46 U.S.C. § 8107: Use of force against piracy

Summary

Owners, operators, time charterers, captains, crew, or anyone who uses or allows force to defend a U.S. vessel from piracy do not have to pay money for injuries or deaths of people committing the piracy, as long as the force followed the official ship self‑defense rules set by the Secretary. The Secretary must work with the International Maritime Organization to get countries to coordinate to stop and quickly respond to piracy and to adopt similar limits on money liability. "Act of piracy" means an attack, search, capture, or seizure of a U.S. vessel on the high seas by someone not authorized to enforce the law.

Title 46, §8107

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(a)Limitation on Liability.—

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)Promotion of Coordinated Action.—

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)Definition.—

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