641 



tionate to the damage the Secretary shall, among 

 other things, consider — 



(.1) the extent and probability of imminent 

 damage if those measures are not taken: 



(2) the likelihood of effectiveness of those meas- 

 ures; and 



(3) the extent of the damage which may be 

 caused by those measures. 



(Pub. L. 93-248, § 8, Feb. 5, 1974, 88 Stat. 9.) 



§ 1478. Personal, flng state, and foreign state consid- 

 er.Ttions. 



In the direction and conduct of mea'^ures under 

 this chapter the Secretary shall use his best en- 

 deavors to — 



(1) assure the avoidance of risk to hTiman life; 



(2) render all possible aid to distressed persons, 

 including facilitating repatriation of ships' crews; 

 and 



(3) not unnecessarily interfere with rights and 

 Interests of others, including the flag state of any 

 ship involved, other foreign states threatened by 

 damage, and persons otherwise concerned. 



(Pub. L. 93-248, § 9, Feb. 5, 1974, 88 Stat. 9.) 



§1479. Federal liability for unreasonable damages; 

 jurisdiction. 



(a) The United States shall be obliged to pay com- 

 pensation to the extent of the damage caused by 

 measures which exceed those reasonably necessary 

 to achieve the end mentioned in section 1472 of this 

 title. 



(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. For 

 purposes of this chapter, American Samoa shall be 

 Included within the judicial district of the District 

 Court of the United States for the District f^f 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. (Pub. L. 

 93-248, § 10. Feb. 5, 1974, 88 Stat. 10.) 



§ 14S0. Notification by Secretary of State. 



The Secretary of State shall notify without delay 

 foreign states concerned, the Secretary-General of 

 the Inter-Governmental Maritime Con.sultative Or- 

 ganization, and persons affected by measures taken 

 under this chapter. (Pub. L. 93-248, § 11, Feb. 5, 1974, 

 88 Stat. 10.) 



§1481. Violations: penalties, 

 (a) Any person who — 



(1) willfully violates a provision of this chapter 

 or a regulation issued thereunder; or 



(2) willfully refuses or fails to comply with any 

 lawful order or direction given pursuant to this 

 chapter; or 



(3) vallfully obstructs any person who is acting 



in compliance with an order or direction under this 



chapter, shall be fined not more than $10,000 or 



Imprisoned not more than one year, or both. 



(b) In 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 dihgence to comply with any order or 



direction that he had reasonable cause to believe 



that compliance would have resulted in serious risk 



to human life. (Pub. L. 93-248, § 12, Feb. 5, 1974, 88 



Stat. 10.) 



§ 1482. Fxpcrfs and arbitrators- nomination. 



(a) The Secretary, in consultation with the Sec- 

 retary of State and the Administrator of the En- 

 vironmental Protection Agency, may nominate indi- 

 viduals to the list of experts provided for in article 

 III of the convention. 



(b) The Secretary of StPte, in consultation with 

 the Secretary, shall designate or nominate, as ap- 

 propriate and necessary, the negotiators, concilia- 

 tors, or arbitrators provided for by the convention 

 and the annexes thereto. (Pub. L. 93-248, § 13, 

 Feb. 5, 1974, 88 Stat. 10.) 



§ 1 !83. Fore'gn GovernTnen' sbips; immunity. 



No measures may be taken under authority of 

 this chapter against any warship or other ship 

 owned or operated by a country and used, for the 

 time being, only on Government noncommercial 

 service. (Pub. L. 93-248, § 14, Feb. 5, 1974, 88 Stat. 

 10.) 



§ U8!. Interrrrtation and administration; other right, 

 duty, privilege, or immunity and other remedy 

 un?fFected, 

 This chapter shall be interpreted and administered 

 in a manner consistent with the convention and 

 other international law. Except as specifically pro- 

 vided, nothing in this chapter may be interpreted 

 to prejudice any otherwise applicable right, duty, 

 privilege, or immunity or deprive any country or 

 person of any remedy otherwise applicable. (Pub. L. 

 93-248, I 15, Feb. 5. 1974, 88 Stat. 10.) 



§1485. Rules and regulations. 



The Secretary may issue reasonable rules and 

 regulations which he considers appropriate and 

 necessary for the e.Tective implementation of this 

 chapter. (Pub. L. 93-248, § 16, Feb. 5, 1974, 88 Stat. 

 10.) 

 §1486. Revolving fund for Federal actions and activi- 



The revolving fund established under section 1321 

 (k) of this title shall be available to the Secretary 

 for Federal actions and activities . under section 

 1474 of this title. (Pub. L. 93-248. § 17, Feb. 5. 1974. 

 88 Stat. 10.) 



§ 1487. Efifective date . 



This chapter shall be effective upon February 5, 

 1974 or upon the date the convention becomes effec- 

 tive as to the United States, whichever is later. (Pub. 

 L. 93-248, § 18, Feb. 5, 1974, 88 Stat. 10.) 



