United States Code (Last Updated: May 24, 2014) |
Title 22. FOREIGN RELATIONS AND INTERCOURSE |
Chapter 7. INTERNATIONAL BUREAUS, CONGRESSES, ETC. |
§ 262d. Human rights and United States assistance policies with international financial institutions
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(a) Policy goals The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund, shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in— (1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person; or (2) provide refuge to individuals committing acts of international terrorism by hijacking aircraft. (b) Policy considerations for Executive Directors of institutions in implementation of duties Further, the Secretary of the Treasury shall instruct each Executive Director of the above institutions to consider in carrying out his duties: (1) specific actions by either the executive branch or the Congress as a whole on individual bilateral assistance programs because of human rights considerations; (2) the extent to which the economic assistance provided by the above institutions directly benefit the needy people in the recipient country; (3) whether the recipient country— (A) is seeking to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of this title) or a nuclear explosive device (as defined in section 6305(4) of this title); (B) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or (C) has detonated a nuclear explosive device; and (4) in relation to assistance for the Socialist Republic of Vietnam, the People’s Democratic Republic of Laos, Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title), and Democratic Kampuchea (Cambodia), the responsiveness of the governments of such countries in providing a more substantial accounting of Americans missing in action. (c) Reporting requirements (1) The Secretary of the Treasury shall report annually on all loans considered by the Boards of Executive Directors of the institutions listed in subsection (a) of this section to the Chairman and ranking minority member of the Committee on Banking, Finance and Urban Affairs of the House of Representatives, or the designees of such Chairman and ranking minority member, and the Chairman and ranking minority member of the Committee on Foreign Relations of the Senate. (2) Each report required by paragraph (1) shall— (A) include a list of all loans considered by the Board Consultative and additional reporting requirements The Secretary of the Treasury or his delegate shall consult frequently and in a timely manner with the chairmen and ranking minority members of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate to inform them regarding any prospective changes in policy direction toward countries which have or recently have had poor human rights records.
(g) 2 Violations of religious freedom In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a) of this section, the President shall give particular consideration to whether a foreign government— (1) has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 6402 of this title; or (2) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when such efforts could have been reasonably undertaken.
Amendments
2000—Subsec. (c)(1). Pub. L. 106–569 substituted “The Secretary of the Treasury shall report annually” for “Not later than 30 days after the end of each calendar quarter, the Secretary of the Treasury shall report quarterly”.
1998—Subsec. (g). Pub. L. 105–292 added subsec. (g) relating to violations of religious freedom.
1994—Subsec. (b)(3). Pub. L. 103–236 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “whether the recipient country has detonated a nuclear device or is not a State Party to the Treaty on Nonproliferation of Nuclear Weapons or both; and”.
1992—Subsec. (a). Pub. L. 102–511, § 1008(a), substituted “the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund,” for “and the African Development Bank,”.
Subsec. (b)(4). Pub. L. 102–511, § 1008(b), inserted “Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title),” after “Laos,”.
1990—Subsec. (g). Pub. L. 101–513 struck out “(2)” before “The Secretary” and substituted “of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate” for “specified in paragraph (1)”.
1989—Subsec. (c). Pub. L. 101–240, § 541(c), amended subsec. (c) generally, substituting provisions relating to quarterly reports by Secretary of the Treasury not later than 30 days after end of each calendar quarter for provisions relating to annual reports by Secretaries of State and the Treasury, and quarterly reports by Secretary of the Treasury.
Subsec. (d). Pub. L. 101–240, § 541(e)(8), struck out at end “The annual report required under subsection (c) of this section shall include a listing of categories of such assistance granted, with particular attention to categories that address basic human needs.”
Subsec. (g)(1). Pub. L. 101–240, § 541(d)(4), struck out par. (1) which related to quarterly reporting requirements by Secretary of the Treasury in consultation with Secretary of State.
1983—Subsec. (a)(1). Pub. L. 98–181 substituted “pattern” for “consistent pattern”.
Subsec. (g)(1). Pub. L. 98–181 substituted “Not later than thirty days after the end of each calendar quarter, the Secretary of the Treasury, in consultation with the Secretary of State, shall report.” for “The Secretary of the Treasury, in consultation with the Secretary of State, shall report quarterly”.
1982—Subsec. (c)(1). Pub. L. 97–375 inserted “excluding section 262e of this title and”.
1981—Subsec. (a). Pub. L. 97–35 inserted reference to the African Development Bank.
1980—Subsec. (c). Pub. L. 96–259, § 501(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 96–259, § 501(b), added subsec. (g).
Change Of Name
Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee 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 Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress,
Effective Date Of Amendment
Amendment by Pub. L. 103–236 effective 60 days after
Pub. L. 101–240, title VIII, § 801,
Amendment by Pub. L. 97–35 effective
Effective Date
Section effective
Miscellaneous
Pub. L. 95–118, title VII, § 705, as added by Pub. L. 96–259, title V, § 501(c),
Pub. L. 95–481, title VI, § 611,