§1975 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State must immediately tell a foreign country when the United States pays money because that country seized a U.S. vessel. The Secretary must also try to make and collect claims against that country for the amounts paid. If the foreign country does not pay in full within 120 days after that notice, the Secretary must transfer the unpaid amount from U.S. foreign assistance funds set aside for that country under the Foreign Assistance Act of 1961. If current-year funds are not enough, money may come from the next and later fiscal years. The President can stop a transfer by telling Congress it is in the national interest not to. Money for reimbursements under section 1973 goes to the Fishermen’s Protective Fund; money for payments under section 1977(a) goes to the special Treasury account under section 1977(c). Transferring funds does not cancel the United States’ claim against the foreign country.

Title 22, §1975

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified principally to chapter 32 (§ 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1972 AmendmentAmendment 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.

Executive Documents

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.

§1975 Claims for amounts expended because of seizure