Page:United States Statutes at Large Volume 124.djvu/3057

124 STAT. 3031 PUBLIC LAW 111–281—OCT. 15, 2010 (h) NONPAYMENT PENALTY.—Any person who fails to pay on a timely basis a civil penalty assessed under this section shall also be liable to the United States for interest on the penalty at an annual rate equal to 11 percent compounded quarterly, attorney fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. That nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of that person’s pen- alties and nonpayment penalties that are unpaid as of the beginning of that quarter. SEC. 1043. LIABILITY IN REM. A vessel operated in violation of the Convention, this title, or any regulation prescribed under this title, is liable in rem for any fine imposed under section 18, United States Code, or civil penalty assessed pursuant to section 1042, and may be proceeded against in the United States district court of any district in which the vessel may be found. SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCA- TION; BOND OR OTHER SURETY. If any vessel that is subject to the Convention or this title, or its owner, operator, or person in charge, is liable for a fine or civil penalty under section 1042 or 1043, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil penalty under section 1042 or 1043, the Secretary may refuse or revoke the clearance required by section 60105 of title 46, United States Code. Clearance may be granted upon the filing of a bond or other surety satisfaction to the Secretary. SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION. (a) IN GENERAL.—If a vessel is detected to be in violation of the Convention, this title, or any regulation prescribed under this title, the Secretary may warn, detain, dismiss, or exclude the vessel from any port or offshore terminal under the jurisdiction of the United States. (b) NOTIFICATIONS.—If action is taken under subsection (a), the Secretary, in consultation with the Secretary of State, shall make the notifications required by the Convention. SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN COUNTRY. Notwithstanding sections 1041, 1042, 1043, and 1045, if a viola- tion of the Convention is committed by a vessel registered in or of the nationality of a country that is a party to the Convention, or by a vessel operated under the authority of a country that is a party to the Convention, the Secretary, acting in coordination with the Secretary of State, may refer the matter to the government of the country of the vessel’s registry or nationality, or under whose authority the vessel is operating, for appropriate action, rather than taking the actions otherwise required or authorized by this subtitle. SEC. 1047. REMEDIES NOT AFFECTED. (a) IN GENERAL.—Nothing in this title limits, denies, amends, modifies, or repeals any other remedy available to the United States. 33 USC 3857. 33 USC 3856. 33 USC 3855. 33 USC 3854. 33 USC 3853.