II 
Calendar No. 169 
110TH CONGRESS 
1ST SESSION H. R. 2264 
IN THE SENATE OF THE UNITED STATES 
MAY 23, 2007 
Received; read twice and placed on the calendar 
AN ACT 
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, 
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. (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 com-
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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) 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 determina-
tion 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 
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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.’’. 
Passed the House of Representatives May 22, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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H2264
Calendar No. 169 
110TH CONGRESS 
1ST SESSION 
H. R. 2264 
AN ACT 
To amend the Sherman Act to make oil-producing 
and exporting cartels illegal. 
MAY 23, 2007 
Received; read twice and placed on the calendar 
VerDate Aug 31 2005 
02:23 May 24, 2007
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PO 00000
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H2264