10
Compensation. 33 USC 1479.
Jurisdiction.
Notification. 33 USC 1480.
Violations. 33 USC 1481.
Penalty.
E x p e r t s, nomination. 33 USC 1482.
Negotiators, c o n c i l i a to r s, or arbitrators, designation or nomination. 33 USC 1483.
33 USC 1484.
Rules and regulations. 33 USC 1485. 33 USC 1486. 33 USC 1321, Effective date. 33 USC 1487.
PUBLIC LAW 93-248-FEB. 5, 1974
[88 STAT.
others, including the flag state of any ship involved, other foreign states threatened by damage, and persons otherwise concerned. SEC. 10. (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3. (b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Claims, in any district court of the United States, and in those "courts enumerated in section 460 of title 28, United States Code. For purposes of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam. SEC. 11. The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this Act. SEC. 12. (a) Any person who— (1) willfully violates a provision of this Act or a regulation issued thereunder; or (2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this Act; or (3) willfully obstructs any person who is acting in compliance with an order or direction under this Act, shall be fined not more than $10,000 or imprisoned not more than one year, or both. (b) I n a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction or that he had reasonable cause to believe that compliance would have resulted in serious risk to human life. SEC. 13. (a) The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention. (b) The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the annexes thereto. SEC. 14. No measures may be taken under authority of this Act against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. SEC. 15. This Act shall be interpreted and administered in a manner consistent with the convention and other international law. Except as specifically provided, nothing in this Act may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. SEC. 16. The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this Act. SEC. 17. The revolving fund established under section 311(k) of the Federal Water Pollution Control Act shall be aAailable to the Secretary for Federal actions and activities under section 5 of this Act. SEC. 18. This Act shall be effective upon the date of enactment, or upon the date the convention becomes effective as to the United States, whichever is later. Approved February 5, 1974.
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