NOPEC

To amend the Sherman Act to make oil-producing and exporting cartels illegal. 1. Short title This Act may be cited as the No Oil Producing and Exporting Cartels Act of 2021 NOPEC 2. Sherman Act The Sherman Act ( 15 U.S.C. 1 et seq. 7A. Oil producing cartels (a) In general 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) Inapplicability of defenses No court of the United States shall decline, based on the act of state, foreign sovereign compulsion, or political question doctrine to make a determination on the merits in an action brought under this section. (c) Enforcement The Attorney General of the United States shall have the sole authority to bring an action to enforce this section. Any such action shall be brought in any district court of the United States as provided under the antitrust laws. . 3. No sovereign immunity in oil cartel cases Title 28, United States Code, is amended— (1) in section 1605(a)— (A) in paragraph (5), by striking or (B) in paragraph (6), by striking the period and inserting ; or (C) by adding at the end the following: (7) in which the action is brought under section 7A of the Sherman Act. ; and (2) in section 1610(a)— (A) in paragraph (7) by striking the period at the end and inserting , or (B) by adding at the end the following: (8) the judgment relates to a claim that is brought under section 7A of the Sherman Act. . 4. Severability If any provision of this Act (or of an amendment made by this Act) is held invalid the remainder of this Act (or of the amendment) shall not be affected thereby. October 18, 2022 Reported under authority of the order of the Senate of October 14, 2022, without amendment

Summary: No Oil Producing and Exporting Cartels Act of 2021 or NOPEC This bill prohibits a foreign state from engaging in collective action impacting the market, supply, price, or distribution of oil, natural gas, or any other petroleum product in the U.S. Specifically, a foreign state is prohibited from collective action that limits the production or distribution of such product, collective action to set or maintain the price of such product, or any other action that restrains trade of such product. Specified defenses such as sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts) and the act of state doctrine (i.e., the prohibition of a court invalidating an official act of a foreign sovereign performed within its own territory) shall not apply to a foreign state's violation of this bill.