Limitation on civil actions affected by United States sanctions

(a)

In general

Chapter 111 of title 28, United States Code, is amended by adding at the end the following:

1660.

Limitation on civil actions affected by United States sanctions

(a)

Limitation

Notwithstanding any provision of law, no person (other than the United States or a person acting on behalf of the United States) may bring a civil action in Federal or State court to enforce any foreign judgment or foreign arbitral award arising from a claim where— (1)the underlying conduct or circumstances giving rise to the claim resulted from actions to comply with United States sanctions impeding the performance of a contract; or (2)the court or tribunal issuing the judgment or arbitral award asserted jurisdiction based, in whole or in part, on the imposition of United States sanctions or export controls (or any foreign law enacted in response to the imposition of United States sanctions or export controls). (b)

Removal and dismissal

An action to recognize or enforce a foreign judgment or foreign arbitral award described in subsection (a) may be removed by any defendant to the appropriate United States district court, which shall dismiss the action. (c)

Rule of construction

Nothing in this section may be construed to limit— (1)the authority of the President, any delegate of the President (including the Office of Foreign Assets Control of the Department of the Treasury), or any other officer or official of the United States to bring any action or exercise any responsibility under any applicable State or Federal law; (2)any right, remedy, or cause of action available to a victim of international terrorism, torture, extrajudicial killing, aircraft sabotage, or hostage taking, who is, or was at the time of the victim’s injury, a national of the United States, a member of the United States Armed Forces, an employee of the United States Government, or an individual performing a contract awarded by the United States Government acting within the scope of the individual's employment, or a family member of any such victim, under any applicable State or Federal law, including— (A)chapter 97 of this title; (B)chapter 113B of title 18; and (C)the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) and any other laws providing for the application of sanctions with respect to Iran or Syria; (3)any right, remedy, or cause of action available to any party arising under or relating to the party’s contractual rights (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the parties agreed to resolve all disputes by litigation in a State or Federal court within the United States or by arbitration within the United States; or (4)any other right, remedy, or cause of action available to any party arising under State or Federal law (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the underlying conduct or circumstances giving rise to the claim resulted from the imposition of United States sanctions or export controls. (d)

United states sanctions defined

In this section: (1)

In general

The term United States sanctions means any prohibition, restriction, or condition on transactions involving any property in which any foreign country or national thereof has any interest that is imposed by the United States to address threats to the national security, foreign policy, or economy of the United States pursuant to— (A)section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702); or (B)any other provision of law, including any provision of law relating to export controls. (2)

Duties

The term United States sanctions does not include the imposition of a duty on the importation of goods.

(b)

Clerical amendment

The table of sections for such chapter is amended by inserting after the item relating to section 1659 the following new item:

1660. Limitation on civil actions affected by United States sanctions.

(c)

Application

Section 1660 of title 28, United States Code, as added by subsection (a), applies with respect to civil actions pending on or after the date of the enactment of this Act.