Illegitimate Court Counteraction Act of 2023

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 224 Introduced in Senate (IS)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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