§6713 Civil liability of United States

Summary

Lets people sue the United States if their property was taken without fair payment because of actions by an officer or employee of the Organization for the Prohibition of Chemical Weapons (including inspection team members) or because of U.S. actions under the Chemical Weapons Convention. Claims over $10,000 go to the United States Court of Federal Claims. Claims of $10,000 or less can be filed either there or in a U.S. district court. A person who plans to sue must tell the United States National Authority at least one year before filing. Any claim filed during that year must be paused, and that year does not count against filing deadlines. While the person waits, the United States National Authority must try diplomatic and other remedies. In court, the plaintiff must first show that proprietary information was taken or disclosed without permission by an official acting under the Convention. If the plaintiff shows that, the United States must then disprove the claim. The court will consider things like the value and availability of the information, whether it is covered by patents or trade secrets, its importance, and whether similar technology appeared elsewhere later. District courts have sole authority over tort claims for money damages that come from acts by U.S. or Organization officials under the Convention. The United States cannot use sovereign immunity as a defense. The Attorney General may sue a foreign country in Washington, D.C., if that country refuses to indemnify the United States for liability caused by one of its inspectors, and may seek remedies in international or foreign courts. U.S. citizens and U.S. businesses may sue foreign persons or foreign businesses in U.S. courts for unauthorized taking or use of property tied to such acts. The United States seeks to recover any money paid because of these acts and must impose sanctions for at least ten years on foreign persons responsible (and those who helped disclose U.S. confidential business information). The law lists many possible sanctions, such as blocking arms sales, export controls, opposing loans from international financial institutions, stopping Export-Import Bank support, blocking bank credit, freezing U.S.-jurisdiction property, and denying landing rights except for emergencies. If the President finds a foreign government knowingly helped reveal U.S. confidential business information, the President must notify Congress within 30 days and impose sanctions for at least five years, subject to possible suspension if full compensation is paid or a presidential national security waiver (with written notice to Congress). The President must notify certain congressional leaders within five days after sanctions take effect against a foreign person. After October 21, 1998, the Secretary of State must deny visas and the Attorney General must exclude from the United States any alien who willfully disclosed U.S. confidential business information causing U.S. losses and liability, who traffics in such information, who is a key officer or owner of an entity that did so, or who is a spouse, minor child, or agent of such a person. “United States confidential business information” means privileged trade secrets or commercial or financial data, including certain chemical or plant design details, operating inputs or results that identify chemicals, commercial sale or use data, and other similar protected information from U.S. sources or from U.S. government inspections.