§6713 Civil Liability of United States

Summary

Allows people to sue the United States when property or confidential business information is taken because of actions by an officer or employee of the Organization for the Prohibition of Chemical Weapons (OPCW) or by a U.S. officer acting under the Chemical Weapons Convention. The U.S. Court of Federal Claims normally hears these cases, but U.S. district courts can also hear them if the claim is $10,000 or less. Anyone who plans to sue in the Court of Federal Claims must tell the U.S. National Authority at least one year before filing. Any claim filed during that year will be paused, and that year does not count toward any filing deadline. The person suing must first show a basic case that an OPCW official, while acting under the Convention, revealed or took their proprietary information without permission. If they do, the United States must try to disprove the claim. The court will look at things like the value and availability of the information, whether it is a patent or trade secret, how important it is, and whether the same technology appeared elsewhere later. District courts have exclusive authority for money-damage claims (torts) against U.S. or OPCW officers for acts under the Convention. The United States cannot use sovereign immunity as a defense. The Attorney General can sue a foreign country in the U.S. District Court for the District of Columbia if that country refuses to indemnify the United States for liability caused by an inspector from that country. The Attorney General can also seek compensation in international or foreign courts. U.S. citizens or U.S. companies may sue foreign persons or companies in U.S. courts for unauthorized taking or use of property that resulted from such acts. The United States aims to recover any money it pays for these claims. People or entities found responsible can face sanctions for at least ten years, and countries that knowingly helped a wrongdoer can face sanctions for at least five years after the President notifies Congress within 30 days. Sanctions include stopping arms and defense sales, export controls, blocking loans and financial support, blocking property, and denying landing rights, among other measures. Sanctions can be lifted if full compensation is paid during the required period, and the President may waive sanctions for national security with written notice to Congress. Within five days after sanctions start against a foreign person, the President must tell the leaders of the House and Senate committees named. The Secretary of State must deny visas, and the Attorney General must exclude from the United States, any OPCW officer who after October 21, 1998, willfully disclosed U.S. confidential business information that caused loss and led to U.S. liability, or who traffics in such information, or who is a controlling officer of an entity that did so, or their spouse, minor child, or agent. "United States confidential business information" means privileged trade secrets or commercial or financial information, such as chemical structures, plant design or processes, operating methods, quantities of chemicals, or sales data, coming from a U.S. person or through a U.S. government inspection.