§ 1518. — Relationship to other laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1518]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1518. Relationship to other laws
(a) Federal Constitution, laws, and treaties applicable; other Federal
requirements applicable; status of deepwater port; Federal or
State authorities and responsibilities within territorial seas
unaffected; notification by Secretary of State of intent to
exercise jurisdiction; objections by foreign governments
(1) The Constitution, laws, and treaties of the United States shall
apply to a deepwater port licensed under this chapter and to activities
connected, associated, or potentially interfering with the use or
operation of any such port, in the same manner as if such port were an
area of exclusive Federal jurisdiction located within a State. Nothing
in this chapter shall be construed to relieve, exempt, or immunize any
person from any other requirement imposed by Federal law, regulation, or
treaty. Deepwater ports licensed under this chapter do not possess the
status of islands and have no territorial seas of their own.
(2) Except as otherwise provided by this chapter, nothing in this
chapter shall in any way alter the responsibilities and authorities of a
State or the United States within the territorial seas of the United
States.
(3) The Secretary of State shall notify the government of each
foreign state having vessels registered under its authority or flying
its flag which may call at or otherwise utilize a deepwater port but
which do not currently have an agreement in effect as provided in
subsection (c)(2)(A)(i) of this section that the United States intends
to exercise jurisdiction over vessels calling at or otherwise utilizing
a deepwater port and the persons on board such vessels. The Secretary of
State shall notify the government of each such state that, absent its
objection, its vessels will be subject to the jurisdiction of the United
States whenever they--
(A) are calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port and are
engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The Secretary of State shall promptly inform licensees of deepwater
ports of all objections received from governments of foreign states in
response to notifications made under this paragraph.
(b) Law of nearest adjacent coastal State as applicable Federal law;
Federal administration and enforcement of such law; nearest
adjacent coastal State defined
The law of the nearest adjacent coastal State, now in effect or
hereafter adopted, amended, or repealed, is declared to be the law of
the United States, and shall apply to any deepwater port licensed
pursuant to this chapter, to the extent applicable and not inconsistent
with any provision or regulation under this chapter or other Federal
laws and regulations now in effect or hereafter adopted, amended, or
repealed. All such applicable laws shall be administered and enforced by
the appropriate officers and courts of the United States. For purposes
of this subsection, the nearest adjacent coastal State shall be that
State whose seaward boundaries, if extended beyond 3 miles, would
encompass the site of the deepwater port.
(c) Vessels of United States and foreign states subject to Federal
jurisdiction; objections to jurisdiction; designation of agent
for service of process; duty of licensee
(1) The jurisdiction of the United States shall apply to vessels of
the United States and persons on board such vessels. The jurisdiction of
the United States shall also apply to vessels, and persons on board such
vessels, registered in or flying the flags of foreign states, whenever
such vessels are--
(A) calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port, and are
engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The jurisdiction of the United States under this paragraph shall not,
however, apply to vessels registered in or flying the flag of any
foreign state that has objected to the application of such jurisdiction.
(2) Except in a situation involving force majeure, a licensee shall
not permit a vessel registered in or flying the flag of a foreign state
to call at or otherwise utilize a deepwater port licensed under this
chapter unless--
(A)(i) the foreign state involved, by specific agreement with
the United States, has agreed to recognize the jurisdiction of the
United States over the vessels registered in or flying the flag of
that state and persons on board such vessels in accordance with the
provisions of paragraph (1) of this subsection, while the vessel is
located within the safety zone, or
(ii) the foreign state has not objected to the application of
the jurisdiction of the United States to any vessel, or persons on
board such vessel, while the vessel is located within the safety
zone; and
(B) the vessel owner or operator has designated an agent in the
United States for receipt of service of process in the event of any
claim or legal proceeding resulting from activities of the vessel or
its personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this subsection, a
licensee shall not be obliged to prohibit a call at or use of a
deepwater port by a vessel registered in or flying the flag of an
objecting state unless the licensee has been informed by the Secretary
of State as required by subsection (a)(3) of this section.
(d) Customs laws inapplicable to deepwater port; duties and taxes on
foreign articles imported into customs territory of United
States
The customs laws administered by the Secretary of the Treasury shall
not apply to any deepwater port licensed under this chapter, but all
foreign articles to be used in the construction of any such deepwater
port, including any component thereof, shall first be made subject to
all applicable duties and taxes which would be imposed upon or by reason
of their importation if they were imported for consumption in the United
States. Duties and taxes shall be paid thereon in accordance with laws
applicable to merchandise imported into the customs territory of the
United States.
(e) Federal district courts; original jurisdiction; venue
The United States district courts shall have original jurisdiction
of cases and controversies arising out of or in connection with the
construction and operation of deepwater ports, and proceedings with
respect to any such case or controversy may be instituted in the
judicial district in which any defendant resides or may be found, or in
the judicial district of the adjacent coastal State nearest the place
where the cause of action arose.
(Pub. L. 93-627, Sec. 19(a)-(e), Jan. 3, 1975, 88 Stat. 2145, 2146; Pub.
L. 98-419, Sec. 5(a), (b), Sept. 25, 1984, 98 Stat. 1609.)
References in Text
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Codification
Section 19(f) of Pub. L. 93-627 amended section 1333(a)(2) of Title
43, Public Lands.
Amendments
1984--Subsec. (a)(3). Pub. L. 98-419, Sec. 5(a), added par. (3).
Subsec. (c)(1). Pub. L. 98-419, Sec. 5(b), added par. (1). Former
cl. (1) redesignated cl. (A)(i) of par. (2).
Subsec. (c)(2). Pub. L. 98-419, Sec. 5(b), redesignated existing
provisions of subsec. (c) as par. (2)(A)(i) and (B) thereof, substituted
reference to provisions of par. (1) for former reference to provisions
of this chapter in par. (2)(A)(i) as so redesignated, and added par.
(2)(A)(ii).
Subsec. (c)(3). Pub. L. 98-419, Sec. 5(b), added par. (3).
Effective Date of 1984 Amendment
Section 5(c) of Pub. L. 98-419 provided that: ``The amendment made
by subsection (b) of this section [amending this section] shall be
effective on the ninetieth day following the date of enactment of this
Act [Sept. 25, 1984]. The Secretary of State shall make the first series
of notifications referred to in section 19(a)(3) of the Deepwater Port
Act of 1974 [subsec. (a)(3) of this section], as added by subsection (a)
of this section, prior to the thirtieth day following the date of
enactment of this Act [Sept. 25, 1984].''
Section Referred to in Other Sections
This section is referred to section 1507 of this title; title 19
section 1644.
