§ 7422. Waiver and termination of prohibitions of this subchapter

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–206 title II § 2003 · 116 Stat. 820

   Enacted · 22 U.S.C. § 7422

   Pub. L. 107–206, title II, § 2003, Aug. 2, 2002, 116 Stat. 901

   Source evidence

   Code source credit
   Pub. L. 107–206, title II, § 2003, Aug. 2, 2002, 116 Stat. 901

   Enacted provision · exact public law section
   SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE. (a) Authority To Initially Waive Sections 5 and 7.— The President is authorized to waive the prohibitions and requirements of sections 2005 and 2007 for a single period of 1 year. 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 the International Criminal Court has entered into a binding agreement that— (A) prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity: (i) covered United States persons; (ii) covered allied persons; and (iii) individuals who were covered United States persons or covered allied persons; and (B) ensures that no person described in subparagraph (A) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court. (b) Authority To Extend Waiver of Sections 5 and 7.— The President is authorized to waive the prohibitions and requirements of sections 2005 and 2007 for successive periods of 1 year each upon the expiration of a previous waiver pursuant to subsection (a) or this subsection. 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 the International Criminal Court— (A) remains party to, and has continued to abide by, a binding agreement that— (i) prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity: (I) covered United States persons; (II) covered allied persons; and (III) individuals who were covered United States persons or covered allied persons; and (ii) ensures that no person described in clause (i) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court; and (B) has taken no steps to arrest, detain, prosecute, or imprison any person described in clause (i) of subparagraph (A). (c) Authority To Waive Sections 4 and 6 With Respect to an Investigation or Prosecution of a Named Individual .— The President is authorized to waive the prohibitions and requirements of sections 2004 and 2006 to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution 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 sections 2005 and 2007 is in effect; (B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the International 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 actions by the named individual, none of the following persons will be investigated, arrested, 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 Subsection (c).— Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and requirements of sections 2004 and 2006 shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of sections 2005 and 2007 expires and is not extended pursuant to subsection (b). (e) Termination of Prohibitions of This Title.— The prohibitions and requirements of sections 2004, 2005, 2006, and 2007 shall cease to apply, and the authority of section 2008 shall terminate, if the United States becomes 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.

2. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 1212(b)(1)(A) · 122 Stat. 3

   Substituted · 22 U.S.C. § 7422(a); 22 U.S.C. § 7422(b)

   Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted “section 7424” for “sections 7424 and 7426” in heading and text

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted “section 7424” for “sections 7424 and 7426” in heading and text.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) in the heading, by striking “sections 5 and 7” and inserting “section 2005”; and (ii) by striking “sections 2005 and 2007” and inserting “section 2005”;

3. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 1212(b)(1)(C) · 122 Stat. 3

   Substituted · 22 U.S.C. § 7422(c)(2)(A); 22 U.S.C. § 7422(c)(2)(d)

   Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted “section 7424” for “sections 7424 and 7426”

   Source evidence

   Code amendment note
   Subsecs. (c)(2)(A), (d). Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted “section 7424” for “sections 7424 and 7426”.

   Enacted provision · exact public law section
   (C) in subsection (c)(2)(A), by striking “sections 2005 and 2007” and inserting “section 2005”;

4. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 1212(b)(1)(E) · 122 Stat. 3

   Substituted · 22 U.S.C. § 7422(e)

   Pub. L. 110–181, § 1212(b)(1)(E), substituted “and 7425” for “7425, and 7426”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–181, § 1212(b)(1)(E), substituted “and 7425” for “7425, and 7426”.

   Enacted provision · exact public law section
   (E) in subsection (e), by striking “2006, and 2007” and inserting “and 2006”; and

4 of 4 references resolved to an enrolled provision