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 Texts
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"Nethercutt Amendment"
to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2008, a division
of the Consolidated Appropriations Act, 2008 (H.R. 2764) approved by Congress on December 19, 2007.
Reauthorized from original Fiscal Year 2005 Foreign Operations Appropriations bill. Congress did not pass
a foreign operations appropriations bill or any other bill containing the Nethercutt provision for FY 2007.
The FY 2008 provision, part of Public Law 110-161 signed into law on December 26, 2007 again cuts Economic Support Funds (ESF) to all countries that refuse to enter
into a Bilateral Immunity Agreement (BIA) with the US or are not subject to an exemption or provided a
Presidential waiver. It is unclear whether President Bush's waiver
of November 22, 2006 lifting ESF restrictions with respect to 14 nations will apply to the FY 2008 Nethercutt provision. |
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"Nethercutt Amendment"
to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (H.R. 3057).
Reauthorized from original Fiscal Year 2005 Foreign Operations Appropriations bill and signed
into law on November 14, 2005. The provision cut Economic Support Funds (ESF) to all countries refusing a
Bilateral Immunity Agreement (BIA). On November 22, 2006 President Bush
invoked the waiver under the Nethercutt
provision, thereby lifting ESF restrictions with respect to 14 nations.
Click here to read a Citizen for Global
Solutions fact sheet. |
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"Nethercutt Amendment",
H.AMDT.706 (A015) to the Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2005 (H.R. 4818), signed into law December 7, 2004. Required annual reauthorization. The
amendment, originally proposed by then-Rep. George Nethercutt (R-WA), cuts Economic Support Fund (ESF) aid to
all countries that refuse a Bilateral Immunity Agreement (BIA) with the US or are not provided Presidential
waivers. |
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American
Servicemembers' Protection Act (ASPA) of 2002, ASPA as amended (2008),
Public Law 107-206, Title II, S. AMDT. 3597 to Supplemental
Appropriations Act of 2002 (H.R. 4775). President signed
into law August 2, 2002. ASPA will remain law until repealed.
An amendment to ASPA removing the text "or 5" from Section 2013(13)(A),
signed into law on October 17, 2006, effectively eliminated
restrictions on International Military Education and Training
(IMET) sanctions, and left in place Foreign Military Funds (FMF)
sanctions on all countries that refuse to enter into a Bilateral Immunity Agreement (BIA) with the
US or are not provided Presidential waivers. On January 22, 2008 Congress amended ASPA to eliminate
FMF restrictions for nations unwilling to enter into BIAs. President Bush signed this FMF into law on January 28, 2008 and thus
no nation will be threatened with the loss of military assistance of any kind for its refusal to
shield US nationals from the ICC.
The original ASPA provisions
now include, subject to full
waivers at the discretion of the President: |
- Prohibition on cooperation with the ICC;
- Restrictions on U.S. participation in UN peacekeeping
operations;
- Prohibition on direct or indirect transfer of classified
national security information, including law enforcement
information, to the ICC, even if no American is accused
of a crime; and
- Advance authority to free members of the armed forces
of the U.S. and certain other persons detained or imprisoned
by or on behalf of the international criminal court (the
Hague Invasion Clause).
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Senator
Dodd's second-degree amendment to ASPA 2002, S.
AMDT 3787 to Supplemental Appropriations Act of 2002 (H.R.
4775) tabled 55-40-5 June 6, 2002 (operative language
added later by consensus; language that would have caused
the ASPA to automatically expire at the end of September
30, 2002 was not retained). This amendment contradicts
the rest of the ASPA text and other laws attempting to
limit US cooperation with the ICC. |
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Public
Law 106-113 §§ 705-706, 1999, H.R. 3427
Foreign Relations Authorization Act (2000-2001) incorporated
into Conference Report H.R. 3194 and made part of the
FY2000 Consolidated Appropriations bill, November 9, 1999.
It is standing language and will remain law until it
is removed. This law prohibits funds from the Foreign
Relations Authorization Act "or any other act" from being
used by or for the support of the ICC, or to extradite
a United States citizen to a foreign country obligated
to cooperate with the ICC unless the US receives guarantees
that that person won't be sent to the ICC. |
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Public
Law 103-236, 1994, H.R. 2333, Foreign Relations
Authorization Act, 1994 and 1995, including sense of the
Senate that: |
- the establishment of an international criminal court with
jurisdiction over crimes of an international character would
greatly strengthen the international rule of law;
- such a court would thereby serve the interests of the
United States and the world community; and
- the United States delegation should make every effort
to advance this proposal at the United Nations.
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Public
Law 101-513, 1990, H.R. 5114, Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1991, including sense of Congress that "the United
States should explore the need for the establishment of
an International Criminal Court on a universal or regional
basis to assist the international community in dealing
more effectively with criminal acts defined in international
conventions." |
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Foreign
Relations Act FY2003, H.R. 1646, September
30, 2002. This language prevented U.S. dues under the
regular budget of the UN from being used to fund the ICC
through 2003. This language has expired and has not
been renewed. |
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Hyde
Amendment text, 2002, H.R. 3338, the Department
of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the
United States Act, 2002, January 10, 2002. This amendment
prevents funds from 2002 Department of Defense appropriations
"to be used to provide support or other assistance to
the International Criminal Court or to any criminal investigation
or other prosecutorial activity of the International Criminal
Court." This language was struck by §2014 of the
ASPA and is now no longer law. |
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Craig
Amendment text, 2001, H.R. 2500, the Departments
of Commerce, Justice, State, the Judiciary, and Related
Agencies Appropriations Act, 2002, November 28, 2001.
This amendment prevented funds from the Departments of
Commerce, Justice, State, the Judiciary, and Related Agencies
Appropriations Act 2002 from being "available for cooperation
with, or assistance or other support to, the International
Criminal Court or the Preparatory Commission." This
language expired upon the adoption of the FY2003 CJSJ
Appropriations and has not been renewed. |
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Legislation to repeal the prohibitions on United States assistance to countries that are parties
to the International Criminal Court, H.R. 2804 introduced in the
House June 21, 2007 by Rep. Eliot Engel. The bill was referred to the Committee on Foreign Affairs. |
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Legislation to repeal the prohibitions on United States assistance to countries that are parties
to the International Criminal Court, H.R. 5995 introduced in the
House July 28, 2006 by Rep. Eliot Engel. The bill was referred to the Committee on International Relations. |
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Amendment
to the American Servicemembers' Protection Act of 2002 ,
H.R. 2550 introduced in the
House June 19, 2003 by Reps. Shimkus, Hunter, Skelton
and Oberstar and S1317
introduced in the Senate June 24, 2003, by Sens. Smith,
Biden and Durbin to "provide clarification with respect
to the eligibility of certain countries for United States
military assistance." The bills were referred to the House
Committee on International Relations and the Senate Foreign
Relations Committee. |
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American
Servicemember and Citizen Protection Act of 2003,
HR1154, introduced in House March 6, 2003 "to provide
that the International Criminal Court is not valid with
respect to the United States, and for other purposes."
Referred to the Committee on International Relations. |
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Conference
Report on HR 4546, Bob Stump National Defense Authorization
Act for Fiscal Year 2003, 148 Cong Rec H 8092,
November 12, 2002, "Sense of Congress on prohibition of
use of funds for International Criminal Court." Dropped
in conference. |
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American
Servicemember and Citizen Protection Act of 2002,
HR4169, introduced in House April 11, 2002 "to provide
that the International Criminal Court is not valid with
respect to the United States, and for other purposes,"
with a list of all co-sponsors. No action taken. |
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American
Servicemember Protection Act of 2001, S.Amdt2336
to HR3338 introduced in Senate December 7, 2001. Passes
78-21. Conference committee members remove from final
version of the Act. |
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Dodd
Amendment to ASPA, 2001, S.Amdt 2337 to S.Amdt
2336 to HR3338 introduced in Senate December 7, 2001.
Voted down 48-51. Vote then taken on S.Amdt. 2336, above. |
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Revised
American Servicemember Protection Act of 2001,
introduced in House September 26, 2001, adding broad presidential
waiver authority. Ruled non-germane on October 2, 2001
after cloture is invoked. |
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American
Citizens' Protection and War Criminal Prosecution Act
of 2001, introduced in House August 1, 2001, as
an alternative to the ASPA. Referred to the Committee
on Foreign Relations. No action taken. |
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American
Servicemember Protection Act of 2001, HR1794 and
S857, introduced in House and Senate May 10, 2001. Referred
to the House Committee on International Relations. No
action taken. |
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American
Servicemember Protection Act of 2001, H.Amdt.31
to HR 1646, introduced in House May 8, 2001. Passes House
282-137. Reportedly removed during conference in July
2002 because included in HR4775. |
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American
Servicemember Protection Act of 2000, H.R. 4654
and S. 2726, introduced in House June 14, 2000. Referred
to committee. No action taken. |
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Resolution
in support of an ICC, 1997: "Calling on the President
to continue to support and fully participate in negotiations
at the United Nations to conclude an international agreement
to establish an international criminal court," H.J.RES.
89, July 30, 1997. No action taken. |
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Limitation
on ICC participation, 1996 in Foreign Relations
Authorization Act 1996 and 1997, H.R. 1561, January 3,
1996. Failed of passage in House over veto. |
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Resolution
in support of an ICC, 1993: "Calling for the President
to support efforts by the United Nations to conclude an
international agreement to establish an international
criminal court," S.J. Res. 93, May 11, 1993. No action
taken. |
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Resolution
in support of an ICC, 1989: "Encouraging the President
to utilize the occasion of the Drug Summit to call for
negotiations to create an international criminal court
to try drug traffickers, terrorists and other international
criminals," S. Res. 218, November 21, 1989. No action
taken. |
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Bill
in support of an ICC, 1989: "Directing the Attorney
General to pursue the creation of an international criminal
court with jurisdiction over certain internationally recognized
crimes," H.R. 3355, September 27, 1989. Executive comment
requested from Justice. |
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Resolution
in support of an ICC, 1989: "Calling for the creation
of an International Criminal Court with jurisdiction over
internationally recognized crimes of terrorism, illicit
international narcotics trafficking, genocide, and torture,
as those crimes are defined in various international conventions".
H. Con. Res. 66, March 2, 1989. Executive comment requested
from State. |
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Argentine
Republic Extradition Treaty, signed at Buenos
Aires on June 10, 1997 |
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Barbados
Extradition Treaty, signed at Bridgetown on February
28, 1996 |
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Belize
Extradition Treaty, signed at Belize on March
30, 2000 |
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Belize
Treaty on Mutal Legal Assistance in Criminal Matters,
148 Cong Rec § 11058, November 14, 2002 |
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Convention
on the Rights of the Child, Optional Protocols on the
Sale of Children, Child Prostitution and Child Pornography
& The Involvement of Children in Armed Conflict,
148 Cong Rec § 5453, June 12, 2002 |
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Cyprus
Extradition Treay, signed at Washington on June
17, 1996 |
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Cyprus
Treaty on Mutual Legal Assistance in Criminal Matters,
signed at Nicosia, December 20, 1999 |
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Egypt
Treaty on Mutual Legal Assistance in Criminal Matters,
signed at Cairo on May 3, 1998 and a related exchange
of diplomatic notes |
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France
Extradition Treay, signed at Paris on April 23,
1996 |
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France
Treaty on Mutual Legal Assistance in Criminal Matters,
signed at Paris on December 10, 1998 |
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Greece
Treaty on Mutual Legal Assistance in Criminal Matters,
signed at Washington on May 26, 1999 |
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Hong
Kong Treaty on Mutual Legal Assistance in Criminal Matters,
signed in Hong Kong on April 15, 1997 |
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Inter-American
Convention Against Corruptions, adopted and opened
for signature at the Specialized Conference of the Organization
of American States (OAS) at Caracas, Venezuela, on March
29, 1996 |
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Inter-American
Convention on Mutual Assistance in Criminal Matters and
Optional Protocol, adopted at the twenty-second
regular session of the Organization of American States
(OAS) General Assembly meeting in Nassau, The Bahamas,
on May 23, 1992, and at the twenty-third regular session
of the OAS General Assembly meeting in Managua, Nicaragua,
on June 11, 1993. |
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International
Convention for the Suppression of the Financing of Terrorism,
adopted by the United Nations General Assembly on December
9, 1999, and signed on behalf of the United States of
America on January 10, 2000. |
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International
Convention for the Suppression of Terrorist Bombings,
adopted by the United Nations General Assembly on December
15, 1997, and signed on behalf of the United States of
America on January 12, 1998. |
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India
Treaty on Mutal Legal Assistance in Criminal Matters,
148 Cong Rec § 11058, November 14, 2002 |
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Ireland
Treaty on Mutal Assistance in Criminal Matters,
148 Cong Rec § 11059, November 14, 2002 |
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Liechtenstein
Treaty on Mutal Legal Assistance in Criminal Matters,
148 Cong Rec § 11059, November 14, 2002 |
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Luxembourg
Extradition Treaty, signed at Washington on October
1, 1996 |
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Luxembourg
Treaty on Mutal Legal Assistance in Criminal Matters,
signed at Washington on March 13, 1997 |
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Nigeria
Treaty on Mutal Legal Assistance in Criminal Matters,
signed at Washington on September 13, 1989 |
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Organization
of Eastern Caribbean States Extradition Treaty,
signed in 1996 by Antigua and Barbuda, Dominica, Grenada,
St. Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines |
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Paraguay
Extradition Treaty, signed at Washington on November
9, 1998 |
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Peru
Extradition Treaty, 148 Cong Rec § 11057,
November 14, 2002 |
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Poland
Extradition Treaty, signed at Washington on July
10, 1996 |
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Poland
Treaty on Mutal Legal Assistance in Criminal Matters,
signed at Washington on July 10, 1996 |
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Romania
Treaty on Mutal Legal Assistance in Criminal Matters,
signed at Washington on May 26, 1999 |
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South
Africa Extradition Treaty, signed at Washington
on September 16, 1999 |
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South
Africa Treaty on Mutal Legal Assistance in Criminal Matters,
signed at Washington on September 16, 1999 |
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Sri
Lanka Extradition Treaty, signed at Washington
on September 30, 1999 |
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Ukraine
Treaty on Mutal Legal Assistance in Criminal Matters,
with Annex, signed at Kiev on July 22, 1998, and with
an Exchange of Notes signed on September 30, 1999, which
provides for its provisional application |
Click here
for the text of Bilateral Immunity Agreements.
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