Page:United States Statutes at Large Volume 104 Part 1.djvu/531

 PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 497 (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 claimante. (2) EXCEPTIONS. —Paragraph (1)(B) shall not apply with respect Canada, 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. SEC. 1008. RECOVERY BY RESPONSIBLE PARTY. 33 USC 2708. (a) IN GENERAL.— The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates that— (1) the responsible party is entitled to a defense to liability under section 1003; or (2) the responsible party is entitled to a limitation of liability under section 1004. Qo) EXTENT OF RECOVERY. —A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004. SEC. 1009. CONTRIBUTION. 33 uSC 2709. A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or

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