22 U.S.C. § 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)

section 6305(8) of this title section 6305(4) of this title is seeking to acquire unsafeguarded special nuclear material (as defined in ) or a nuclear explosive device (as defined in );

(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)

section 5801 of this title 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 ), 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)

section 6402 of this title has engaged in or tolerated particularly severe violations of religious freedom, as defined in ; 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, § 701Oct. 3, 197791 Stat. 1069 Pub. L. 96–259, title V, § 501(a)June 3, 198094 Stat. 431 Pub. L. 97–35, title XIII, § 1342(b)Aug. 13, 198195 Stat. 743 Pub. L. 97–375, title II, § 211Dec. 21, 198296 Stat. 1826 Pub. L. 98–181, title INov. 30, 198397 Stat. 1286 Pub. L. 101–240, title V, § 541(c)Dec. 19, 1989103 Stat. 2517–2519 Pub. L. 101–513, title V, § 562(b)(2)Nov. 5, 1990104 Stat. 2034 Pub. L. 102–511, title X, § 1008Oct. 24, 1992106 Stat. 3361 Pub. L. 103–236, title VIII, § 823(b)Apr. 30, 1994108 Stat. 512 Pub. L. 105–292, title IV, § 422Oct. 27, 1998112 Stat. 2810 Pub. L. 106–569, title XI, § 1103(g)Dec. 27, 2000114 Stat. 3031 Pub. L. 113–188, title XVI, § 1601(b)Nov. 26, 2014128 Stat. 2025(, , ; , (b), , , 432; , , ; , , ; [title X, § 1004], , ; , (d)(4), (e)(8), , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 113–188 Pub. L. 96–259 section 501(b) of Pub. L. 96–2592014—Subsecs. (c) to (g). , which directed amendment of this section by striking subsec. (c) and redesignating subsec. (d) through subsec. (g) as added by section “501(g)” of as subsecs. (c) through (f), respectively, was executed by redesignating subsec. (d) to subsec. (g) as added by (relating to consultative requirement) as (c) to (f), respectively, and striking out former subsec. (c) which related to reporting requirements, to reflect the probable intent of Congress.

Pub. L. 106–5692000—Subsec. (c)(1). 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”.

Pub. L. 105–2921998—Subsec. (g). added subsec. (g) relating to violations of religious freedom.

Pub. L. 103–2361994—Subsec. (b)(3). 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”.

Pub. L. 102–511, § 1008(a)1992—Subsec. (a). , substituted “the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund,” for “and the African Development Bank,”.

Pub. L. 102–511, § 1008(b)section 5801 of this titleSubsec. (b)(4). , inserted “Russia and the other independent states of the former Soviet Union (as defined in ),” after “Laos,”.

Pub. L. 101–5131990—Subsec. (g). 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)”.

Pub. L. 101–240, § 541(c)1989—Subsec. (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.

Pub. L. 101–240, § 541(e)(8)Subsec. (d). , struck out at end “The annual report required under subsection (c) shall include a listing of categories of such assistance granted, with particular attention to categories that address basic human needs.”

Pub. L. 101–240, § 541(d)(4)Subsec. (g)(1). , struck out par. (1) which related to quarterly reporting requirements by Secretary of the Treasury in consultation with Secretary of State.

Pub. L. 98–1811983—Subsec. (a)(1). substituted “pattern” for “consistent pattern”.

Pub. L. 98–181Subsec. (g)(1). 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”.

Pub. L. 97–375 section 262e of this title1982—Subsec. (c)(1). inserted “excluding and”.

Pub. L. 97–351981—Subsec. (a). inserted reference to the African Development Bank.

Pub. L. 96–259, § 501(a)1980—Subsec. (c). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–259, § 501(b)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

Change of Name

section 1(a) of Pub. L. 104–14 section 21 of Title 2Jan. 3, 2001Committee 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 , set out as a note preceding , 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, .

Effective Date of 1994 Amendment

Pub. L. 103–236Apr. 30, 1994section 831 of Pub. L. 103–236 section 6301 of this titleAmendment by effective 60 days after , see , set out as an Effective Date note under .

Effective Date of 1989 Amendment

Pub. L. 101–240, title VIII, § 801Dec. 19, 1989103 Stat. 2524

section 3904a of Title 12 section 262q of this title section 262s of this title section 4722 of Title 15 section 262s–2 of this titlelDec. 19, 1989“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 , 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 to and former , Commerce and Trade, to , 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 262 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 [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35Aug. 13, 1981section 1372 of Pub. L. 97–35 section 290i of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date

Oct. 3, 1977section 1001 of Pub. L. 95–118 section 282i of this titleSection effective , see , set out as a note under .

United States Support for Integration of Anti-trafficking Interventions in Multilateral Development Banks

Pub. L. 115–427, § 8Jan. 9, 2019132 Stat. 5507

“(a)

Requirements .—

The Secretary of the Treasury, in consultation with the Secretary of State, acting through the Ambassador at Large for Monitoring and Combating Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with the other executive directors and management of the respective multilateral development bank to—

“(1)

further develop anti-human trafficking provisions in relevant project development, safeguards, procurement, and evaluation policies;

“(2)

employing a risk-based approach, require human trafficking risk assessments and integration plans as a routine part of developing projects through existing, forthcoming or new mechanisms and processes;

“(3)

support analyses of the impact of severe forms of trafficking in persons on key indicators of economic and social development and of the benefits of reducing human trafficking on economic and social development;

“(4)

support the proactive integration of effective anti-trafficking interventions into projects with the objectives of enhancing development outcomes and reducing the incidence of severe forms of trafficking in project areas;

“(5)

increase the capacity of multilateral development banks and of recipient governments to conduct human trafficking risk assessments and integrate anti-trafficking interventions into projects;

“(6)

support the development of meaningful risk mitigation and reduction policies, regulations, and strategies within the multilateral development banks to reduce the incidence and prevalence of severe forms of trafficking in persons and enhance development outcomes that may be improved by reducing the incidence and prevalence of human trafficking; and

“(7)

support the inclusion of human trafficking risk analysis in the development of relevant country strategies by each multilateral development bank.

“(b)

Briefings .—

The Secretary of the Treasury shall make relevant officials available to brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of this section.”

, , , provided that:

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, § 705 Pub. L. 96–259, title V, § 501(c)June 3, 198094 Stat. 432

“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.”

, as added by , , , provided that:

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, § 611Oct. 18, 197892 Stat. 1602

“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.”

, , , provided that: