§60505. Retaliatory suspension of commercial privileges

(a) General Authority.-The President may proclaim a suspension of commercial privileges to vessels of a foreign country when-

(1) vessels of that country have been given the same commercial privileges in the ports and waters of the United States given to vessels of the United States (except the privilege of engaging in coastwise commerce); and

(2) vessels of the United States are denied commercial privileges in the ports or waters of that country given to vessels of that country.

(b) Application.-A suspension under this section shall apply to the same commercial privileges denied to vessels of the United States in the ports or waters of the foreign country, and to the same class of vessels of that country as the class of vessels of the United States denied the privileges.

(c) Effective Date.-The President shall designate the effective date of the suspension in the proclamation.

(d) Penalties.-

(1) Seizure and forfeiture.-If the master, officer, or agent of a vessel of a foreign country does an act for the vessel in the ports or waters of the United States in violation of a proclamation issued under this section, the vessel and the goods on the vessel may be seized by, and forfeited to, the United States Government.

(2) Fine or imprisonment.-A person opposing an official of the Government enforcing this section shall be fined under title 18, imprisoned for not more than 2 years, or both.

( Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1681 .)

In this section, the words "vessels of the United States" are used instead of both "vessels of the United States" and "American vessels" for consistency in the section. The words "vessels of a foreign country" and "vessels of that country" are substituted for "foreign country whose vessels", "national vessels", "vessels of such foreign country", and similar references, for consistency. The words "ports and waters" and "ports or waters" are substituted for "ports", "harbors, ports, or waters", and "ports, harbors, or waters" for consistency.

In subsection (a), before paragraph (1), the words "on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States" are omitted as unnecessary. In paragraph (1), the words "given the same commercial privileges" are substituted for "placed on the same footing" for clarity and for consistency in the section.

Subsection (b) is substituted for "excluding . . . from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against" for clarity and to eliminate unnecessary words.

Subsection (c) is substituted for "on and after such time as he may indicate" for clarity.

Subsection (d)(1) is substituted for "and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States" for consistency in the revised title and to eliminate unnecessary words.

Subsection (d)(2) is substituted for "any person opposing any officer of the United States in the enforcement of this section, or aiding and abetting any other person in such opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years" because of chapter 227 of title 18.