22 U.S.C. § 1980a : US Code - Section 1980A: Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law
Search 22 U.S.C. § 1980a : US Code - Section 1980A: Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law
(a) Reimbursable fees
In any case on or after June 15, 1994, in which a vessel of the
United States exercising its right of passage is charged a fee by
the government of a foreign country to engage in transit passage
between points in the United States (including a point in the
exclusive economic zone or in an area over which jurisdiction is in
dispute), and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State shall,
subject to the availability of appropriated funds, reimburse the
vessel owner for the amount of any such fee paid under protest.
(b) Documentation
In seeking such reimbursement, the vessel owner shall provide,
together with such other information as the Secretary of State may
require -
(1) a copy of the receipt for payment;
(2) an affidavit attesting that the owner or the owner's agent
paid the fee under protest; and
(3) a copy of the vessel's certificate of documentation.
(c) Timeliness
Requests for reimbursement shall be made to the Secretary of
State within 120 days after the date of payment of the fee, or
within 90 days after November 3, 1995, whichever is later.
(d) Funding; appropriations
Such funds as may be necessary to meet the requirements of this
section may be made available from the unobligated balance of
previously appropriated funds remaining in the Fishermen's
Protective Fund established under section 1979 of this title. To
the extent that requests for reimbursement under this section
exceed such funds, there are authorized to be appropriated such
sums as may be needed for reimbursements authorized under
subsection (a) of this section, which shall be deposited in the
Fishermen's Protective Fund established under section 1979 of this
title.
(e) Claim against foreign government
The Secretary of State shall take such action as the Secretary
deems appropriate to make and collect claims against the foreign
country imposing such fee for any amounts reimbursed under this
section.
(f) "Owner" defined
For purposes of this section, the term "owner" includes any
charterer of a vessel of the United States.
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