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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2707 Recovery by foreign claimants us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 40 OIL POLLUTION 2707 33 U.S.C. § 2707 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2707 data/legal/raw/us/code/title-33/usc33.xml 3af473c8440e9c702fa7691bf8dd8ee1628f542788c8ccb3b1f28779d90338d0 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 7f45f58331d4a5cb841ede3653ebb8fc83fb0006140c5c7cff096cbc85db04a7 2026-07-04 official
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33 U.S.C. § 2707 - Recovery by foreign claimants

Text

(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 claimants country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimants 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).

(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.

(Pub. L. 101380, title I, § 1007, Aug. 18, 1990, 104 Stat. 496.)

Notes

Editorial Notes

References in TextThis Act, referred to in subsec. (a)(1), is Pub. L. 101380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (b)(4), is title II of Pub. L. 93153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.