22 U.S.C. § 7423 — Prohibition on cooperation with the Inter-

Page 1946 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7423 7425 of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecu- tion of a named individual by the International Criminal Court. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority— (1) notifies the appropriate congressional committees of the intention to exercise such authority; and (2) determines and reports to the appropriate congressional committees that— (A) a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title is in effect; (B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the Inter- national Criminal Court’s investigation or prosecution; (C) it is in the national interest of the United States for the International Criminal Court’s investigation or prosecution of the named individual to proceed; and (D) in investigating events related to ac- tions by the named individual, none of the following persons will be investigated, ar- rested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an official capacity: (i) Covered United States persons. (ii) Covered allied persons. (iii) Individuals who were covered United States persons or covered allied persons. (d) Termination of waiver pursuant to sub- section (c) Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and require- ments of sections 7423 and 7425 of this title shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibitions and re- quirements of section 7424 of this title expires and is not extended pursuant to subsection (b). (e) Termination of prohibitions of this sub- chapter The prohibitions and requirements of sections 7423, 7424, and 7425 of this title shall cease to apply, and the authority of section 7427 of this title shall terminate, if the United States be- comes a party to the International Criminal Court pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States. (Pub. L. 107–206, title II, § 2003, Aug. 2, 2002, 116 Stat. 901; Pub. L. 110–181, div. A, title XII, § 1212(b)(1), Jan. 28, 2008, 122 Stat. 371.) Editorial Notes AMENDMENTS 2008—Subsecs. (a), (b). Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted ‘‘section 7424’’ for ‘‘sections 7424 and 7426’’ in heading and text. Subsecs. (c)(2)(A), (d). Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted ‘‘section 7424’’ for ‘‘sections 7424 and 7426’’. Subsec. (e). Pub. L. 110–181, § 1212(b)(1)(E), substituted ‘‘and 7425’’ for ‘‘7425, and 7426’’. § 7423. Prohibition on cooperation with the Inter- national Criminal Court (a) Application The provisions of this section— (1) apply only to cooperation with the Inter- national Criminal Court and shall not apply to cooperation with an ad hoc international criminal tribunal established by the United Nations Security Council before or after Au- gust 2, 2002, to investigate and prosecute war crimes committed in a specific country or dur- ing a specific conflict; and (2) shall not prohibit— (A) any action permitted under section 7427 of this title; or (B) communication by the United States of its policy with respect to a matter. (b) Prohibition on responding to requests for co- operation Notwithstanding section 1782 of title 28 or any other provision of law, no United States Court, and no agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court in re- sponse to a request for cooperation submitted by the International Criminal Court pursuant to the Rome Statute. (c) Prohibition on transmittal of letters rogatory from the International Criminal Court Notwithstanding section 1781 of title 28 or any other provision of law, no agency of the United States Government may transmit for execution any letter rogatory issued, or other request for cooperation made, by the International Crimi- nal Court to the tribunal, officer, or agency in the United States to whom it is addressed. (d) Prohibition on extradition to the Inter- national Criminal Court Notwithstanding any other provision of law, no agency or entity of the United States Gov- ernment or of any State or local government may extradite any person from the United States to the International Criminal Court, nor support the transfer of any United States citizen or permanent resident alien to the International Criminal Court. (e) Prohibition on provision of support to the International Criminal Court Notwithstanding any other provision of law, no agency or entity of the United States Gov- ernment or of any State or local government, including any court, may provide support to the International Criminal Court. (f) Prohibition on use of appropriated funds to assist the International Criminal Court Notwithstanding any other provision of law, no funds appropriated under any provision of law may be used for the purpose of assisting the investigation, arrest, detention, extradition, or prosecution of any United States citizen or per- manent resident alien by the International Criminal Court. (g) Restriction on assistance pursuant to mutual legal assistance treaties The United States shall exercise its rights to limit the use of assistance provided under all 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] may be construed to modify the existing roles or au- thorities of any Federal agency or official.’’ § 7424. Restriction on United States participation in certain United Nations peacekeeping oper- ations (a) Policy Effective beginning on the date on which the Rome Statute enters into force pursuant to Ar- ticle 126 of the Rome Statute, the President should use the voice and vote of the United States in the United Nations Security Council to ensure that each resolution of the Security Council authorizing any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations permanently exempts, at a minimum, members of the Armed Forces of the United States par- ticipating in such operation from criminal pros- ecution or other assertion of jurisdiction by the International Criminal Court for actions under- taken by such personnel in connection with the operation. (b) Restriction Members of the Armed Forces of the United States may not participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations, the creation of which is authorized by the United Nations Security Council on or after the date that the Rome Statute enters into ef- fect pursuant to Article 126 of the Rome Stat- ute, unless the President has submitted to the appropriate congressional committees a certifi- cation described in subsection (c) with respect to such operation. (c) Certification The certification referred to in subsection (b) is a certification by the President that— (1) members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because, in authorizing the op- eration, the United Nations Security Council permanently exempted, at a minimum, mem- bers of the Armed Forces of the United States participating in the operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for ac- tions undertaken by them in connection with the operation; (2) members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because each country in which members of the Armed Forces of the United States participating in the operation will be present either is not a party to the Inter- national Criminal Court and has not invoked the jurisdiction of the International Criminal Court pursuant to Article 12 of the Rome Stat- ute, or has entered into an agreement in ac- cordance with Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against members of the Armed Forces of the United States present in that country; or (3) the national interests of the United States justify participation by members of the Armed Forces of the United States in the peacekeeping or peace enforcement operation. (Pub. L. 107–206, title II, § 2005, Aug. 2, 2002, 116 Stat. 903.) § 7425. Prohibition on direct or indirect transfer of classified national security information and law enforcement information to the International Criminal Court (a) In general Not later than the date on which the Rome Statute enters into force, the President shall en- sure that appropriate procedures are in place to prevent the transfer of classified national secu- rity information and law enforcement informa-