[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6713]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 6713. Civil liability of United States
(a) Claims for taking of property
(1) Jurisdiction of courts of the United States
(A) United States Court of Federal Claims
The United States Court of Federal Claims shall, subject to
subparagraph (B), have jurisdiction of any civil action or claim
against the United States for any taking of property without
just compensation that occurs by reason of the action of any
officer or employee of the Organization for the Prohibition of
Chemical Weapons, including any member of an inspection team of
the Technical Secretariat, or by reason of the action of any
officer or employee of the United States pursuant to this
chapter or the Convention. For purposes of this subsection,
action taken pursuant to or under the color of this chapter or
the Convention shall be deemed to be action taken by the United
States for a public purpose.
(B) District courts
The district courts of the United States shall have original
jurisdiction, concurrent with the United States Court of Federal
Claims, of any civil action or claim described in subparagraph
(A) that does not exceed $10,000.
(2) Notification
Any person intending to bring a civil action pursuant to
paragraph (1) shall notify the United States National Authority of
that intent at least one year before filing the claim in the United
States Court of Federal Claims. Action on any claim filed during
that one-year period shall be stayed. The one-year period following
the notification shall not be counted for purposes of any law
limiting the period within which the civil action may be commenced.
(3) Initial steps by United States Government to seek
remedies
During the period between a notification pursuant to paragraph
(2) and the filing of a claim covered by the notification in the
United States Court of Federal Claims, the United States National
Authority shall pursue all diplomatic and other remedies that the
United States National Authority considers necessary and appropriate
to seek redress for the claim including, but not limited to, the
remedies provided for in the Convention and under this chapter.
(4) Burden of proof
In any civil action under paragraph (1), the plaintiff shall
have the burden to establish a prima facie case that, due to acts or
omissions of any official of the Organization or any member of an
inspection team of the Technical Secretariat taken under the color
of the Convention, proprietary information of the plaintiff has been
divulged or taken without authorization. If the United States Court
of Federal Claims finds that the plaintiff has demonstrated such a
prima facie case, the burden shall shift to the United States to
disprove the plaintiff's claim. In deciding whether the plaintiff
has carried its burden, the United States Court of Federal Claims
shall consider, among other things--
(A) the value of proprietary information;
(B) the availability of the proprietary information;
(C) the extent to which the proprietary information is based
on patents, trade secrets, or other protected intellectual
property;
(D) the significance of proprietary information; and
(E) the emergence of technology elsewhere a reasonable time
after the inspection.
(b) Tort liability
The district courts of the United States shall have exclusive
jurisdiction of civil actions for money damages for any tort under the
Constitution or any Federal or State law arising from the acts or
omissions of any officer or employee of the United States or the
Organization, including any member of an inspection team of the
Technical Secretariat, taken pursuant to or under color of the
Convention or this chapter.
(c) Waiver of sovereign immunity of United States
In any action under subsection (a) or (b) of this section, the
United States may not raise sovereign immunity as a defense.
(d) Authority for cause of action
(1) United States actions in United States district court
Notwithstanding any other law, the Attorney General of the
United States is authorized to bring an action in the United States
District Court for the District of Columbia against any foreign
nation for money damages resulting from that nation's refusal to
provide indemnification to the United States for any liability
imposed on the United States by virtue of the actions of an
inspector of the Technical Secretariat who is a national of that
foreign nation acting at the direction or the behest of that foreign
nation.
(2) United States actions in courts outside the United
States
The Attorney General is authorized to seek any and all available
redress in any international tribunal for indemnification to the
United States for any liability imposed on the United States by
virtue of the actions of an inspector of the Technical Secretariat,
and to seek such redress in the courts of the foreign nation from
which the inspector is a national.
(3) Actions brought by individuals and businesses
Notwithstanding any other law, any national of the United
States, or any business entity organized and operating under the
laws of the United States, may bring a civil action in a United
States District Court for money damages against any foreign national
or any business entity organized and operating under the laws of a
foreign nation for an unauthorized or unlawful acquisition, receipt,
transmission, or use of property by or on behalf of such foreign
national or business entity as a result of any tort under the
Constitution or any Federal or State law arising from acts or
omissions by any officer or employee of the United States or any
member of an inspection team of the Technical Secretariat taken
pursuant to or under the color of the Convention or this chapter.
(e) Recoupment
(1) Policy
It is the policy of the United States to recoup all funds
withdrawn from the Treasury of the United States in payment for any
tort under Federal or State law or taking under the Constitution
arising from the acts or omissions of any foreign person, officer,
or employee of the Organization, including any member of an
inspection team of the Technical Secretariat, taken under color of
the Chemical Weapons Convention or this chapter.
(2) Sanctions on foreign companies
(A) Imposition of sanctions
The sanctions provided in subparagraph (B) shall be imposed
for a period of not less than ten years upon--
(i) any foreign person, officer, or employee of the
Organization, including any member of an inspection team of
the Technical Secretariat, for whose actions or omissions
the United States has been held liable for a tort or taking
pursuant to this chapter; and
(ii) any foreign person or business entity organized and
operating under the laws of a foreign nation which knowingly
assisted, encouraged or induced, in any way, a foreign
person described in clause (i) to publish, divulge,
disclose, or make known in any manner or to any extent not
authorized by the Convention any United States confidential
business information.
(B) Sanctions
(i) Arms export transactions
The United States Government shall not sell to a person
described in subparagraph (A) any item on the United States
Munitions List and shall terminate sales of any defense
articles, defense services, or design and construction
services to a person described in subparagraph (A) under the
Arms Export Control Act [22 U.S.C. 2751 et seq.].
(ii) Sanctions under Export Administration Act of
1979
The authorities under section 6 of the Export
Administration Act of 1979 [50 App. U.S.C. 2405] shall be
used to prohibit the export of any goods or technology on
the control list established pursuant to section 5(c)(1) of
that Act [50 App. U.S.C. 2404(c)(1)] to a person described
in subparagraph (A).
(iii) International financial assistance
The United States shall oppose any loan or financial or
technical assistance by international financial institutions
in accordance with section 262d of this title to a person
described in subparagraph (A).
(iv) Export-Import Bank transactions
The United States shall not give approval to guarantee,
insure, or extend credit, or to participate in the extension
of credit to a person described in subparagraph (A) through
the Export-Import Bank of the United States.
(v) Private bank transactions
Regulations shall be issued to prohibit any United
States bank from making any loan or providing any credit to
a person described in subparagraph (A).
(vi) Blocking of assets
The President shall take all steps necessary to block
any transactions in any property subject to the jurisdiction
of the United States in which a person described in
subparagraph (A) has any interest whatsoever, for the
purpose of recouping funds in accordance with the policy in
paragraph (1).
(vii) Denial of landing rights
Landing rights in the United States shall be denied to
any private aircraft or air carrier owned by a person
described in subparagraph (A) except as necessary to provide
for emergencies in which the safety of the aircraft or its
crew or passengers is threatened.
(3) Sanctions on foreign governments
(A) Imposition of sanctions
Whenever the President determines that persuasive
information is available indicating that a foreign country has
knowingly assisted, encouraged or induced, in any way, a person
described in paragraph (2)(A) to publish, divulge, disclose, or
make known in any manner or to any extent not authorized by the
Convention any United States confidential business information,
the President shall, within 30 days after the receipt of such
information by the executive branch of Government, notify the
Congress in writing of such determination and, subject to the
requirements of paragraphs (4) and (5), impose the sanctions
provided under subparagraph (B) for a period of not less than
five years.
(B) Sanctions
(i) Arms export transactions
The United States Government shall not sell a country
described in subparagraph (A) any item on the United States
Munitions List, shall terminate sales of any defense
articles, defense services, or design and construction
services to that country under the Arms Export Control Act
[22 U.S.C. 2751 et seq.], and shall terminate all foreign
military financing for that country under the Arms Export
Control Act.
(ii) Denial of certain licenses
Licenses shall not be issued for the export to the
sanctioned country of any item on the United States
Munitions List or commercial satellites.
(iii) Denial of assistance
No appropriated funds may be used for the purpose of
providing economic assistance, providing military assistance
or grant military education and training, or extending
military credits or making guarantees to a country described
in subparagraph (A).
(iv) Sanctions under Export Administration Act of
1979
The authorities of section 6 of the Export
Administration Act of 1979 [50 App. U.S.C. 2405] shall be
used to prohibit the export of any goods or technology on
the control list established pursuant to section 5(c)(1) of
that Act [50 App. U.S.C. 2404(c)(1)] to a country described
in subparagraph (A).
(v) International financial assistance
The United States shall oppose any loan or financial or
technical assistance by international financial institutions
in accordance with section 262d of this title to a country
described in subparagraph (A).
(vi) Termination of assistance under Foreign
Assistance Act of 1961
The United States shall terminate all assistance to a
country described in subparagraph (A) under the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except for
urgent humanitarian assistance.
(vii) Private bank transactions
The United States shall not give approval to guarantee,
insure, or extend credit, or participate in the extension of
credit through the Export-Import Bank of the United States
to a country described in subparagraph (A).
(viii) Private bank transactions
Regulations shall be issued to prohibit any United
States bank from making any loan or providing any credit to
a country described in subparagraph (A).
(ix) Denial of landing rights
Landing rights in the United States shall be denied to
any air carrier owned by a country described in subparagraph
(A), except as necessary to provide for emergencies in which
the safety of the aircraft or its crew or passengers is
threatened.
(4) Suspension of sanctions upon recoupment by payment
Sanctions imposed under paragraph (2) or (3) may be suspended if
the sanctioned person, business entity, or country, within the
period specified in that paragraph, provides full and complete
compensation to the United States Government, in convertible foreign
exchange or other mutually acceptable compensation equivalent to the
full value thereof, in satisfaction of a tort or taking for which
the United States has been held liable pursuant to this chapter.
(5) Waiver of sanctions on foreign countries
The President may waive some or all of the sanctions provided
under paragraph (3) in a particular case if he determines and
certifies in writing to the Speaker of the House of Representatives
and the Committee on Foreign Relations of the Senate that such
waiver is necessary to protect the national security interests of
the United States. The certification shall set forth the reasons
supporting the determination and shall take effect on the date on
which the certification is received by the Congress.
(6) Notification to Congress
Not later than five days after sanctions become effective
against a foreign person pursuant to this chapter, the President
shall transmit written notification of the imposition of sanctions
against that foreign person to the chairmen and ranking members of
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(f) Sanctions for unauthorized disclosure of United States confidential
business information
The Secretary of State shall deny a visa to, and the Attorney
General shall exclude from the United States any alien who, after
October 21, 1998--
(1) is, or previously served as, an officer or employee of the
Organization and who has willfully published, divulged, disclosed,
or made known in any manner or to any extent not authorized by the
Convention any United States confidential business information
coming to him in the course of his employment or official duties, or
by reason of any examination or investigation of any return, report,
or record made to or filed with the Organization, or any officer or
employee thereof, such practice or disclosure having resulted in
financial loses \1\ or damages to a United States person and for
which actions or omissions the United States has been found liable
of a tort or taking pursuant to this chapter;
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``losses''.
---------------------------------------------------------------------------
(2) traffics in United States confidential business information,
a proven claim to which is owned by a United States national;
(3) is a corporate officer, principal, shareholder with a
controlling interest of an entity which has been involved in the
unauthorized disclosure of United States confidential business
information, a proven claim to which is owned by a United States
national; or
(4) is a spouse, minor child, or agent of a person excludable
under paragraph (1), (2), or (3).
(g) ``United States confidential business information'' defined
In this section, the term ``United States confidential business
information'' means any trade secrets or commercial or financial
information that is privileged and confidential--
(1) including--
(A) data described in section 6724(e)(2) of this title,
(B) any chemical structure,
(C) any plant design process, technology, or operating
method,
(D) any operating requirement, input, or result that
identifies any type or quantity of chemicals used, processed, or
produced, or
(E) any commercial sale, shipment, or use of a chemical, or
(2) as described in section 552(b)(4) of title 5,
and that is obtained--
(i) from a United States person; or
(ii) through the United States Government or the conduct of an
inspection on United States territory under the Convention.
(Pub. L. 105-277, div. I, title I, Sec. 103, Oct. 21, 1998, 112 Stat.
2681-861.)
References in Text
This chapter, referred to in text, was in the original ``this Act''
and was translated as reading ``this division'', meaning div. I of Pub.
L. 105-277, Oct. 21, 1998, 112 Stat. 2681-856, known as the Chemical
Weapons Convention Implementation Act of 1998, to reflect the probable
intent of Congress. For complete classification of division I to the
Code, see Short Title note set out under section 6701 of this title and
Tables.
The Arms Export Control Act, referred to in subsec. (e)(2)(B)(i),
(3)(B)(i), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,
which is classified principally to chapter 39 (Sec. 2751 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2751 of this title and Tables.
The Foreign Assistance Act of 1961, referred to in subsec.
(e)(3)(B)(vi), 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
