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22 U.S.C. § 262dHuman rights and United States assistance policies with international financial institutions

submitted 49 years ago by Pub. L. 95-118 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 723 words · no verdicts yet

in plain englishAI-generated · not legal advice

In its voice and vote at major international financial institutions, the U.S. must promote human rights. It should steer aid away from governments that abuse human rights or shelter hijackers. Several other factors, including religious freedom, must also be weighed.

(a) Policy goals. In how it votes and speaks at nine named institutions — the World Bank, 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 — the U.S. government must advance human rights. This means trying to steer assistance away from countries whose governments either engage in a pattern of serious human-rights violations, such as torture, cruel or degrading treatment, holding people without charges for a long time, or other clear denials of life, liberty, and personal security, or that shelter people who hijack aircraft as an act of terrorism. (b) What Executive Directors must consider. The Secretary of the Treasury must instruct each U.S. Executive Director at these institutions to weigh, while doing their job: actions the President or Congress has taken on individual bilateral aid programs because of human-rights concerns; how much the institutions' economic assistance actually benefits needy people in the recipient country; whether the recipient country is trying to get unsafeguarded nuclear material or a nuclear weapon, is not part of the Nuclear Non-Proliferation Treaty, or has detonated a nuclear device; and, for aid to Vietnam, Laos, Russia and other former Soviet states, and Cambodia, how well those governments are accounting for missing American service members. (c) Project requirements. In its voice and vote at these institutions, the U.S. must try to steer assistance toward projects that address the basic human needs of people in the recipient country. (d) Judging human-rights violations. In deciding whether a country has grossly violated internationally recognized human-rights standards, the U.S. must consider how much that country cooperates in allowing unimpeded investigation of alleged violations by groups like the International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, or investigators acting under the authority of the UN or the Organization of American States. (e) Opposing aid to violators. U.S. Executive Directors at these institutions are authorized and instructed to oppose any loan, any extension of financial assistance, or any technical assistance to a country described in (a)(1) or (a)(2) — unless the assistance is specifically directed at programs serving that country's citizens' basic human needs. (f) Consulting Congress. The Secretary of the Treasury, or a delegate, must consult frequently and promptly with the chairmen and ranking minority members of the House Banking, Finance and Urban Affairs Committee and the Senate Foreign Relations Committee, to keep them informed about any prospective changes in policy direction toward countries with poor, or recently poor, human-rights records. (g) Religious freedom. In deciding whether a government engages in a pattern of gross human-rights violations, the President must give particular consideration to whether that government has engaged in or tolerated particularly severe violations of religious freedom, or has failed to make serious, sustained efforts to combat such violations when it reasonably could have.
the actual law source: uscode.house.gov ↗public domain
(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) Requirements of United States assistance through institutions for projects in recipient countries

The United States Government, in connection with its voice and vote in the institutions listed in subsection (a), shall seek to channel assistance to projects which address basic human needs of the people of the recipient country.

(d) Criteria for determination of gross violations of internationally recognized human rights standards

In determining whether a country is in gross violation of internationally recognized human rights standards, as defined by the provisions of subsection (a), the United States Government shall give consideration to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations including, but not limited to, the International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, and groups or persons acting under the authority of the United Nations or the Organization of American States.

(e) Opposition by United States Executive Directors of institutions to financial or technical assistance to violating countries

The United States Executive Directors of the institutions listed in subsection (a) are authorized and instructed to oppose any loan, any extension of financial assistance, or any technical assistance to any country described in subsection (a)(1) or (2), unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of such country.

(f) Consultative requirement

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) 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), 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.

Source credit: (Pub. L. 95–118, title VII, § 701, Oct. 3, 1977, 91 Stat. 1069; Pub. L. 96–259, title V, § 501(a), (b), June 3, 1980, 94 Stat. 431, 432; Pub. L. 97–35, title XIII, § 1342(b), Aug. 13, 1981, 95 Stat. 743; Pub. L. 97–375, title II, § 211, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 98–181, title I [title X, § 1004], Nov. 30, 1983, 97 Stat. 1286; Pub. L. 101–240, title V, § 541(c), (d)(4), (e)(8), Dec. 19, 1989, 103 Stat. 2517–2519; Pub. L. 101–513, title V, § 562(b)(2), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 102–511, title X, § 1008, Oct. 24, 1992, 106 Stat. 3361; Pub. L. 103–236, title VIII, § 823(b), Apr. 30, 1994, 108 Stat. 512; Pub. L. 105–292, title IV, § 422, Oct. 27, 1998, 112 Stat. 2810; Pub. L. 106–569, title XI, § 1103(g), Dec. 27, 2000, 114 Stat. 3031; Pub. L. 113–188, title XVI, § 1601(b), Nov. 26, 2014, 128 Stat. 2025.)

history & why it existsrecord from the source credit
  • 1977Enacted · Pub. L. 95-118 · 91 Stat. 1069
  • 1980Amended · Pub. L. 96-259 · 94 Stat. 431, 432
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 743
  • 1982Amended · Pub. L. 97-375 · 96 Stat. 1826
  • 1983Amended · Pub. L. 98-181 · 97 Stat. 1286
  • 1989Amended · Pub. L. 101-240 · 103 Stat. 2517
  • 1990Amended · Pub. L. 101-513 · 104 Stat. 2034
  • 1992Amended · Pub. L. 102-511 · 106 Stat. 3361
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 512
  • 1998Amended · Pub. L. 105-292 · 112 Stat. 2810
  • 2000Amended · Pub. L. 106-569 · 114 Stat. 3031
  • 2014Amended · Pub. L. 113-188 · 128 Stat. 2025

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-118 on 1977-10-03.

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