PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-862 the plaintiff has carried its burden, the United States Court
- i of Federal Claims shall consider, among other things—
(A) the value of proprietary information; (B) the availability of the proprietary information; (C) the extent to which the proprietary information is based on patents, trade secrets, or other protected intellectual property; (D) the significance of proprietary information; and (E) the emergence of technology elsewhere a reasonable time after the inspection. (b) TORT LIABILITY.—The district courts of the United States shall have exclusive jurisdiction of civil actions for money damages for any tort under the Constitution or any Federal or State law arising from the acts or omissions of any officer or employee of the United States or the Organization, including any member of an inspection team of the Technical Secretariat, taken pursuant to or under color of the Convention or this Act. (c) WAIVER OF SOVEREIGN IMMUNITY OF THE UNITED STATES.— In any action under subsection (a) or (b), the United States may not raise sovereign immunity as a defense. (d) AUTHORITY FOR CAUSE OF ACTION.— (1) UNITED STATES ACTIONS IN UNITED STATES DISTRICT COURT. — Notwithstanding any other law, the Attorney General of the United States is authorized to bring an action in the United States District Court for the District of Columbia against any foreign nation for money damages resulting from that nation's refusal to provide indemnification to the United States for smy liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat who is a national of that foreign nation acting at the direction or the behest of that foreign nation. (2) UNITED STATES ACTIONS IN COURTS OUTSIDE THE UNITED STATES.— The Attorney General is authorized to seek any and all available redress in any international tribunal for indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat, and to seek such redress in the courts of the foreign nation from which the inspector is a national. ' (3) ACTIONS BROUGHT BY INDIVIDUALS AND BUSINESSES.— Notwithstanding any other law, any national of the United States, or any business entity organized and operating under the laws of the United States, may bring a civil action in a United States District Court for money damages against any foreign national or any business entity organized and operating under the laws of a foreign nation for an unauthorized or unlawful acquisition, receipt, transmission, or use of property by or on behalf of such foreign national or business entity as a result of any tort under the Constitution or any Federal or State law arising from acts or omissions by any officer or employee of the United States or any member of an inspection team of the Technical Secretariat taken pursuant to or under the color of the Convention or this Act. (e) RECOUPMENT. — (1) POLICY.— It is the policy of the United States to recoup all funds withdrawn from the Treasury of the United States in payment for any tort under Federal or State law or taking
�
