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U.S. Code as of:
01/19/04
Section 2707. Recovery by foreign claimants
(a) Required showing by foreign claimants
(1) In general
In addition to satisfying the other requirements of this Act,
to recover removal costs or damages resulting from an incident a
foreign claimant shall demonstrate that -
(A) the claimant has not been otherwise compensated for the
removal costs or damages; and
(B) recovery is authorized by a treaty or executive agreement
between the United States and the claimant's country, or the
Secretary of State, in consultation with the Attorney General
and other appropriate officials, has certified that the
claimant's country provides a comparable remedy for United
States claimants.
(2) Exceptions
Paragraph (1)(B) shall not apply with respect to recovery by a
resident of Canada in the case of an incident described in
subsection (b)(4) of this section.
(b) Discharges in foreign countries
A foreign claimant may make a claim for removal costs and damages
resulting from a discharge, or substantial threat of a discharge,
of oil in or on the territorial sea, internal waters, or adjacent
shoreline of a foreign country, only if the discharge is from -
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the
United States; or
(4) a tanker that received the oil at the terminal of the
pipeline constructed under the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1651 et seq.), for transportation to
a place in the United States, and the discharge or threat occurs
prior to delivery of the oil to that place.
(c) "Foreign claimant" defined
In this section, the term "foreign claimant" means -
(1) a person residing in a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
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