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Shipping - 46 USC Appendix Section 143
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01/19/04 Sec. 143. Retaliation on denial of rights to United States vessels
in British North America
Whenever the President of the United States shall be satisfied
that American fishing vessels or American fishermen, visiting or
being in the waters or at any ports or places of the British
dominions of North America, are or then lately have been denied or
abridged in the enjoyment of any rights secured to them by treaty
or law, or are or then lately have been unjustly vexed or harassed
in the enjoyment of such rights, or subjected to unreasonable
restrictions, regulations, or requirements in respect of such
rights; or otherwise unjustly vexed or harassed in said waters,
ports, or places; or whenever the President of the United States
shall be satisfied that any such fishing vessels or fishermen,
having a permit under the laws of the United States to touch and
trade at any port or ports, place or places, in the British
dominions of North America, are or then lately have been denied the
privilege of entering such port or ports, place or places in the
same manner and under the same regulations as may exist therein
applicable to trading vessels of the most favored nation, or shall
be unjustly vexed or harassed, in respect thereof, or otherwise be
unjustly vexed or harassed therein, or shall be prevented from
purchasing such supplies as may there be lawfully sold to trading
vessels of the most favored nation; or whenever the President of
the United States shall be satisfied that any other vessels of the
United States, their masters, or crews, so arriving at or being in
such British waters or ports or places of the British dominions of
North America, are or then lately have been denied any of the
privileges therein accorded to the vessels, their masters, or
crews, of the most favored nation, or unjustly vexed or harassed in
respect of the same, or unjustly vexed or harassed therein by the
authorities thereof, then, and in either or all of such cases, it
shall be lawful, and it shall be the duty of the President of the
United States, in his discretion, by proclamation to that effect,
to deny vessels, their masters and crews, of the British dominions
of North America, any entrance into the waters, ports, or places of
or within the United States (with such exceptions in regard to
vessels in distress, stress of weather, or needing supplies as to
the President shall seem proper), whether such vessel shall have
come directly from said dominions on such destined voyage or by way
of some port or place in such destined voyage elsewhere; and also
to deny entry into any port or place of the United States of fresh
fish or salt fish or any other product of said dominions, or other
goods coming from said dominions to the United States. The
President may, in his discretion, apply such proclamation to any
part or to all of the foregoing named subjects, and may revoke,
qualify, limit, and renew such proclamation from time to time as he
may deem necessary to the full and just execution of the purposes
of this section. Every violation of any such proclamation, or any
part thereof, is declared illegal, and all vessels and goods so
coming or being within the waters, ports, or places of the United
States contrary to such proclamation shall be forfeited to the
United States; and such forfeiture shall be enforced and proceeded
upon in the same manner and with the same effect as in the case of
vessels or goods whose importation or coming to or being in the
waters or ports of the United States contrary to law may be
enforced and proceeded upon. Every person who shall violate any of
the provisions of this section, or such proclamation of the
President made in pursuance hereof, shall be deemed guilty of a
misdemeanor, and, on conviction thereof, shall be punished by a
fine not exceeding $1,000, or by imprisonment for a term not
exceeding two years, or by both said punishments, in the discretion
of the court.
Last modified: April 20, 2006
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