33-U.S.C.-2707
§2707 – Recovery By Foreign Claimants
Pathway
Title 33 > Chapter 40 > Subchapter I > Section 2707
Details
- Reference: Section 2707
- Legend: §2707 – Recovery By Foreign Claimants
- USCode Year: 2013
Provision Content
(a) Required showing by foreign claimants
(1) In general
In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that—
(A) the claimant has not been otherwise compensated for the removal costs or damages; and
(B) recovery is authorized by a treaty or executive agreement between the United States and the claimants country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimants country provides a comparable remedy for United States claimants.
(2) Exceptions
Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4) of this section.
(b) Discharges in foreign countries
A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from—
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the United States; or
(4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place.
(c) Foreign claimant defined
In this section, the term foreign claimant means—
(1) a person residing in a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
(Pub. L. 101–380, title I, §1007, Aug. 18, 1990, 104 Stat. 496.)
References in Text
This Act, referred to in subsec. (a)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (b)(4), is title II of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.
U.S. Encyclopedia of Law Coverage
Title 33 – Navigation And Navigable Waters in the Legal Encyclopedia: Oil Pollution
In this entry about Title 33 – Navigation And Navigable Waters, find legal reference material, bibliographies and premiere content related to oil pollution in the American Encyclopedia of Law, presenting a comprehensive view of the United States oil pollution-specific issues, written by authorities in the field.
Subchapter I – Oil Pollution Liability and Compensation in the Legal Encyclopedia: Liability
In this entry about Subchapter I – Oil Pollution Liability and Compensation, 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.
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