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L. 86-108, § 2, ch. 1, § 101, ch. II, §§ 201 to 205(a) to (i), (k) to (n), ch. III, § 301, ch. IV, § 401(a) to (k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I to V, 74 Stat. 134, which was principally classified to chapter 24 (§ 1750 et seq.) of this title and which was repealed by act July 18, 1956, ch. 627, § 8(m), 70 Stat. 559, Pub. L. 85-141, §§ 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-108, ch. II, §§ 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, §§ 203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94329, title II, § 212(b)(1), June 30, 1976, 90 Stat. 745, except for sections 1754, 1783, 1796, 1853, 1922, 1928, and 1937 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1754 of this title and Tables volume.

CODIFICATION

This section was not enacted as part of the Mutual Security Act of 1954 which comprises this chapter.

REPEALS

Section 706 of Pub. L. 87-195, which amended this section was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1, 1962, 76 Stat. 263, except insofar as section 706 affected this section.

SUBCHAPTER IV-CONTINGENCY FUND § 1951. Repealed

Subsecs. (a) and (b), acts Aug. 26, 1954, ch. 937, ch. III, § 451(a), (b), 68 Stat. 843; July 8, 1955, ch. 301, § 8(a), 69 Stat. 286; July 18, 1956, ch. 627, § 8(a), 70 Stat. 557; Aug. 14, 1957, Pub. L. 85-141, § 8(b), 71 Stat. 360; June 30, 1958, Pub. L. 85-477, ch. III, § 301, ch. V, § 501(12)(B), 72 Stat. 268, 271; July 24, 1959, Pub. L. 86-108, ch. III, § 301, 73 Stat. 252; May 14, 1960, Pub. L. 86-472, ch. III, § 301, 74 Stat. 138, which related to the creation of the President's special authority and contingency fund authorized appropriations, were repealed by Pub. L. 87-195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460. See section 2261 of this title.

Subsec. (c), acts Aug. 26, 1954, ch. 937, ch. III, § 451(c), 68 Stat. 843; July 8, 1955, ch. 301, § 8(a), 69 Stat. 286; July 18, 1956, ch. 627, § 8(a), 70 Stat. 557; Aug. 14, 1957, Pub. L. 85-141, § 8(b), 71 Stat. 360; June 30, 1958, Pub. L. 85-477, ch. III, §301, ch. V, § 501(12)(B), 72 Stat. 268, 271; July 24, 1959, Pub. L. 86-108, ch. III, § 301, 73 Stat. 252; May 14, 1960, Pub. L. 86-472, ch. III, § 301, 74 Stat. 138, related to declaration of purpose and use of funds in connection with right of self-determination for people subject to captivity of Communist despotism, and was repealed by Pub. L. 87-510, § 6, June 28, 1962, 76 Stat. 124.

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§ 1961. Economic assistance

The President is authorized to cooperate with and assist any nation or group of nations in the general area of the Middle East desiring such assistance in the development of economic strength dedicated to the maintenance of national independence.

(Pub. L. 85-7, § 1, Mar. 9, 1957, 71 Stat. 5.)

APPROPRIATIONS, FISCAL YEAR 1957; RESTRICTION; REPORT TO CONGRESS

Pub. L. 85-7, § 3, Mar. 9, 1957, 71 Stat. 5, authorized the President to use, for the balance of fiscal year

1957, funds not to exceed $200,000,000 for military and economic assistance for the Middle East from appropriations available under the Mutual Security Act of 1954, restricted availability of funds for military assistance to funds appropriated for military assistance and for economic assistance to funds appropriated for other than military assistance, and required that funds not be available until 15 days after reports on the proposed use of funds be supplied to the appropriate Congressional committees.

§ 1962. Military assistance; use of armed forces

The President is authorized to undertake, in the general area of the Middle East, military assistance programs with any nation or group of nations of that area desiring such assistance. Furthermore, the United States regards as vital to the national interest and world peace the preservation of the independence and integrity of the nations of the Middle East. To this end, if the President determines the necessity thereof, the United States is prepared to use armed forces to assist any such nation or group of such nations requesting assistance against armed aggression from any country controlled by international communism: Provided, That such employment shall be consonant with the treaty obligations of the United States and with the Constitution of the United States. (Pub. L. 85-7, § 2, Mar. 9, 1957, 71 Stat. 5.)

§ 1963. United Nations Emergency Force

The President should continue to furnish facilities and military assistance, within the provisions of applicable law and established policies, to the United Nations Emergency Force in the Middle East, with a view to maintaining the truce in that region.

(Pub. L. 85-7, § 4, Mar. 9, 1957, 71 Stat. 6.)

§ 1964. Report to Congress

The President shall whenever appropriate report to the Congress his action hereunder. (Pub. L. 85-7, § 5, Mar. 9, 1957, 71 Stat. 6; Pub. L. 87-195, pt. IV, § 705, Sept. 4, 1961, 75 Stat. 463.)

AMENDMENTS

1961-Pub. L. 87-195 substituted "whenever appropriate" for "within the months of January and July of each year".

REPEALS

Section 705 of Pub. L. 87-195, which amended this section, was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1, 1962, 76 Stat. 263, except insofar as section 705 affected this section.

§ 1965. Expiration

This chapter shall expire when the President shall determine that the peace and security of the nations in the general area of the Middle East are reasonably assured by international conditions created by action of the United Nations or otherwise except that it may be terminated earlier by a concurrent resolution of the two Houses of Congress.

(Pub. L. 85-7, § 6, Mar. 9, 1957, 71 Stat. 6.)

CHAPTER 25-PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES

Sec.

1971. Definition.

1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions. 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew; source of reimbursement; definition of "other direct charge" certification of charges by Secretary of State; reimbursement as lien on vessel; termination of lien.

1974. Inapplicability of chapter to certain seizures. 1975. Action by Secretary on claims for amounts expended because of seizure; withholding amount of unpaid claim from foreign assistance funds.

1976. Authorization of appropriations. 1977. Reimbursement for seized commercial fisher

men.

(a) Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income.

(b) Distribution of payments according to commercial fishing practices and procedures.

(c) Establishment of fees; amount of fees; credit of fees to separate Treasury account; payment from collected fees; authorization of appropriations.

(d) Finality of determinations; insured losses.

(e) Effective date.

(f) Definitions.

1978. Restriction on importation of fishery products from countries which violate international fishery conservation program.

(a) Certification to President.

(b) Notification to Congress.

(c) Importation of fish products from of-
fending country prohibited.

(d) Penalties; forfeiture; customs laws.
(e) Enforcement.

(f) Regulations.

(g) Definitions.

1979. Fishermen's Protective Fund.

§ 1971. Definition

For the purposes of this chapter the term "vessel of the United States" shall mean any private vessel documented or certificated under the laws of the United States.

(Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883.)

SHORT TITLE

Pub. L. 90-482, § 4, Aug. 12, 1968, 82 Stat. 730, provided that: "The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971-1976), as amended by this Act [sections 1971 to 1977 of this title], may be cited as the Fishermen's Protective Act of 1967'."

CROSS REFERENCES

Registry and recording, see section 11 et seq. of Title 46, Shipping.

§ 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions

(1) If any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or

(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel

of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions

(A) are unrelated to fishery conservation and management,

(B) fail to consider and take into account traditional fishing practices of vessels of the United States,

(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Fishery Conservation and Management Act of 1976 [16 U.S.C. 1811 et seq.]),

or

(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country's exclusive fishery management authority;

and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary

(i) for the protection of such vessel and for the health and welfare of its crew;

(ii) to secure the release of such vessel and its crew; and

(iii) to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title.

(Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Oct. 26, 1972, Pub. L. 92-569, § 1, 86 Stat. 1182; Apr. 13, 1976, Pub. L. 94-265, title IV, § 403(a)(1), 90 Stat. 360.)

REFERENCES IN TEXT

The Fishery Conservation and Management Act of 1976, referred to in par. (2)(C), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331. Title I of the Act is classified generally to subchapter I (§ 1811 et seq.) of chapter 38 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables volume.

AMENDMENTS

1976-Pub. L. 94-265 redesignated existing subsecs. (a) and (b) as pars. (1) and (2) respectively, and, as so redesignated, in par. (1) struck out reference to rights in territorial waters, and in par. (2) substituted provisions relating to any general claim of any foreign country, conditions, and restrictions of seizure, lack of dispute as to material facts, and steps authorized for Secretary of State upon seizure, for provisions relating to lack of dispute as to material facts and actions authorized for Secretary of State upon seizure.

1972-Subsec. (b). Pub. L. 92-569 required the Secretary of State to take appropriate action to immediately ascertain the fees, fines, and other direct charges paid by a United States vessel owner to the seizing foreign country for the release of the vessel and its crew.

EFFECTIVE DATE OF 1976 AMENDMENT Section 403(b) of Pub. L. 94-265 provided in part that the amendment made by subsection (a)(1) [which amended this section] shall take effect Mar. 1, 1977.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 6 of Pub. L. 92-569 provided that: "The amendments made by this Act [enacting section 1979 of this title and amending sections 1972, 1973, 1975, and 1977 of this title] shall apply with respect to sei

zures of vessels of the United States occurring on or after the date of the enactment of this Act [Oct. 26, 1972]; except that reimbursements under section 3 of the Fishermen's Protective Act of 1967 [section 1973 of this title] (as in effect before such date of enactment [Oct. 26, 1972]) may be made from the fund established by the amendment made by section 5 of this Act [enacting section 1979 of this title] with respect to any seizure of a vessel occurring before such date of enactment [Oct. 26, 1972] and after December 31, 1970, if no reimbursement was made before such date of enactment [Oct. 26, 1972]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1973, 1977 of this title.

§ 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew; source of reimbursement; definition of "other direct charge"; certification of charges by Secretary of State; reimbursement as lien on vessel; termination of lien

(a) 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 the Treasury in the amount certified to him by the Secretary of State 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) The Secretary of State shall make a 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 the Treasury 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 the Treasury reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.

(Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883; Aug. 12, 1968, Pub. L. 90-482, § 2, 82 Stat. 730; Oct. 26, 1972, Pub. L. 92-569, § 2, 86 Stat. 1182; Apr. 13, 1976, Pub. L. 94-265, title IV, § 403(a)(2), 90 Stat. 360.)

AMENDMENTS

1976-Subsec. (a). Pub. L. 94-265 added definition of the term "other direct charge".

1972-Subsec. (a). Pub. L. 92-569 designated existing provisions as subsec. (a), and in subsec. (a) as so desig

nated, added provision that reimbursement under this section shall be made from the Fishermen's Protective Fund.

Subsec. (b). Pub. L. 92-569 added subsec. (b). 1968-Pub. L. 90-482 added ", license fee, registration fee, or any other direct charge" following "fine" wherever appearing.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 403(b) of Pub. L. 94-265 provided in part that the amendment made by subsection (a)(2) [which amended this section] shall apply with respect to seizures of vessels of the United States occurring on or after Dec. 31, 1974.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment 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 an Effective Date of 1972 Amendment note under section 1972 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1972, 1975, 1977, 1979 of this title.

§ 1974. Inapplicability of chapter to certain seizures

The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any fishery convention or treaty to which the United States is a party.

(Aug. 27, 1954, ch. 1018, § 4, 68 Stat. 883.)

§ 1975. Action by Secretary on claims for amounts expended because of seizure; withholding amount of unpaid claim from foreign assistance funds (a) The Secretary of State shall(1) immediately notify a foreign country of

(A) any reimbursement made by the Secretary of the Treasury under section 1973 of this title as a result of the seizure of a vessel of the United States by such country,

(B) any payment made pursuant to section 1977 of this title in connection with such seizure, and

(2) take such action as he deems appropriate to make and collect claims against such foreign country for the amounts so reimbursed and payments so made.

(b) If a foreign country fails or refuses to make payment in full on any claim made under subsection (a)(2) of this section within one hundred and twenty days after the date on which such country is notified pursuant to subsection (a)(1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] unless the President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall

be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen's Protective Fund established pursuant to section 1979 of this title if the amount is transferred with respect to an unpaid claim for a reimbursement made under section 1973 of this title, or (2) the separate account established in the Treasury of the United States pursuant to section 1977(c) of this title if the amount is transferred with respect to an unpaid claim for a payment made under section 1977(a) of this title. Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country. (Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883; Aug. 12, 1968, Pub. L. 90-482, § 3, 82 Stat. 730; Oct. 26, 1972, Pub. L. 92-569, § 3, 86 Stat. 1182.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables volume.

AMENDMENTS

1972-Pub. L. 92-569 substituted provisions that the Secretary of State notify the foreign country of reimbursements made under section 1973 of this title and payments made under section 1977 of this title, take appropriate action to make and collect claims against such foreign country and on failure to receive payment or on refusal to pay within 120 days after the notification, transfer an amount equal to the unpaid amount from funds programmed for assistance to that country to the Fishermen's Protective Fund or the separate account in the Treasury as the case may be, and in the case of inadequate funds programmed in the current fiscal year make the deduction from succeeding fiscal years, with exception that no such transfer be made when the President certifies to Congress that it is in the national interest not to do so, for provisions that the Secretary of State take appropriate action to collect claims against such foreign country and withhold amounts equal to the unpaid claims from the foreign assistance programmed for that fiscal year when such country fails or refuses to pay within 120 days of receipt of notice of claim.

1968-Pub. L. 90-482 added provisions authorizing the Secretary to act when payments are made pursuant to section 1977 of this title, and provisions authorizing the Secretary to withhold the amount of any unpaid claim against the foreign country from the foreign assistance funds programed for that country, such amounts withheld not to constitute satisfaction of any unpaid claim.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-569 applicable with respect to seizures of vessels of the United States occurring on or after Oct. 26, 1972, see section 6 of Pub. L. 92-569, set out as an Effective Date of 1962 Amendment note under section 1972 of this title.

Ex. ORD. No. 11772. DELEGATION OF CERTAIN AUTHORITY OF PRESIDENT TO SECRETARY OF STATE Ex. Ord. No. 11772, Mar. 21, 1974, 39 F.R. 10879, provided:

By virtue of the authority vested in me by the Fishermen's Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, the Secretary of State is hereby designated and empowered to exercise, without ratification, or other action of the President, the function conferred

upon the President by Section 5(b) of the Fishermen's Protective Act of 1967, as amended [subsec. (b) of this section], of certifying to the Congress that it is in the national interest not to transfer to the Fishermen's Protective Fund or to the separate account established under the Act, pursuant to that Section, amounts appropriated by the Congress and programmed for assistance under the Foreign Assistance Act of 1961 [section 2151 et seq. of this title].

RICHARD NIXON.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1977, 1979 of this title.

§ 1976. Authorization of appropriations

There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter.

(Aug. 27, 1954, ch. 1018, § 6, 68 Stat. 883.)

§ 1977. Reimbursement for seized commercial fisher

men

(a) Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provision of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of section 1972 of this title, the Secretary shall guarantee

(1) the owner of such vessel for all actual costs, except those covered by section 1973 of this title, incurred by the owner during the seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities;

(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and

(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of the Interior, based on the value of the average catch per day's fishing during the three most recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if such experience is not available, then of all commercial fishing vessels of the United States engaged in the same fishery as that of the type and size of the seized vessel.

(b) Distribution of payments according to commercial fishing practices and procedures

Payments made by the Secretary under paragraphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the particular segment of the United

States commercial fishing industry to which the seized vessel belongs relative to the sale of fish caught and the distribution of the proceeds of such sale.

(c) Establishment of fees; amount of fees; credit of fees to separate Treasury account; payment from collected fees; authorization of appropriations The Secretary shall from time to time establish by regulation fees which shall be paid by the owners of vessels entering into agreements under this section. Such fees shall be adequate (1) to recover the costs of administering this section, and (2) to cover a reasonable portion of any payments made by the Secretary under this section. The amount fixed by the Secretary shall be predicated upon at least 33 per centum of the contribution by the Government. All fees collected by the Secretary shall be credited to a separate account established in the Treasury of the United States which shall remain available without fiscal year limitation to carry out the provisions of this section. If a transfer of funds is made to the separate account under section 1975(b)(2) of this title with respect to an unpaid claim and such claim is later paid, the amount so paid shall be covered into the Treasury as miscellaneous receipts. All payments under this section shall be made first out of such fees so long as they are available and thereafter out of funds which are hereby authorized to be appropriated to such account to carry out the provisions of this section. (d) Finality of determinations; insured losses

All determinations made under this section shall be final. No payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law.

(e) Effective date

The provisions of this section shall be effective until October 1, 1977.

(f) Definitions

For the purposes of this section

(1) the term "Secretary" means the Secretary of Commerce.

(2) the term "owner" includes any charterer of a commercial fishing vessel.

(Aug. 27, 1954, ch. 1018, §7, as added Aug. 12, 1968, Pub. L. 90-482, § 1, 82 Stat. 729, and amended Oct. 26, 1972, Pub. L. 92-569, § 4, 86 Stat. 1183; Oct. 27, 1972, Pub. L. 92-594, §§ 1, 2, 86 Stat. 1313; Apr. 21, 1976, Pub. L. 94-273, § 3(17), 90 Stat. 377.)

AMENDMENTS

1976-Subsec. (e). Pub. L. 94-273 substituted "October" for "July".

1972-Subsec. (c). Pub. L. 92-569 added provision that amounts paid subsequent to transfer to the separate account be covered into the Treasury as miscellaneous receipts.

Subsec. (e). Pub. L. 92-594, § 1, extended the provisions of this section until July 1, 1977, and struck out provisions relating to the issuance of regulations. Subsec. (f)(1). Pub. L. 92-594, § 2, substituted "Secretary of Commerce" for "Secretary of the Interior".

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-569 applicable with respect to seizure of vessels of the United States occurring on or after Oct. 26, 1972, see section 6 of Pub. L.

92-569, set out as an Effective Date of 1972 Amendment note under section 1972 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1975 of this title.

§ 1978. Restriction on importation of fishery products from countries which violate international fishery conservation program

(a) Certification to President

When the Secretary of Commerce determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President. Upon receipt of such certification, the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of fish products of the offending country for such duration as he determines appropriate and to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and Trade.

(b) Notification to Congress

Within sixty days following certification by the Secretary of Commerce, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products of the offending country, or if such prohibition does not cover all fish products of the offending country, the President shall inform the Congress of the reasons therefor. (c) Importation of fish products from offending country prohibited

It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any fish products prohibited by the Secretary of the Treasury pursuant to this section.

(d) Penalties; forfeiture; customs laws

(1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation.

(2) All fish products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited.

(3) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and for-feitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section.

(e) Enforcement

(1) Enforcement of the provisions of this section prohibiting the bringing or importation of fish products into the United States shall be the responsibility of the Secretary of the Treasury.

(2) The judges of the United States district courts, and United States magistrates may,

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