§6713 Civil Liability of United States

Summary

Allows people to sue the United States in the United States Court of Federal Claims if property or confidential business information was taken without fair payment because of actions by officers or employees of the Organization for the Prohibition of Chemical Weapons (OPCW) or by U.S. officials under the Chemical Weapons Convention. District courts can also hear these cases when the claim is $10,000 or less. A person who plans to sue must tell the U.S. National Authority at least one year before filing. Any case filed during that year is put on hold, and that year does not count toward time limits for filing. While the claim is on hold, the U.S. National Authority must try diplomatic and other remedies. The person suing must first show basic evidence that an OPCW official improperly took or revealed their proprietary information under the Convention. If that showing is made, the United States must try to disprove the claim. The court will look at things like the value, availability, patent or trade-secret status, importance of the information, and whether similar technology appeared elsewhere later. District courts alone handle tort claims for money damages from acts or failures by U.S. or OPCW officials under the Convention. The United States cannot claim sovereign immunity in these cases. The Attorney General may sue foreign nations or seek help abroad to get money back when an inspector from that country caused U.S. liability. U.S. people and businesses may sue foreign people or firms for unauthorized taking or use of property caused by those acts. The United States will try to recoup any payments it makes. Responsible foreign people or companies face sanctions for at least 10 years, and countries can be sanctioned for at least 5 years. Sanctions can include bans on arms sales and certain exports, opposing loans, blocking assets, stopping bank credit, and denying landing rights. Sanctions can stop if full compensation is paid. The President may waive country sanctions for national security but must tell Congress in writing. The President must notify Congress within 5 days after sanctions start. The Secretary of State must deny visas, and the Attorney General must exclude from the United States, any foreign OPCW officer (and certain related persons) who after October 21, 1998, willfully disclosed or trafficked U.S. confidential business information that caused losses. "United States confidential business information" means trade secrets or privileged commercial or financial data, including certain chemical data, plant designs, operating details, chemical use or sales information, or similar protected information, obtained from a U.S. person or through a U.S. inspection.