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U.S. Code as of:
01/19/04
Section 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
-
(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
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.
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