Defending American Property Abroad Act of 2026

Received in the Senate.

Apr 2, 2026

The Defending American Property Abroad Act of 2026 authorizes the President to prohibit vessels from entering the United States if those vessels have called at ports, harbors, or marine terminals in Western Hemisphere countries that have free trade agreements with the U.S., where the facility was previously owned by a U.S. entity or individual but has been nationalized or expropriated by that country's government. The prohibition remains in effect until the President determines that the country has restored the property, provided acceptable compensation, the conditions no longer apply, or the dispute is resolved to the President's satisfaction. The bill permits exceptions for vessels facing emergencies or, in certain cases, where the U.S. property owner granted access to the facility.

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Defending American Property Abroad Act of 2026 This bill authorizes the President to prohibit the entry of a vessel into the United States if the vessel has transited any U.S. port, harbor, or marine terminal that has been nationalized or expropriated (e.g., seized) by a Western Hemisphere country that has a free trade agreement with the United States. Under the bill, the President may prohibit the entry and operation of a vessel if it has called at any port, harbor, or marine terminal that was owned, held, or controlled by a U.S. entity or individual, but has been nationalized or expropriated by the government of a country that is located in the Western Hemisphere and has a free trade agreement in effect with the United States. The prohibition ends when the President determines that (1) the applicable country has restored ownership of the property that had been nationalized or expropriated, (2) the applicable country has provided mutually acceptable compensation for the nationalized or expropriated property, (3) the conditions for the prohibition are no longer satisfied, or (4) the dispute has been otherwise resolved to the satisfaction of the President. The bill permits certain foreign vessels that are otherwise prohibited from entering the United States under this bill or current law to enter if the vessel is experiencing an emergency (involving the vessel or an individual on the vessel) and in certain instances where access to a covered facility was granted by a U.S. property owner.