22 U.S.C. § 263b — Transnational repression accountability

Page 92 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262t DEFINITIONS The definitions in section 262r of this title apply to this section. § 262t. Personnel practices (a) Statement of policy It shall be the policy of the United States that no initiatives, discussions, or recommendations concerning the placement or removal of any per- sonnel employed by the international financial institutions shall be based on the political phi- losophy or activity of the individual under con- sideration. (b) Consultation The Secretary of the Treasury shall consult with the Chairman and the ranking minority member of the Committee on Banking, Finance and Urban Affairs of the House of Representa- tives and the Committee on Foreign Relations of the Senate before any discussion or rec- ommendations by any official of the United States Government concerning the placement or removal of any principal officer of any inter- national financial institutions. (Pub. L. 95–118, title XIX, § 1901, as added Pub. L. 101–240, title V, § 541(a), Dec. 19, 1989, 103 Stat. 2517.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. DEFINITIONS The definitions in section 262r of this title apply to this section. § 263. International Prison Commission The United States shall continue as an adher- ing member of the International Prison Com- mission and participate in the work of said com- mission. The Secretary of the Treasury be, and he is hereby, authorized annually to pay the pro rata share of the United States in the administration expenses of the International Prison Commis- sion and the necessary expenses of a commis- sioner to represent the United States on said commission at its annual meetings, together with necessary clerical and other expenses, out of any money which shall be appropriated for such purposes from time to time by Congress. (Feb. 28, 1913, ch. 86, 37 Stat. 692.) § 263a. International Criminal Police Organiza- tion The Attorney General is authorized to accept and maintain, on behalf of the United States, membership in the International Criminal Po- lice Organization, and to designate any depart- ments and agencies which may participate in the United States representation with that orga- nization. All dues and expenses to be paid for the membership of the United States shall be paid out of sums authorized and appropriated for the Department of Justice. (June 10, 1938, ch. 335, 52 Stat. 640; Pub. L. 85–768, Aug. 27, 1958, 72 Stat. 921; Pub. L. 90–159, Nov. 28, 1967, 81 Stat. 517; Pub. L. 92–380, § 1, Aug. 10, 1972, 86 Stat. 531; Pub. L. 93–468, § 1, Oct. 24, 1974, 88 Stat. 1422; Pub. L. 95–624, § 21(a), Nov. 9, 1978, 92 Stat. 3466.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–624 substituted provision authorizing payment of all dues and expenses for membership of the United States out of sums authorized and appropriated for Department of Justice for provisions authorizing each participating department and agency to pay its pro rata share of expenses of such membership and for- bidding total dues paid for such membership to exceed $120,000 per annum. 1974—Pub. L. 93–468 substituted ‘‘$120,000’’ for ‘‘$80,000’’. 1972—Pub. L. 92–380 substituted ‘‘$80,000’’ for ‘‘$28,500’’. 1967—Pub. L. 90–159 substituted ‘‘$28,500’’ for ‘‘$25,000’’. 1958—Pub. L. 85–768 authorized the Attorney General to designate departments and agencies which may par- ticipate, on a pro rata share basis, in the United States representation with the International Criminal Police Organization, and increased from $1,500 to $25,000 per annum the amount of expenses which may be incurred by reason of United States membership. § 263b. Transnational repression accountability and prevention (a) Sense of Congress It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute polit- ical opponents, human rights defenders, or jour- nalists. (b) Support for INTERPOL institutional reforms The Attorney General and the Secretary of State shall— (1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at im- proving the transparency of INTERPOL and ensuring its operation consistent with its Con- stitution, particularly articles 2 and 3, and Rules on the Processing of Data, including— (A) supporting INTERPOL’s reforms en- hancing the screening process for Notices, Diffusions, and other INTERPOL commu- nications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD); (B) supporting and strengthening INTERPOL’s coordination with the Commis- Page 93 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 263b sion for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL com- munication against an individual in viola- tion of articles 2 or 3 of the INTERPOL Con- stitution, or the RPD, to prohibit such mem- ber country from seeking the publication or issuance of any subsequent Notices, Diffu- sions, or other INTERPOL communication against the same individual based on the same set of claims or facts; (C) increasing, to the extent practicable, dedicated funding to the CCF and the No- tices and Diffusions Task Force in order to further expand operations related to the re- view of requests for red notices and red dif- fusions; (D) supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, Gen- eral Secretariat, and CCF who have dem- onstrated experience relating to and respect for the rule of law; (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of— (i) the number of Notice requests, disaggregated by color, that it received; (ii) the number of Notice requests, disaggregated by color, that it rejected; (iii) the category of violation identified in each instance of a rejected Notice; (iv) the number of Diffusions that it can- celled without reference to decisions by the CCF; and (v) the sources of all INTERPOL income during the reporting period; and (F) supporting greater transparency by the CCF in its annual report by providing a de- tailed account, disaggregated by country, of— (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffu- sions, and other INTERPOL communica- tions; and (ii) the category of violation alleged in each such complaint; (2) inform the INTERPOL General Secre- tariat about incidents in which member coun- tries abuse INTERPOL communications for politically motivated or other unlawful pur- poses so that, as appropriate, action can be taken by INTERPOL; and (3) request to censure member countries that repeatedly abuse and misuse INTERPOL’s red notice and red diffusion mechanisms, includ- ing restricting the access of those countries to INTERPOL’s data and information systems. (c) Report on INTERPOL (1) In general Not later than 180 days after December 27, 2021, and biannually thereafter for a period of 4 years, the Attorney General and the Sec- retary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red No- tices, Diffusions, and other INTERPOL com- munications for political motives and other unlawful purposes within the past three years. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red no- tice and red diffusion mechanisms for polit- ical purposes. (B) A description of the most common tac- tics employed by member countries in con- ducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abu- sive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Oper- ating Rules, and any shortcoming the United States believes should be addressed. (D) A description of how INTERPOL’s Gen- eral Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL’s rules and how INTERPOL re- views and addresses cases in which a mem- ber country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes. (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive depart- ments or agencies have relied on INTERPOL communications in contravention of exist- ing law or policy to seek the detention of in- dividuals or render judgments concerning their immigration status or requests for asy- lum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive de- partments or agencies took in response to these incidents. (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the in- terests of the United States, including citi- zens and nationals of the United States, em- ployees of the United States Government, aliens lawfully admitted for permanent resi- dence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications tar- geting employees of the United States Gov- ernment for activities they undertook in an official capacity. (H) A description of United States advo- cacy for reform and good governance within INTERPOL. Page 94 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 263c (I) A strategy for improving interagency coordination to identify and address in- stances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nation- als of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (3) Form of report Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice. (4) Briefing Not later than 30 days after the submission of each report under paragraph (1), the Depart- ment of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Con- gress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. (d) Prohibition regarding basis for extradition No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual. (e) Definitions In this section: (1) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications The term ‘‘INTERPOL communications’’ means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL. (Pub. L. 117–81, div. F, title LXV, § 6503, Dec. 27, 2021, 135 Stat. 2423.) § 263c. Anti-piracy information sharing The Secretary is authorized to provide for the participation by the United States in the Infor- mation Sharing Centre located in Singapore, as established by the Regional Cooperation Agree- ment on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). (Pub. L. 117–81, div. E, title LI, § 5107, Dec. 27, 2021, 135 Stat. 2347.) Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–81, div. E, § 5002, Dec. 27, 2021, 135 Stat. 2341, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives. ‘‘(2) DEPARTMENT.—If not otherwise specified, the term ‘Department’ means the Department of State. ‘‘(3) SECRETARY.—If not otherwise specified, the term ‘Secretary’ means the Secretary of State.’’ §§ 264, 265. Omitted Editorial Notes CODIFICATION Section 264, act Aug. 18, 1894, ch. 301, 28 Stat. 418, which related to Pan American Union, was superseded by Convention of 1928, ratified by the United States and providing that the government of Pan American Union should be vested in a governing board. Section 265, act Jan. 25, 1929, ch. 102, title I, 45 Stat. 1102, which was from an appropriation act, related to disposition of receipts of Pan American Union, and was not repeated in subsequent appropriation acts. § 266. International commission of congresses of navigation; authorization of appropriation for expenses The sum of $3,000 a year is authorized to be ap- propriated, out of any money in the Treasury not otherwise appropriated, for the support and maintenance of the permanent international commission of the congresses of navigation and for the payment of the actual expenses of the properly accredited national delegates of the United States to the meetings of the congresses and of the commission; and the Secretary of the Army is authorized to draw his warrant each year upon the Secretary of the Treasury for such sum, not to exceed $3,000, as may in his opinion be proper to apply to the purposes above mentioned, and the said sum shall be disbursed under such regulations as may be prescribed by the Secretary of the Army. The national delegates aforesaid from the United States shall serve without compensation, but shall be reimbursed for their actual expenses incurred while traveling to and from the meet- ings, and while in attendance thereon, from the funds appropriated in this section and author- ized to be expended. (June 28, 1902, ch. 1306, 32 Stat. 485; June 26, 1934, ch. 756, § 2, 48 Stat. 1225; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Act June 26, 1934, ch. 756, § 2(a), 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, provided for the repeal, effective July 1,