[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 b
