1968, 82 Stat. 730; Pub. L. 92-569, Sec. 3, Oct. 26, 1972, 86 
Stat. 1182; Pub. L. 98-364, title III, Sec. 302(b), July 17, 1984, 98 
Stat. 444.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. (b), is 
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to chapter 32 (Sec. 2151 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2151 of this title and Tables.


                               Amendments

    1984--Subsec. (a)(1)(A). Pub. L. 98-364 substituted ``him'' for 
``the Secretary of the Treasury''.
    1972--Pub. L. 92-569 substituted provisions that the Secretary of 
State notify the foreign country of reimbursements made under section 
1973 of this title and payments made under section 1977 of this title, 
take appropriate action to make and collect claims against such foreign 
country and on failure to receive payment or on refusal to pay within 
120 days after the notification, transfer an amount equal to the unpaid 
amount from funds programmed for assistance to that country to the 
Fishermen's Protective Fund or the separate account in the Treasury as 
the case may be, and in the case of inadequate funds programmed in the 
current fiscal year make the deduction from succeeding fiscal years, 
with exception that no such transfer be made when the President 
certifies to Congress that it is in the national interest not to do so, 
for provisions that the Secretary of State take appropriate action to 
collect claims against such foreign country and withhold amounts equal 
to the unpaid claims from the foreign assistance programmed for that 
fiscal year when such country fails or refuses to pay within 120 days of 
receipt of notice of claim.
    1968--Pub. L. 90-482 inserted provisions authorizing the Secretary 
to act when payments are made pursuant to section 1977 of this title, 
and provisions authorizing the Secretary to withhold the amount of any 
unpaid claim against the foreign country from the foreign assistance 
funds programed for that country, such amounts withheld not to 
constitute satisfaction of any unpaid claim.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-569 applicable with respect to seizures of 
vessels of the United States occurring on or after Oct. 26, 1972, see 
section 6 of Pub. L. 92-569, set out as a note under section 1972 of 
this title.

  Ex. Ord. No. 11772. Delegation of Certain Authority of President to 
                           Secretary of State

    Ex. Ord. No. 11772, Mar. 21, 1974, 39 F.R. 10879, provided:
    By virtue of the authority vested in me by the Fishermen's 
Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and 
Section 301 of Title 3 of the United States Code, and as President of 
the United States of America, the Secretary of State is hereby 
designated and empowered to exercise, without ratification, or other 
action of the President, the function conferred upon the President by 
Section 5(b) of the Fishermen's Protective Act of 1967, as amended [22 
U.S.C. 1975(b)], of certifying to the Congress that it is in the 
national interest not to transfer to the Fishermen's Protective Fund or 
to the separate account established under the Act, pursuant to that 
Section, amounts appropriated by the Congress and programmed for 
assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et 
seq.].
                                                          Richard Nixon.

                  Section Referred to in Other Sections

    This section is referred to in sections 1977, 1979 of this title; 
title 48 section 1904.
