“To limit the availability of civil actions affected by United States sanctions.”
No CRS summary available for this bill.
This section states that it is the policy of the United States (1) to ensure that United States persons are not disadvantaged for actions or omissions undertaken to comply with United States sanctions or export controls and (2) to ensure that foreign persons, or persons acting on their behalf, cannot obtain compensation for any action related to United States persons attempting in good faith to comply with such obligations.
This section establishes a limitation on civil actions to enforce foreign judgments or arbitral awards affected by U.S. sanctions (i.e., prohibitions or restrictions under the International Emergency Economic Powers Act or other laws, excluding import duties) by adding a new section 1660 to chapter 111 of title 28, United States Code. The new section prohibits any person other than the United States from bringing such an action in federal or state court if (1) the underlying conduct resulted from compliance with U.S. sanctions impeding contract performance, or (2) the foreign court or tribunal based jurisdiction wholly or partly on U.S. sanctions, export controls, or related foreign laws; it further authorizes removal of such actions to U.S. district court for mandatory dismissal. The limitation does not affect (1) U.S. government enforcement authorities, (2) remedies for U.S. victims of terrorism, torture, or related acts under specified laws (e.g., 28 U.S.C. chapter 97, 18 U.S.C. chapter 113B, or the Iran Threat Reduction and Syria Human Rights Act), (3) U.S.-based contractual dispute resolution, or (4) other non-enforcement rights under state or federal law; the provision applies to actions pending on or after enactment.