Overview
Title
An Act To amend title 28, United States Code, to limit the availability of civil actions affected by United States sanctions, and for other purposes.
ELI5 AI
The "Protecting Americans from Russian Litigation Act of 2024" is a rule saying that people can't sue if a United States punishment happens after a deal is made. It makes sure American people or companies who follow these rules aren’t in trouble for doing so.
Summary AI
H.R. 9563, titled the “Protecting Americans from Russian Litigation Act of 2024,” aims to amend title 28 of the United States Code by limiting certain civil actions in federal courts related to United States sanctions. Specifically, it prevents individuals from filing lawsuits to seek compensation for claims if the issue arises due to U.S. sanctions that were imposed after a contract was signed. The bill ensures that U.S. nationals are not penalized for complying with these sanctions, while also specifying that it should not interfere with the President's authority or the rights of victims of certain international crimes.
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AnalysisAI
Summary of the Bill
The legislation, titled the "Protecting Americans from Russian Litigation Act of 2024," aims to protect U.S. citizens and businesses from legal repercussions stemming from complying with U.S. sanctions, particularly against foreign entities. Specifically, it amends title 28 of the United States Code to prevent individuals from filing certain lawsuits in federal court if they result from U.S. sanctions interfering with pre-existing contracts. Additionally, this bill aims to ensure that foreign entities cannot seek compensation related to the compliance actions of U.S. persons.
Significant Issues
One of the key issues with this bill is the broad definition of "United States sanctions," which may create confusion about which sanctions precisely fall under this legislation. Vague language, such as "any other provision of law, including any export controls," lacks precision and could create uncertainty for businesses and individuals about what the bill covers. Additionally, the bill does not clearly define critical terms like "United States persons" and "foreign persons," leading to potential ambiguities that could disadvantage those affected.
Another significant concern is that the policy statement and subsequent sections do not address potential conflicts with international laws. This omission could complicate matters for multinational companies that must navigate both U.S. and foreign legal systems. Moreover, the bill lacks an analysis of economic impacts and does not detail how the enforcement or monitoring of compliance will be managed.
Impact on the Public
Broadly, the bill could have various implications for the public, especially those involved in international trade or business with contracted obligations affected by sanctions. By limiting legal actions related to compliance with sanctions, the bill seeks to provide some protection for U.S. entities from foreign litigations and perceived unfounded legal claims. However, this broad limitation might also inadvertently shield certain entities from legitimate legal claims, potentially creating a loophole that could be exploited.
Impact on Specific Stakeholders
For U.S. businesses and individuals, particularly those engaged in international trade or with significant foreign dealings, this bill provides a legal safeguard against the complexities and potential financial liabilities of complying with U.S. sanctions. It is especially relevant in dealings with countries subject to frequent sanction changes, like Russia.
On the other hand, foreign entities and multinational corporations might view this legislation less favorably. By restricting civil litigations linked to U.S. sanctions, foreign stakeholders might find themselves limited in their legal recourses when and if contractual obligations are disrupted by sanction compliance. This could lead to tensions between international stakeholders and U.S. entities, potentially complicating diplomatic and trade relationships.
Ultimately, while the intent of the bill is to protect U.S. interests, it may also necessitate further scrutiny and potential amendments to address its broader international implications and ensure clear understanding and fair application.
Issues
The broad definition of 'United States sanctions' in Sections 3 and §1660(c) might lead to ambiguity regarding what specific sanctions apply, potentially causing confusion for businesses and individuals affected by these sanctions. The inclusion of vague terms like 'any other provision of law, including any export controls' necessitates more precise identification of applicable legal frameworks.
Section 2 and Section 3(a) lack specificity and definitions for important terms like 'United States persons,' 'foreign persons,' and 'compensation,' which could lead to ambiguity or misinterpretation, potentially resulting in unintended disadvantages for U.S. citizens and businesses complying with sanctions.
The statement of policy in Section 2 fails to address the potential economic implications or impacts on international relations of U.S. sanctions, which could be critical aspects influencing compliance and enforcement strategies, potentially leading to oversight or conflict with laws of other countries.
The complexity and broad exceptions embedded in the Rule of Construction (§1660(b)) might lead to confusion or differing interpretations regarding when civil actions are limited by U.S. sanctions. This could create challenges for legal experts and affected parties in understanding and predicting legal outcomes.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act gives it the official name "Protecting Americans from Russian Litigation Act of 2024."
2. Statement of policy Read Opens in new tab
Summary AI
The policy of the United States is aimed at protecting its citizens from negative consequences when they follow U.S. sanctions and export rules. Additionally, the policy tries to prevent foreign individuals or entities from receiving compensation related to actions of U.S. persons who are following these regulations in good faith.
3. Limitation on civil actions affected by United States sanctions Read Opens in new tab
Summary AI
The section adds a new law that prevents people from suing in federal court for issues arising from U.S. sanctions that interfere with contracts made before the sanctions were enacted. It also clarifies that this law does not limit the government's authority to manage legal matters or the rights of victims of serious crimes such as terrorism and torture.
1660. Limitation on civil actions affected by United States sanctions Read Opens in new tab
Summary AI
A person cannot file a lawsuit in Federal court seeking relief for issues caused by U.S. sanctions that interfere with contract performance if those sanctions were imposed after the contract was signed. However, this does not restrict the President's powers or the rights of victims of terrorism or related acts to seek remedies.