IB 
Union Calendar No. 96 
110TH CONGRESS 
1ST SESSION H. R. 2264 
[Report No. 110–160] 
To amend the Sherman Act to make oil-producing and exporting cartels 
illegal. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2007 
Mr. CONYERS (for himself, Mr. CHABOT, and Ms. ZOE LOFGREN of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on the Judiciary 
MAY 21, 2007 
Additional sponsors: Mr. KAGEN, Mr. HILL, Mr. COHEN, Ms. CLARKE, Mr. 
ARCURI, Mr. SPACE, Mr. SESTAK, Mr. KUCINICH, Mr. MURPHY of Con-
necticut, and Mr. HALL of New York 
MAY 21, 2007 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
A BILL 
To amend the Sherman Act to make oil-producing and 
exporting cartels illegal. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Oil Producing and 
Exporting Cartels Act of 2007 or ‘NOPEC’ ’’. 
SEC. 2. SHERMAN ACT. 
The Sherman Act (15 U.S.C. 1 et seq.) is amended 
by adding after section 7 the following: 
‘‘SEC. 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 com-
bination 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 co-
operation 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) SOVEREIGN IMMUNITY.—A foreign state en-
gaged in conduct in violation of subsection (a) shall not 
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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) INAPPLICABILITY
OF ACT
OF STATE DOC-
TRINE.—No court of the United States shall decline, 
based on the act of state doctrine, to make a determina-
tion on the merits in an action brought under this section. 
‘‘(d) ENFORCEMENT.—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.’’. 
SEC. 3. SOVEREIGN IMMUNITY. 
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 sec-
tion 7A of the Sherman Act.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Oil Producing and 
Exporting Cartels Act of 2007’’ or ‘‘NOPEC’’. 
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SEC. 2. SHERMAN ACT. 
The Sherman Act (15 U.S.C. 1 et seq.) is amended by 
adding after section 7 the following: 
‘‘SEC. 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. 
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‘‘(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.’’. 
SEC. 3. SOVEREIGN IMMUNITY. 
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.’’. 
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Union Calendar No. 96 
110TH CONGRESS 
1ST SESSION 
H. R. 2264 
[Report No. 110–160] 
A BILL 
To amend the Sherman Act to make oil-producing 
and exporting cartels illegal. 
MAY 21, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Aug 31 2005 
02:09 May 22, 2007
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