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22 U.S.C. § 7425 — Prohibition on direct or indirect transfer of classified national security information and law enforcement information to the International Criminal Court
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than the date on which the Rome Statute enters into force, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information and law enforcement information to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(b) Indirect transfer** The procedures adopted pursuant to subsection (a) shall be designed to prevent the transfer to the United Nations and to the government of any country that is party to the International Criminal Court of classified national security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory assurances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(c) Construction** The provisions of this section shall not be construed to prohibit any action permitted under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7427&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-22/section-7425-prohibition-on-direct-or-indirect-transfer-of-classified-national-securi--de5a56a4be.md
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Source location: Title 22, Chapter 81, § 7425; chapter-081-international-criminal-court.md
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**(a) In general** Not later than the date on which the Rome Statute enters into force, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information and law enforcement information to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(b) Indirect transfer** The procedures adopted pursuant to subsection (a) shall be designed to prevent the transfer to the United Nations and to the government of any country that is party to the International Criminal Court of classified national security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory assurances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(c) Construction** The provisions of this section shall not be construed to prohibit any action permitted under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7427&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority** The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.
**(b) Persons authorized to be freed** The authority of subsection (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.
**(c) Authorization of legal assistance** When any person described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the International Criminal Court, the President is authorized to direct any agency of the United States Government to provide—
(1) legal representation and other legal assistance to that person (including, in the case of a person entitled to assistance under [section 1037 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1037&num=0&edition=prelim), representation and other assistance in the manner provided in that section);
(2) exculpatory evidence on behalf of that person; and
(3) defense of the interests of the United States through appearance before the International Criminal Court pursuant to Article 18 or 19 of the Rome Statute, or before the courts or tribunals of any country.
**(d) Bribes and other inducements not authorized** This section does not authorize the payment of bribes or the provision of other such incentives to induce the release of a person described in subsec
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7427
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Federal law — U.S. Code and appendices · legal_authorities
Page 1947
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7425
treaties and executive agreements for mutual
legal assistance in criminal matters, multilat-
eral conventions with legal assistance provi-
sions, and extradition treaties, to which the
United States is a party, and in connection with
the execution or issuance of any letter rogatory,
to prevent the transfer to, or other use by, the
International Criminal Court of any assistance
provided by the United States under such trea-
ties and letters rogatory.
(h) Prohibition on investigative activities of
agents
(1) In general
No agent of the International Criminal
Court may conduct, in the United States or
any territory subject to the jurisdiction of the
United States, any investigative activity re-
lating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the Inter-
national Criminal Court.
(2) Exception
The prohibition under paragraph (1) shall
not apply with respect to investigative activi-
ties that—
(A) relate solely to investigations and
prosecutions of foreign persons for crimes
within the jurisdiction of the International
Criminal Court related to the Situation in
Ukraine; and
(B) are undertaken in concurrence with
the Attorney General.
(Pub. L. 107–206, title II, § 2004, Aug. 2, 2002, 116
Stat. 902; Pub. L. 117–328, div. K, title VII,
§ 7073(a), Dec. 29, 2022, 136 Stat. 5092.)
Editorial Notes
AMENDMENTS
2022—Subsec. (h). Pub. L. 117–328 designated existing
provisions as par. (1), inserted heading, and added par.
(2).
Statutory Notes and Related Subsidiaries
RULE OF CONSTRUCTION
Pub. L. 117–328, div. K, title VII, § 7073(c), Dec. 29, 2022,
136 Stat. 5092, provided that: ‘‘Nothing in this section
[amending this section and section 7433 of this title]
ma
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7425
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.