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U.S. Code as of:
01/19/04
Section 1518. Relationship to other laws
(a) Federal Constitution, laws, and treaties applicable; other
Federal requirements applicable; status of deepwater port;
Federal or State authorities and responsibilities within
territorial seas unaffected; notification by Secretary of State
of intent to exercise jurisdiction; objections by foreign
governments
(1) The Constitution, laws, and treaties of the United States
shall apply to a deepwater port licensed under this chapter and to
activities connected, associated, or potentially interfering with
the use or operation of any such port, in the same manner as if
such port were an area of exclusive Federal jurisdiction located
within a State. Nothing in this chapter shall be construed to
relieve, exempt, or immunize any person from any other requirement
imposed by Federal law, regulation, or treaty. Deepwater ports
licensed under this chapter do not possess the status of islands
and have no territorial seas of their own.
(2) Except as otherwise provided by this chapter, nothing in this
chapter shall in any way alter the responsibilities and authorities
of a State or the United States within the territorial seas of the
United States.
(3) The Secretary of State shall notify the government of each
foreign state having vessels registered under its authority or
flying its flag which may call at or otherwise utilize a deepwater
port but which do not currently have an agreement in effect as
provided in subsection (c)(2)(A)(i) of this section that the United
States intends to exercise jurisdiction over vessels calling at or
otherwise utilizing a deepwater port and the persons on board such
vessels. The Secretary of State shall notify the government of each
such state that, absent its objection, its vessels will be subject
to the jurisdiction of the United States whenever they -
(A) are calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port and are
engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The Secretary of State shall promptly inform licensees of deepwater
ports of all objections received from governments of foreign states
in response to notifications made under this paragraph.
(b) Law of nearest adjacent coastal State as applicable Federal
law; Federal administration and enforcement of such law; nearest
adjacent coastal State defined
The law of the nearest adjacent coastal State, now in effect or
hereafter adopted, amended, or repealed, is declared to be the law
of the United States, and shall apply to any deepwater port
licensed pursuant to this chapter, to the extent applicable and not
inconsistent with any provision or regulation under this chapter or
other Federal laws and regulations now in effect or hereafter
adopted, amended, or repealed. All such applicable laws shall be
administered and enforced by the appropriate officers and courts of
the United States. For purposes of this subsection, the nearest
adjacent coastal State shall be that State whose seaward
boundaries, if extended beyond 3 miles, would encompass the site of
the deepwater port.
(c) Vessels of United States and foreign states subject to Federal
jurisdiction; objections to jurisdiction; designation of agent
for service of process; duty of licensee
(1) The jurisdiction of the United States shall apply to vessels
of the United States and persons on board such vessels. The
jurisdiction of the United States shall also apply to vessels, and
persons on board such vessels, registered in or flying the flags of
foreign states, whenever such vessels are -
(A) calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port, and
are engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The jurisdiction of the United States under this paragraph shall
not, however, apply to vessels registered in or flying the flag of
any foreign state that has objected to the application of such
jurisdiction.
(2) Except in a situation involving force majeure, a licensee
shall not permit a vessel registered in or flying the flag of a
foreign state to call at or otherwise utilize a deepwater port
licensed under this chapter unless -
(A)(i) the foreign state involved, by specific agreement with
the United States, has agreed to recognize the jurisdiction of
the United States over the vessels registered in or flying the
flag of that state and persons on board such vessels in
accordance with the provisions of paragraph (1) of this
subsection, while the vessel is located within the safety zone,
or
(ii) the foreign state has not objected to the application of
the jurisdiction of the United States to any vessel, or persons
on board such vessel, while the vessel is located within the
safety zone; and
(B) the vessel owner or operator has designated an agent in the
United States for receipt of service of process in the event of
any claim or legal proceeding resulting from activities of the
vessel or its personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this subsection, a
licensee shall not be obliged to prohibit a call at or use of a
deepwater port by a vessel registered in or flying the flag of an
objecting state unless the licensee has been informed by the
Secretary of State as required by subsection (a)(3) of this
section.
(d) Customs laws inapplicable to deepwater port; duties and taxes
on foreign articles imported into customs territory of United
States
The customs laws administered by the Secretary of the Treasury
shall not apply to any deepwater port licensed under this chapter,
but all foreign articles to be used in the construction of any such
deepwater port, including any component thereof, shall first be
made subject to all applicable duties and taxes which would be
imposed upon or by reason of their importation if they were
imported for consumption in the United States. Duties and taxes
shall be paid thereon in accordance with laws applicable to
merchandise imported into the customs territory of the United
States.
(e) Federal district courts; original jurisdiction; venue
The United States district courts shall have original
jurisdiction of cases and controversies arising out of or in
connection with the construction and operation of deepwater ports,
and proceedings with respect to any such case or controversy may be
instituted in the judicial district in which any defendant resides
or may be found, or in the judicial district of the adjacent
coastal State nearest the place where the cause of action arose.
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