NOPEC

Bill: 115-hr-5904
Sponsor: full_name: Rep. Chabot, Steve [R-OH-1]
Introduced: 2018-05-22
Policy area: Foreign Trade and International Finance
Subjects: Competition and antitrust

Energy prices

Energy storage, supplies, demand

Government liability

Jurisdiction and venue

Oil and gas

Sovereignty, recognition, national governance and status
Latest action: action_date: 2018-06-13
text: Ordered to be Reported (Amended) by Voice Vote.

Summaries:
action_date: 2018-05-22
action_desc: Introduced in House
text: <p><b>No Oil Producing and Exporting Cartels Act of 2018 or NOPEC </b></p> <p>This bill amends the Sherman Act to prohibit a foreign state from engaging in collective action impacting the market, supply, price or distribution of oil, natural gas, or other petroleum product in the U.S. Specifically, a foreign state is prohibited from:</p> <ul> <li>collective action that limits the production or distribution of such product, </li> <li>collective action to set or maintain the price of such product, or </li> <li>any other action that restrains trade of such product. </li> </ul> <p>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. </p>

tv_txt: I 115th CONGRESS 2d Session H. R. 5904 IN THE HOUSE OF REPRESENTATIVES May 22, 2018 Mr. Chabot (for himself, Mr. Cicilline , Mr. Goodlatte , Mr. Nadler , Mr. Marino , and Mrs. Handel ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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 2018 or NOPEC . 2. Sherman act The Sherman Act ( 15 U.S.C. 1 et seq.) is amended by adding after section 7 the following: 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) Sovereign immunity 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) Inapplicability of act of state doctrine 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) 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. . 3. Sovereign immunity Section 1605(a) of title 28 of the United States Code is amended— (1) in paragraph (5) by striking or after the semicolon, (2) in paragraph (6) by striking the period and inserting ; or , and (3) by adding at the end the following: (7) in an action brought under section 7A of the Sherman Act. .