Protection of Ships From Foreign Seizure (19.201)
Program
19.201 Protection of Ships From Foreign Seizure
Federal Agency
OFFICE OF THE LEGAL ADVISER, DEPARTMENT OF STATE
Authorization
Public Law 83-680, as amended; 22 U.S.C. 1971 et seq.
Program Number
19.201
Last Known Status
Deleted 12/27/2005 (This is not a federal assistance program and has been inappropriately included in CFDA.)
Objectives
To reimburse U.S. fishermen whose vessels are seized by a foreign country on the basis of: (1) Claims to jurisdiction not recognized by the U.S.; (2) claims to jurisdiction recognized by the U.S. but exercised in a manner inconsistent with international law as recognized by the U.S.; or (3) any general claim to exclusive fishery management with conditions and restrictions that are (a) unrelated to fishery conservation and management, (b) fail to take into account traditional fishing practices of U.S. vessels, (c) are more onerous than conditions or restrictions applied by the U.S. to foreign fishing vessels, or (d) fail to give U.S. vessels equitable access. For cases arising on or after June 15, 1994, the Act also provides for reimbursement of fees charged a vessel by a foreign government to engage in transit passage between points in the United States, if such fees are regarded by the United States as being inconsistent with international law.
Types of Assistance
Insurance (Reimbursement).
Uses and Use Restrictions
Certification for reimbursement and payment by the Secretary of State for claims of owners of U.S. vessels for fines, license or registration fees, levies, or any other direct charges paid to a foreign government to secure the prompt release of the vessel and crew. For cases arising on or after June 15, 1994, the Act also provides for reimbursement to vessel owners of certain fees charged by the government of a foreign country to engage in transit passage between points in the United States. The provisions of the Act do not apply to seizures made by a country at war with the U.S. or a seizure made in accordance with the provisions of any applicable convention or treaty made with advice and consent to the Senate and in force and effect for the U.S. and the seizing country at the time of the seizure.
Eligibility Requirements
Applicant Eligibility
Owners of private vessels documented or certificated under the laws of the U.S. whose vessels are seized by a foreign country, and whose claims satisfy the specific conditions of the statute as determined by the State Department. (Note: No registration or payment of premiums is required prior to the seizure in order to qualify for reimbursement.)
Beneficiary Eligibility
Owners of private vessels documented or certificated under the laws of the U.S. whose vessels are seized by a foreign country, and whose claims satisfy the specific conditions of the statute as determined by the State Department.
Credentials/Documentation
Applicants must furnish evidence establishing: (1) U.S. citizenship; (2) documentation and certification of vessel under the laws of the U.S.; (3) date, time, location, and circumstances of seizure; and (4) direct charges paid to the foreign government to secure the release of the vessel and crew. Applicants for reimbursement of a transit fee must provide (1) a copy of the receipt for payment; (2) an affidavit attesting that the vessel owner or the owner's agent paid the fee under protest; and (3) a copy of the vessels certificate of documentation.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
The claim shall be prepared in the form of a sworn statement, in triplicate, and shall contain in narrative form a clear chronological statement of the following facts: (1) name and address of claimant; (2) date and manner in which claimant became a national of the United States; (3) date and manner in which claimant acquired vessel or other property involved; (4) name of home port of vessel at time of seizure and date of last documentation; (5) date and time of seizure and foreign government making the seizure; (6) detailed circumstances of the seizure, including the exact place of seizure and how determined, activities of the vessel when seized, and the actions of the seizing vessel; (7) names of official and agency seizing the vessel and description of seizing vessel; (8) hearings afforded the captain of the vessel, defenses interposed determination of the tribunal, including the amount of the fine paid, and/or the license fee, registration fee, and other direct charges exacted as a condition of release; (9) name of agency to which amounts in item "8" were paid; (10) date vessel released and date sailed; and (11) the nature and amount of other losses sustained as a result of the seizure.
Award Procedure
Claims may be filed by the owner or an authorized agent. The Department of State examines the claim and notifies the claimant of its decision. If the claim is certified, the Department pays the amount of reimbursement. The amount of such reimbursement shall constitute a lien on the vessel that may be recovered in proceedings by libel in the U.S. District Court for any district in which the vessel may be found. Such liens shall terminate on the 90thday after the date on which the reimbursement check is issued, unless prior to the 90th day the U.S. initiates action to enforce the lien.
Deadlines
There are no deadlines applicable to obtain the Department's certification for reimbursement for claims arising from the seizure of a vessel. Claims for reimbursement of a transit fee must be made within 120 days after the date of payment of the fee. Within 15 days after written notification by the Department of the claim's denial, the claimant may submit a request for reconsideration in a letter stating why the claim is valid, along with supporting legal briefs, and additional documents or evidence.
Range of Approval/Disapproval Time
Appeals
There are no appeals procedures as such. If a claim is denied, the reasons for the denial will be fully stated in a letter to the claimant. Within 15 days after written notification by the Department of the claim's denial, however, the claimant may submit a request for reconsideration in a letter stating why the claim is valid, along with supporting legal briefs, and additional documents or evidence.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
None.
Length and Time Phasing of Assistance
Claim is paid in one lump sum provided Congress has appropriated sufficient funds.
Post Assistance Requirements
Reports
None.
Audits
None.
Records
None.
Program Accomplishments
No claims were filed during the last 5 fiscal years.
Financial Information
Account Identification
19-5116-0-2-376.
Obligations
(Insurance) (Claims paid) FY 02 $0; FY 03 est $5,000; and FY 04 est $5,000.
Range and Average of Financial Assistance
Dependent on Congressional authorizations.
Regulations, Guidelines and Literature
A memorandum containing suggestions for preparing claims, dated December 6, 1972, is available upon request from the Department of State. Regulations published in 22 CFR 86.7 et seq.
Related Programs
19.200, Claims Against Foreign Governments; 19.204, Fishermen's Guaranty Fund.
Information Contacts
Regional or Local Office
None.
Headquarters Office
Mark A. Clodfelter, Assistant Legal Adviser for International Claims and Investment Disputes, Office of the Legal Adviser, Suite 203, South Building, 2430 E Street, NW, Washington, DC 20037-2800. Telephone: (202) 776-8360.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
