each country for which the President develops an ac-
tion plan under paragraph (1) or (2) with respect 
to— 
(A) the development of the action plan; 
and 
(B) the efforts of the government of that 
country to comply with the benchmarks set 
forth in the action plan. 
(b) COUNTRIES OF CYBER CONCERN.—The Presi-
dent shall determine that a country is a country of cyber 
concern if the President finds that— 
(1) there is significant credible evidence that a 
pattern of incidents of cybercrime against the 
United States Government, private entities incor-
porated under the laws of the United States, or 
other United States persons has been carried out by 
persons within the country during the 2-year period 
preceding the date of the President’s determination; 
and 
(2) the government of the country has dem-
onstrated a pattern of being uncooperative with ef-
forts to combat cybercrime by— 
(A) failing to conduct its own reasonable 
criminal investigations, prosecutions, or other 
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proceedings with respect to the incidents of 
cybercrime described in paragraph (1); 
(B) failing to cooperate with the United 
States, any other party to the Convention on 
Cybercrime, or INTERPOL, in criminal inves-
tigations, prosecutions, or other proceedings 
with respect to such incidents, consistent with 
chapter III of the Convention on Cybercrime; or 
(C) not adopting or implementing legisla-
tive or other measures consistent with chapter 
II of the Convention on Cybercrime with re-
spect to criminal offenses related to computer 
systems or computer data. 
(c) BENCHMARKS DESCRIBED.—The benchmarks de-
scribed in this subsection— 
(1) are such legislative, institutional, enforce-
ment, or other actions as the President determines 
necessary to improve the capacity of the country to 
combat cybercrime; and 
(2) may include— 
(A) the initiation of credible criminal inves-
tigations, prosecutions, or other proceedings 
with respect to the incidents of cybercrime that 
resulted in the determination of the President 
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under subsection (b) that the country is a coun-
try of cyber concern; 
(B) cooperation with, or support for the ef-
forts of, the United States, other parties to the 
Convention on Cybercrime, or INTERPOL in 
criminal investigations, prosecutions, or other 
proceedings with respect to such persons, con-
sistent with chapter III of the Convention on 
Cybercrime; or 
(C) the implementation of legislative or 
other measures consistent with chapter II of the 
Convention on Cybercrime with respect to 
criminal offenses related to computer systems 
or computer data. 
(d) FAILURE TO MEET ACTION PLAN BENCH-
MARKS.— 
(1) IN GENERAL.—If, 1 year after the date on 
which an action plan is developed under subsection 
(a), the President, in consultation with the relevant 
Federal agencies, determines that the government of 
the country for which the action plan was developed 
has not complied with the benchmarks in the action 
plan, the President is urged to take one or more of 
the actions described in paragraph (2) with respect 
to the country. 
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(2) PRESIDENTIAL ACTION DESCRIBED.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the actions described in this para-
graph with respect to a country are the fol-
lowing: 
(i) OVERSEAS PRIVATE INVESTMENT 
CORPORATION
FINANCING.—Suspend, re-
strict, or prohibit the approval of new fi-
nancing (including loans, guarantees, other 
credits, insurance, and reinsurance) by the 
Overseas Private Investment Corporation 
with respect to a project located in the 
country or in which an entity owned or 
controlled by the government of the coun-
try participates. 
(ii) EXPORT-IMPORT
BANK
FINANC-
ING.—Suspend, restrict, or prohibit the ap-
proval of new financing (including loans, 
guarantees, other credits, insurance, and 
reinsurance) by the Export-Import Bank of 
the United States in connection with the 
export of any good or service to the coun-
try or to an entity owned or controlled by 
the government of the country. 
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(iii) MULTILATERAL
DEVELOPMENT 
BANK
FINANCING.—Instruct the United 
States Executive Director of each multilat-
eral development bank (as defined in sec-
tion 1307(g) of the International Financial 
Institutions Act (22 U.S.C. 262m–7(g))) 
to oppose the approval of any new financ-
ing (including loans, guarantees, other 
credits, insurance, and reinsurance) by the 
multilateral development bank to the gov-
ernment of the country or with respect to 
a project located in the country or in which 
an entity owned or controlled by the gov-
ernment of the country participates. 
(iv) 
TRADE
AND
DEVELOPMENT 
AGENCY.—Suspend, restrict, or prohibit 
the provision of assistance by the Trade 
and Development Agency in connection 
with a project located in the country or in 
which an entity owned or controlled by the 
government of the country participates. 
(v) 
PREFERENTIAL
TRADE
PRO-
GRAMS.—Suspend, limit, or withdraw any 
preferential treatment for which the coun-
try qualifies under the Generalized System 
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of Preferences under title V of the Trade 
Act of 1974 (19 U.S.C. 2461 et seq.), the 
Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701 et seq.), the Andean 
Trade Preference Act (19 U.S.C. 3201 et 
seq.), or the African Growth and Oppor-
tunity Act (19 U.S.C. 3701 et seq.). 
(vi) FOREIGN ASSISTANCE.—Suspend, 
restrict, or withdraw the provision of for-
eign assistance to the country or with re-
spect to projects carried out in the coun-
try, including assistance provided under 
the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.). 
(B) EXCEPTION.—The President may not 
suspend, restrict, prohibit, or withdraw assist-
ance described in clause (iv) or (vi) of subpara-
graph (A) that is provided for projects related 
to building capacity or taking actions to combat 
cybercrime. 
(3) RESTORATION OF BENEFITS.—The Presi-
dent shall revoke any actions taken with respect to 
a country under paragraph (2) on the date on which 
the President, in consultation with the relevant Fed-
eral agencies, determines and certifies to Congress 
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that the government of the country has complied 
with the benchmarks described in subsection (c). 
(e) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the requirement under subsection (a) to develop an 
action plan for a country or the requirement under 
subsection (b) to make a determination with respect 
to a country if the President— 
(A) determines that such a waiver is in the 
national interest of the United States; and 
(B) submits to Congress a report describ-
ing the reasons for the determination. 
(2) FORM
OF
REPORT.—A report submitted 
under paragraph (1)(B) shall be submitted in un-
classified form, but may contain a classified annex. 
SEC. 6. DESIGNATION OF OFFICIALS IN THE DEPARTMENT 
OF STATE TO BE RESPONSIBLE FOR COM-
BATING CYBERCRIME. 
The Secretary of State shall— 
(1) designate a high-level employee of the De-
partment of State— 
(A) to coordinate the full range of activi-
ties, policies, and opportunities associated with 
combating cybercrime and foreign policy; and 
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(B) whose primary responsibility will be to 
further those activities, policies, and opportuni-
ties at an international level; and 
(2) in consultation with the heads of other rel-
evant Federal agencies and in coordination with the 
relevant chief of mission, assign an employee to have 
primary responsibility with respect to matters relat-
ing to cybercrime policy in each country or region 
that the Secretary considers significant with respect 
to efforts of the United States Government to com-
bat cybercrime globally. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act. 
Æ 
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