22 U.S.C. § 6762: Specific enforcement

Summary

Federal district courts can hear civil cases to stop violations of sections 6726 or 6745 and to force anyone to do what is required under this chapter or the Convention. You can file a case to stop a violation in the federal district where the wrongful act, omission, or transaction happened or where the defendant is found or does business. A case to force action can be filed where the defendant is found or does business. The defendant can be served with court papers wherever they live or are found, inside the United States or anywhere else.

Title 22, §6762

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Jurisdiction

The district courts of the United States shall have jurisdiction over civil actions to—

(1)restrain any violation of section 6726 or 6745 of this title; and

(2)compel the taking of any action required by or under this chapter or the Convention.

(b)Civil actions

(1)In general

A civil action described in subsection (a) may be brought—

(A)in the case of a civil action described in subsection (a)(1), in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 6726 or 6745 of this title occurred or in which the defendant is found or transacts business; or

(B)in the case of a civil action described in subsection (a)(2), in the United States district court for the judicial district in which the defendant is found or transacts business.

(2)Service of process

In any such civil action process may be served on a defendant wherever the defendant may reside or may be found, whether the defendant resides or may be found within the United States or elsewhere.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see

Short Title

note set out under section 6701 of this title and Tables.

§6762 Specific Enforcement