46-U.S.C.-30915

§30915 – Seizures and Other Proceedings In Foreign Jurisdictions

Pathway

Title 46 > Subtitle III > Chapter 309 > Section 30915

Details

• Reference: Section 30915
• Legend: §30915 – Seizures and Other Proceedings In Foreign Jurisdictions
• USCode Year: 2013

Provision Content

(a) In General.—If a vessel or cargo described in section 30908 or 30914 of this title is arrested, attached, or otherwise seized by judicial process in a foreign country, or if an action is brought in a court of a foreign country against the master of such a vessel for a claim arising from the ownership, possession, or operation of the vessel, or the ownership, possession, or carriage of such cargo, the Secretary of State, on request of the Attorney General or another officer authorized by the Attorney General, may direct the United States consul residing at or nearest the place at which the action was brought—

(1) to claim the vessel or cargo as immune from arrest, attachment, or other seizure, and to execute an agreement, stipulation, bond, or undertaking, for the United States or federally-owned corporation, for the release of the vessel or cargo and the prosecution of any appeal; or

(2) if an action has been brought against the master of such a vessel, to enter the appearance of the United States or corporation and to pledge the credit of the United States or corporation to the payment of any judgment and costs in the action.

(b) Arranging Bond or Stipulation.—The Attorney General may—

(1) arrange with a bank, surety company, or other person, whether in the United States or a foreign country, to execute a bond or stipulation; and

(2) pledge the credit of the United States to secure the bond or stipulation.

(c) Payment of Judgment.—The appropriate accounting officer of the United States or corporation may pay a judgment in an action described in subsection (a) on presentation of a copy of the judgment if certified by the clerk of the court and authenticated by—

(1) the certificate and seal of the United States consul claiming the vessel or cargo, or by the consuls successor; and

(2) the certificate of the Secretary as to the official capacity of the consul.

(d) Right To Claim Immunity Not Affected.—This section does not affect the right of the United States to claim immunity of a vessel or cargo from foreign jurisdiction.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1519.)

In this section, references to the Maritime Administration are omitted as unnecessary.

In subsection (a), before paragraph (1), the words or in connection with, of the United States in his discretion, and duly are omitted as unnecessary. In paragraph (1), the words as by said court required are omitted as unnecessary.

In subsection (b)(1), the words firm, or corporation are omitted as included in person as defined in 1 U.S.C. 1.

Subsection (b)(2) is substituted for to pledge the credit of the United States to the indemnification of such surety or stipulator as may be required to secure the execution of such bond or stipulation to eliminate unnecessary words.

In subsection (c), the words may pay are substituted for presentation . . . shall be sufficient evidence . . . for the allowance and payment to eliminate unnecessary words.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-30703 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-30703, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-30706 in the Legal Encyclopedia: Maritime Liability

In this entry about 46-U.S.C.-30706, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.

46-U.S.C.-30901 in the Legal Encyclopedia: Liability

In this entry about 46-U.S.C.-30901, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 46 (Shipping) guided by subject interests.