§8107 — Title 46 Shipping | U.S. Code

Summary

Owners, operators, time charterers, captains, crew, or anyone who uses force to defend a U.S. ship must not have to pay money for injury or death to a person committing piracy, if the force followed the standard ship self‑defense rules the Secretary creates. The Secretary who oversees the Coast Guard must work through the International Maritime Organization to get countries to coordinate against piracy and to adopt similar limits on liability. Act of piracy means an attack, search, restraint, robbery, or seizure against a U.S. vessel on the high seas by someone not authorized by the United States, a foreign government, or a U.S.-recognized international law enforcement organization.

Title 46, §8107

Shipping — Source: USLM XML via OLRC

(a)An owner, operator, time charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force to any person engaging in an act of piracy if such force was in accordance with standard rules for the use of force in self-defense of vessels prescribed by the Secretary.

(b)To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a).

(c)For the purpose of this section, the term “act of piracy” means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Standard Rules for the Use of Force for Self-Defense of Vessels of the United States Pub. L. 111–281, title IX, § 912(c), Oct. 15, 2010, 124 Stat. 3017, provided that: “Not later than 180 days after the date of enactment of this act [Oct. 15, 2010], the secretary [sic] of the department in which the coast guard [sic] is operating, in consultation with representatives of industry and labor, shall develop standard rules for the use of force for self-defense of vessels of the United States.”

§8107 Use of force against piracy

Summary

Title 46, §8107

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata