110 HR 2264 PCS: NOPEC
U.S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
No Oil Producing and Exporting Cartels
Act of 2007
or NOPEC
.
2.The Sherman Act
(15 U.S.C. 1 et
seq.) is amended by adding after section 7 the
following:
7A.(a)It shall be illegal and a
violation of this Act for any foreign state, or any instrumentality or agent of
any foreign state, to act collectively or in combination with any other foreign
state, any instrumentality or agent of any other foreign state, or any other
person, whether by cartel or any other association or form of cooperation or
joint action—
(1)to limit the
production or distribution of oil, natural gas, or any other petroleum
product;
(2)to set or maintain
the price of oil, natural gas, or any petroleum product; or
(3)to otherwise take
any action in restraint of trade for oil, natural gas, or any petroleum
product;
when such
action, combination, or collective action has a direct, substantial, and
reasonably foreseeable effect on the market, supply, price, or distribution of
oil, natural gas, or other petroleum product in the United States.(b)A foreign state
engaged in conduct in violation of subsection (a) shall not be immune under the
doctrine of sovereign immunity from the jurisdiction or judgments of the courts
of the United States in any action brought to enforce this section.
(c)No court of the
United States shall decline, based on the act of state doctrine, to make a
determination on the merits in an action brought under this section.
(d)The Attorney
General of the United States may bring an action to enforce this section in any
district court of the United States as provided under the antitrust
laws.
.
3.Section 1605(a) of
title 28, United States Code, is amended—
(1)in paragraph (6),
by striking or
after the semicolon;
(2)in
paragraph (7), by striking the period and inserting ; or
;
and
(3)by adding at the
end the following:
(8)in which the
action is brought under section 7A of the Sherman
Act.
.
Passed the House of
Representatives May 22, 2007.
Lorraine C. Miller,
Clerk.
May 23, 2007
Received; read twice and placed on the
calendar