Illegitimate Court Counteraction Act of 2023

To impose sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies. 1. Short title This Act may be cited as the Illegitimate Court Counteraction Act of 2023 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. (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 (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 (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. 3. Definitions In this Act: (1) Admitted alien The terms admitted alien 8 U.S.C. 1101 (2) Covered International Criminal Court employee or associate The term covered International Criminal Court employee or associate (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 (4) Immediate family member The term immediate family member (5) Protected person The term protected person (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 (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 (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.

Summary: Illegitimate Court Counteraction Act of 2023 This bill imposes sanctions against International Criminal Court (ICC) employees and associates if the ICC investigates or pursues charges against certain individuals. The bill defines certain classes of individuals as protected individuals, including (1) members of the U.S. Armed Forces, (2) employees and contractors of the U.S. government who assist the U.S. Armed Forces, and (3) certain members of the armed forces of U.S. allies or partners. If the ICC investigates or pursues charges against a protected individual, the President must impose visa- and property-blocking sanctions against those foreign persons (individuals or entities) that, as ICC employees or associates, aided in the investigation, arrest, detention, or prosecution of a protected individual. Additionally, if the ICC investigates or pursues charges against protected individuals, the President must impose visa-blocking sanctions against any foreign individual who is (1) an employee of the ICC; (2) acting as an agent of the ICC; or (3) an immediate family member of those aiding the investigation, arrest, detention or prosecution of a protected individual. The property-blocking sanctions do not apply to the importation of goods. The visa-blocking sanctions do not apply to admissions to (1) further important U.S. law enforcement objectives; or (2) comply with international obligations, such as the United Nations Headquarters Agreement.