View all text of Subchapter I [§ 6711 - § 6713]
§ 6713. Civil liability of United States
(a) Claims for taking of property
(1) Jurisdiction of courts of the United States
(A) United States Court of Federal Claims
(B) District courts
(2) Notification
(3) Initial steps by United States Government to seek remedies
(4) Burden of proofIn any civil action under paragraph (1), the plaintiff shall have the burden to establish a prima facie case that, due to acts or omissions of any official of the Organization or any member of an inspection team of the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged or taken without authorization. If the United States Court of Federal Claims finds that the plaintiff has demonstrated such a prima facie case, the burden shall shift to the United States to disprove the plaintiff’s claim. In deciding whether the plaintiff has carried its burden, the United States Court of Federal Claims shall consider, among other things—
(A) the value of proprietary information;
(B) the availability of the proprietary information;
(C) the extent to which the proprietary information is based on patents, trade secrets, or other protected intellectual property;
(D) the significance of proprietary information; and
(E) the emergence of technology elsewhere a reasonable time after the inspection.
(b) Tort liability
(c) Waiver of sovereign immunity of United States
(d) Authority for cause of action
(1) United States actions in United States district court
(2) United States actions in courts outside the United States
(3) Actions brought by individuals and businesses
(e) Recoupment
(1) Policy
(2) Sanctions on foreign companies
(A) Imposition of sanctionsThe sanctions provided in subparagraph (B) shall be imposed for a period of not less than ten years upon—
(i) any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, for whose actions or omissions the United States has been held liable for a tort or taking pursuant to this chapter; and
(ii) any foreign person or business entity organized and operating under the laws of a foreign nation which knowingly assisted, encouraged or induced, in any way, a foreign person described in clause (i) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information.
(B) Sanctions
(i) Arms export transactions
(ii) Sanctions under Export Administration Act of 1979
(iii) International financial assistance
(iv) Export-Import Bank transactions
(v) Private bank transactions
(vi) Blocking of assets
(vii) Denial of landing rights
(3) Sanctions on foreign governments
(A) Imposition of sanctions
(B) Sanctions
(i) Arms export transactions
(ii) Denial of certain licenses
(iii) Denial of assistance
(iv) Sanctions under Export Administration Act of 1979
(v) International financial assistance
(vi) Termination of assistance under Foreign Assistance Act of 1961
(vii) Private bank transactions
(viii) Private bank transactions
(ix) Denial of landing rights
(4) Suspension of sanctions upon recoupment by payment
(5) Waiver of sanctions on foreign countries
(6) Notification to Congress
(f) Sanctions for unauthorized disclosure of United States confidential business informationThe Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after October 21, 1998—
(1) is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure having resulted in financial loses 2
2 So in original. Probably should be “losses”.
or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this chapter;(2) traffics in United States confidential business information, a proven claim to which is owned by a United States national;
(3) is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).
(g) “United States confidential business information” definedIn this section, the term “United States confidential business information” means any trade secrets or commercial or financial information that is privileged and confidential—
(1) including—
(A) data described in section 6724(e)(2) of this title,
(B) any chemical structure,
(C) any plant design process, technology, or operating method,
(D) any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed, or produced, or
(E) any commercial sale, shipment, or use of a chemical, or
(2) as described in section 552(b)(4) of title 5,
and that is obtained—
(i) from a United States person; or
(ii) through the United States Government or the conduct of an inspection on United States territory under the Convention.
(Pub. L. 105–277, div. I, title I, § 103, Oct. 21, 1998, 112 Stat. 2681–861.)