§ 262d. — Human rights and United States assistance policies with international financial institutions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC262d]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
Sec. 262d. Human rights and United States assistance policies
with international financial institutions
(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 \1\ of
Executive Directors of the institutions listed in subsection (a) of
this section and shall specify with respect to each such loan--
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\1\ So in original. Probably should be ``Boards''.
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(i) the institution involved;
(ii) the date of final action;
(iii) the borrower;
(iv) the amount;
(v) the project or program;
(vi) the vote of the United States Government;
(vii) the reason for United States Government opposition, if
any;
(viii) the final disposition of the loan; and
(ix) if the United States Government opposed the loan,
whether the loan meets basic human needs;
(B) indicate whether the United States has opposed any loan,
financial assistance, or technical assistance to a country on human
rights grounds;
(C) indicate whether the United States has voted in favor of a
loan, financial assistance, or technical assistance to a country
with respect to which the United States had, in the preceding 2
years, opposed a loan, financial assistance, or technical assistance
on human rights grounds; and
(D) in cases where the United States changed its voting position
from opposition to support or from support to opposition, on human
rights grounds--
(i) indicate the policy considerations that were taken into
account in the development of the United States voting position;
(ii) describe human rights conditions in the country
involved;
(iii) indicate how the United States voted on all other
loans, financial assistance, and technical assistance to such
country during the preceding 2 years; and
(iv) contain information as to how the United States voting
position relates to the overall United States Government policy
on human rights in such country.
(d) 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) of this section, shall seek
to channel assistance to projects which address basic human needs of the
people of the recipient country.
(e) 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) of this section, 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.
(f) 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) of this section 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) of this
section, unless such assistance is directed specifically to programs
which serve the basic human needs of the citizens of such country.
(g) \2\ Consultative and additional reporting requirements
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\2\ So in original. Two subsecs. (g) have been enacted.
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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.
(Pub. L. 95-118, title VII, Sec. 701, Oct. 3, 1977, 91 Stat. 1069; Pub.
L. 96-259, title V, Sec. 501(a), (b), June 3, 1980, 94 Stat. 431, 432;
Pub. L. 97-35, title XIII, Sec. 1342(b), Aug. 13, 1981, 95 Stat. 743;
Pub. L. 97-375, title II, Sec. 211, Dec. 21, 1982, 96 Stat. 1826; Pub.
L. 98-181, title X, Sec. 1004, Nov. 30, 1983, 97 Stat. 1286; Pub. L.
101-240, title V, Sec. 541(c), (d)(4), (e)(8), Dec. 19, 1989, 103 Stat.
2517-2519; Pub. L. 101-513, title V, Sec. 562(b)(2), Nov. 5, 1990, 104
Stat. 2034; Pub. L. 102-511, title X, Sec. 1008, Oct. 24, 1992, 106
Stat. 3361; Pub. L. 103-236, title VIII, Sec. 823(b), Apr. 30, 1994, 108
Stat. 512; Pub. L. 105-292, title IV, Sec. 422, Oct. 27, 1998, 112 Stat.
2810; Pub. L. 106-569, title XI, Sec. 1103(g), Dec. 27, 2000, 114 Stat.
3031.)
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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 501(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 96-259, Sec. 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, Jan. 3, 2001.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-236 effective 60 days after Apr. 30, 1994,
see section 831 of Pub. L. 103-236, set out as an Effective Date note
under section 6301 of this title.
Effective Date of 1989 Amendment
Section 801 of Pub. L. 101-240 provided that: ``Except as otherwise
provided in this Act, this Act and the amendments made by this Act
[enacting sections 262m-7, 262p-4g to 262p-4k, 262r to 262r-2, 262s-1,
262t, 283z-5 to 283z-8, 286e-12, 286kk, and 2281 to 2286 of this title
and section 3904a of Title 12, Banks and Banking, amending this section,
sections 262m-7, 262p-1, 262p-5, 262s-2, 282b, 283b, 283cc, 284b, 285b,
286b, 286e-9, 286k-1, 286s, 290g-2, 290i-3, and 290k-5 of this title,
and sections 635 and 635i-3 of Title 12, transferring former section
262q of this title to section 262s of this title and former section 4722
of Title 15, Commerce and Trade, to section 262s-2 of this title,
repealing sections 262i, 262m-6, 276c-3, 283i, 286b-1, and 286b-2 of
this title, enacting provisions set out as notes under sections 283z-6,
2151, and 2291 of this title and sections 635, 3901, and 3904a of Title
12, amending provisions set out as a note under section 262l of this
title, and repealing provisions set out as notes under sections 262g-2
and 283 of this title] shall take effect on the date of the enactment of
this Act [Dec. 19, 1989].''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1372
of Pub. L. 97-35, set out as an Effective Date note under section 290i
of this title.
Effective Date
Section effective Oct. 3, 1977, see section 1001 of Pub. L. 95-118,
set out as a note under section 282i of this title.
Consultations for Adoption of Amendment to Articles of Agreement
Respecting Human Rights Standards in Connection With Any Application for
Assistance
Pub. L. 95-118, title VII, Sec. 705, as added by Pub. L. 96-259,
title V, Sec. 501(c), June 3, 1980, 94 Stat. 432, provided that: ``The
President shall direct the United States Governor of the International
Bank for Reconstruction and Development, the United States Governor of
the International Finance Corporation, the United States Governor of the
International Development Association, the United States Governor of the
Inter-American Development Bank, the United States Governor of the Asian
Development Bank, and the United States Governor of the African
Development Fund, to consult with the other Governors of those
institutions concerning adoption of an amendment to the Articles of
Agreement of their respective institutions to establish human rights
standards to be considered in connection with each application for
assistance.''
Amendment of Articles of Agreement of International Financial
Institutions; Establishment of Human Rights Standards To Be Considered
in Connection With Assistance Application
Pub. L. 95-481, title VI, Sec. 611, Oct. 18, 1978, 92 Stat. 1602,
provided that: ``The President shall direct the United States Governor
of the International Bank for Reconstruction and Development, the United
States Governor of the International Finance Corporation, the United
States Governor of the International Development Association, the United
States Governor of the Inter-American Development Bank, the United
States Governor of the Asian Development Bank, and the United States
Governor of the African Development Fund, to propose and seek adoption
of an amendment to the Articles of Agreement for their respective
institutions to establish human rights standards to be considered in
connection with each application for assistance.''
Section Referred to in Other Sections
This section is referred to in sections 262r, 2799aa-1, 5605, 6302,
6445, 6713 of this title.
