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Title 22, Foreign Relations and IntercourseRelease 119-110

§1973 Reimbursement of Owner for Any Direct Charges Paid to Secure Release of Vessel and Crew

Title 22 › CHAPTER 25 — PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES › § 1973

Last updated Sep 22, 2026|Official source

Summary

When a U.S. vessel is seized by a foreign country and the owners pay a fine, license fee, registration fee, or any other direct charge to get the vessel and crew released, the Secretary of State must repay the owners the exact amount he certifies they actually paid. “Other direct charge” means any extra levy, including ones based on the value of the vessel or the fish or other property on board. Repayments come from the Fishermen’s Protective Fund. The Secretary of State must make that certification as soon as possible after being told the amounts paid. The repayment creates a legal claim on the vessel that the United States can enforce in a U.S. district court where the vessel is. That claim ends on the ninetieth day after repayment unless the United States starts court action to enforce it before then.

Full Legal Text

Title 22, §1973

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Reimbursement by Secretary of State; “other direct charge” defined; source of reimbursement
In any case where a vessel of the United States is seized by a foreign country under the conditions of section 1972 of this title and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of State in the amount determined and certified by him as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. For purposes of this section, the term “other direct charge” means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee. Any reimbursement under this section shall be made from the Fishermen’s Protective Fund established pursuant to section 1979 of this title.
(b)Determination and certification of charges by Secretary of State; reimbursement as lien on vessel; termination of lien
The Secretary of State shall make a determination and certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 1972(b) of this title of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of State to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of State reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–364, § 302(a)(1), substituted “Secretary of State in the amount determined and certified by him” for “Secretary of the Treasury in the amount certified to him by the Secretary of State”. Subsec. (b). Pub. L. 98–364, § 302(a)(2), inserted “determination and” before “certification” in first sentence, and substituted “State” for “the Treasury” in second and third sentences. 1976—Subsec. (a). Pub. L. 94–265 inserted definition of “other direct charge”. 1972—Pub. L. 92–569 designated existing provisions as subsec. (a), inserted provision that reimbursement under this section shall be made from the Fishermen’s Protective Fund, and added subsec. (b). 1968—Pub. L. 90–482 inserted “, license fee, registration fee, or any other direct charge” after “fine” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 Amendment Pub. L. 94–265, title IV, § 403(b), Apr. 13, 1976, 90 Stat. 360, provided in part that the amendment made by section 403(a)(2) of Pub. L. 94–265 to this section was to apply with respect to seizures of vessels of the United States occurring on or after Dec. 31, 1974, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

Effective Date

of 1972 AmendmentAmendment by Pub. L. 92–569 applicable with respect to seizure of vessels of the United States occurring on or after Oct. 26, 1972, except that reimbursements under this section may be made from the fund established by section 1979 of this title with respect to seizure of vessels occurring after Dec. 31, 1970 and before Oct. 26, 1972 if no reimbursement was made before Oct. 26, 1972, see section 6 of Pub. L. 92–569, set out as a note under section 1972 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 1973

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110