§ 1975. — Claims for amounts expended because of seizure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
