§ 1980a. — Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1980a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL
WATERS OF FOREIGN COUNTRIES
Sec. 1980a. Reimbursement of owner for fee paid to navigate
foreign waters if fee inconsistent with international law
(a) Reimbursable fees
In any case on or after June 15, 1994, in which a vessel of the
United States exercising its right of passage is charged a fee by the
government of a foreign country to engage in transit passage between
points in the United States (including a point in the exclusive economic
zone or in an area over which jurisdiction is in dispute), and such fee
is regarded by the United States as being inconsistent with
international law, the Secretary of State shall, subject to the
availability of appropriated funds, reimburse the vessel owner for the
amount of any such fee paid under protest.
(b) Documentation
In seeking such reimbursement, the vessel owner shall provide,
together with such other information as the Secretary of State may
require--
(1) a copy of the receipt for payment;
(2) an affidavit attesting that the owner or the owner's agent
paid the fee under protest; and
(3) a copy of the vessel's certificate of documentation.
(c) Timeliness
Requests for reimbursement shall be made to the Secretary of State
within 120 days after the date of payment of the fee, or within 90 days
after November 3, 1995, whichever is later.
(d) Funding; appropriations
Such funds as may be necessary to meet the requirements of this
section may be made available from the unobligated balance of previously
appropriated funds remaining in the Fishermen's Protective Fund
established under section 1979 of this title. To the extent that
requests for reimbursement under this section exceed such funds, there
are authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a) of this section, which
shall be deposited in the Fishermen's Protective Fund established under
section 1979 of this title.
(e) Claim against foreign government
The Secretary of State shall take such action as the Secretary deems
appropriate to make and collect claims against the foreign country
imposing such fee for any amounts reimbursed under this section.
(f) ``Owner'' defined
For purposes of this section, the term ``owner'' includes any
charterer of a vessel of the United States.
(Aug. 27, 1954, ch. 1018, Sec. 11, as added Pub. L. 104-43, title IV,
Sec. 402(a), Nov. 3, 1995, 109 Stat. 389.)
Congressional Findings
Section 401 of Pub. L. 104-43 provided that: ``The Congress finds
that--
``(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of passage,
including innocent passage, to vessels through the waters commonly
referred to as the `Inside Passage' off the Pacific Coast of Canada;
``(2) in 1994 Canada required all commercial fishing vessels of
the United States to pay 1,500 Canadian dollars to obtain a `license
which authorizes transit' through the Inside Passage;
``(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the Sea, and,
in particular, Article 26 of that Convention, which specifically
prohibits such fees, and threatened the safety of United States
commercial fishermen who sought to avoid the fee by traveling in
less protected waters;
``(4) the Fishermen's Protective Act of 1967 [22 U.S.C. 1971 et
seq.] provides for the reimbursement of vessel owners who are forced
to pay a license fee to secure the release of a vessel which has
been seized, but does not permit reimbursement of a fee paid by the
owner in advance in order to prevent a seizure;
``(5) Canada required that the license fee be paid in person in
2 ports on the Pacific Coast of Canada, or in advance by mail;
``(6) significant expense and delay was incurred by commercial
fishing vessels of the United States that had to travel from the
point of seizure back to one of those ports in order to pay the
license fee required by Canada, and the costs of that travel and
delay cannot be reimbursed under the Fishermen's Protective Act;
``(7) the Fishermen's Protective Act of 1967 should be amended
to permit vessel owners to be reimbursed for fees required by a
foreign government to be paid in advance in order to navigate in the
waters of that foreign country if the United States considers that
fee to be inconsistent with international law;
``(8) the Secretary of State should seek to recover from Canada
any amounts paid by the United States to reimburse vessel owners who
paid the transit license fee;
``(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada in
waters of the United States off Alaska, including waters in and near
the Dixon Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the United States are
accorded for anchorage in the waters of Canada off British Columbia;
``(10) the President should ensure that, consistent with
international law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to provide
for the safety of United States citizens, the enforcement of United
States law, and to protect the rights of the United States and keep
the peace among vessels operating in disputed waters;
``(11) the President should continue to review all agreements
between the United States and Canada to identify other actions that
may be taken to convince Canada that any reinstatement of the
transit license fee would be against Canada's long-term interests,
and should immediately implement any actions which the President
deems appropriate if Canada reinstates the fee;
``(12) the President should continue to convey to Canada in the
strongest terms that the United States will not now, nor at any time
in the future, tolerate any action by Canada which would impede or
otherwise restrict the right of passage of vessels of the United
States in a manner inconsistent with international law; and
``(13) the United States should continue its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented through
the Pacific Salmon Treaty to address issues of mutual concern.''
