NOPEC

Bill: 109-s-555
Sponsor: Sen. DeWine, Mike [R-OH]
Introduced: 2005-03-08 in the Senate
Policy area: Commerce
Subjects: Antitrust law
Cartels
Crime and Law Enforcement
Energy
Energy prices
Energy supplies
Foreign Trade and International Finance
Government liability (International law)
International Affairs
Law
OPEC countries
Petroleum industry
Privileges and immunities
Restrictive trade practices

Summary:
action_date: 2005-03-08
text: 
No Oil Producing and Exporting Cartels Act of 2005 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. 
 
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgements of U.S. courts in any action brought to enforce this Act.
 
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
 
Authorizes the Attorney General and the Federal Trade Commission to bring an action in U.S. district court to enforce this Act.
 
Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.

action_date: 2005-04-14
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
No Oil Producing and Exporting Cartels Act of 2005 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. 
 
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act.
 
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
 
Authorizes the Attorney General and the Federal Trade Commission (FTC) to bring an action in U.S. district court to enforce this Act.
 
Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.


Legislative actions:
action_date: 2005-04-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 73.
action_date: 2005-04-14
text: Committee on the Judiciary. Reported by Senator Specter without amendment. Without written report.
action_date: 2005-04-14
text: Committee on the Judiciary. Reported by Senator Specter without amendment. Without written report.
action_date: 2005-04-14
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2005-03-08
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S2256-2257)
action_date: 2005-03-08
text: Sponsor introductory remarks on measure. (CR S2256)
action_date: 2005-03-08
text: Introduced in Senate