[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 224 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 224
To impose sanctions with respect to associates of the International
Criminal Court engaged in investigations of personnel of the United
States and its allies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2023
Mr. Cotton (for himself, Mr. Cruz, and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to associates of the International
Criminal Court engaged in investigations of personnel of the United
States and its allies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegitimate Court Counteraction Act
of 2023''.
SEC. 2. SANCTIONS WITH RESPECT TO THE INTERNATIONAL CRIMINAL COURT.
(a) In General.--If the International Criminal Court is conducting
an active investigation of, is engaged in a preliminary examination of,
or is pursuing charges against a protected person, the President shall
impose--
(1) the sanctions described in subsection (b) with respect
to a covered International Criminal Court employee or
associate; and
(2) the sanctions described in subsection (b)(2) with
respect to any foreign person who is--
(A) an employee of the International Criminal
Court;
(B) determined to be acting as an agent of the
International Criminal Court or an employee of the
International Criminal Court; or
(C) an immediate family member of a covered
International Criminal Court employee or associate.
(b) Sanctions Described.--The sanctions described in this
subsection that shall be imposed with respect to a covered
International Criminal Court employee or associate are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in all property and
interests in property of the covered International Criminal
Court employee or associate if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an alien described in
subparagraph (A) shall be revoked, regardless
of when such visa or other entry documentation
was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) Exceptions.--
(1) Exception relating to importation of goods.--
(A) In general.--A requirement to block and
prohibit all transactions in all property and interests
in property under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good.--In this paragraph, the term ``good''
means any article, natural or manmade substance,
material, supply or manufactured product, including
inspection and test equipment, and excluding technical
data.
(2) Exception to comply with united nations headquarters
agreement and law enforcement objectives.--Sanctions under
subsection (b)(2) shall not apply with respect to an alien if
admitting or paroling the alien into the United States--
(A) would further important United States law
enforcement objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Admitted alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Covered international criminal court employee or
associate.--The term ``covered International Criminal Court
employee or associate'' means a foreign person that--
(A) has directly or indirectly engaged in or
otherwise aided any effort or action by the
International Criminal Court to investigate, arrest,
detain, or prosecute a protected person;
(B) has materially assisted, sponsored, or provided
financial, material, or technological support for, or
goods or services to or in support of such efforts by
the International Criminal Court described in
subparagraph (A); or
(C) is owned or controlled by, or has acted or
purports to have acted, directly or indirectly, for or
on behalf of any person that engages in such efforts by
the International Criminal Court described in
subparagraph (A).
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Immediate family member.--The term ``immediate family
member'', with respect to a foreign person, means the spouse,
parent, sibling, or adult child of the person.
(5) Protected person.--The term ``protected person''
means--
(A) a member of the Armed Forces of the United
States;
(B) a former member of the Armed Forces of the
United States who is being investigated by the
International Criminal Court for alleged actions that
occurred while the individual was a member of the Armed
Forces;
(C) an employee or contractor of the United States
Government who--
(i) assists the Armed Forces of the United
States; or
(ii) has any role in creating or
implementing policies of the Armed Forces;
(D) a former employee or contractor of the United
States Government who--
(i) as an employee or contractor, assisted
the Armed Forces or had any role in creating or
implementing policies of the Armed Forces; and
(ii) is being investigated by the
International Criminal Court for alleged
actions that occurred while the individual was
an employee or contractor of the United States
Government;
(E) a member of the armed forces of a country
that--
(i) is a treaty ally or partner of the
United States;
(ii) is not a state party to the Rome
Statute of the International Criminal Court;
and
(iii) has not consented to the involvement
of the International Criminal Court in the
relevant investigation; or
(F) an individual who--
(i) is a former member of the armed forces
of a country that--
(I) is a treaty ally or partner of
the United States;
(II) is not a state party to the
Rome Statute of the International
Criminal Court; and
(III) has not consented to the
involvement of the International
Criminal Court in the relevant
investigation; and
(ii) is being investigated by the
International Criminal Court for alleged
actions that occurred while the individual was
a member of the armed forces of such country.
(6) Treaty ally or partner of the united states.--The term
``treaty ally or partner of the United States'' means any of
the following:
(A) A foreign country that is a party to any of the
following:
(i) The North Atlantic Treaty, signed at
Washington, April 4, 1949.
(ii) The Security Treaty Between Australia,
New Zealand, and the United States of America,
signed at San Francisco, September 1, 1951.
(iii) The Mutual Defense Treaty Between the
United States of America and the Republic of
the Philippines, signed at Washington, August
30, 1951.
(iv) The Treaty of Mutual Cooperation and
Security Between the United States of America
and Japan, signed at Washington, January 19,
1960.
(v) The Mutual Defense Treaty Between the
United States of America and the Republic of
Korea, signed at Washington, October 1, 1953.
(B) Israel.
(C) Taiwan.
(D) Sweden.
(E) Finland.
(7) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
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