Section 1 Short title
This Act may be cited as the “Illegitimate Court Counteraction Act of 2023”.
Illegitimate Court Counteraction Act of 2023
A BILL
To impose sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies.
Sec. 2 Sanctions with respect to the International Criminal Court
In general— If the International Criminal Court is conducting an active investigation of, is engaged in a preliminary examination of, or is pursuing charges against a protected person, the President shall impose—
the sanctions described in subsection (b) with respect to a covered International Criminal Court employee or associate; and
the sanctions described in subsection (b)(2) with respect to any foreign person who is—
an employee of the International Criminal Court;
determined to be acting as an agent of the International Criminal Court or an employee of the International Criminal Court; or
an immediate family member of a covered International Criminal Court employee or associate.
Sanctions described— The sanctions described in this subsection that shall be imposed with respect to a covered International Criminal Court employee or associate are the following:
Property blocking— The President shall exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the covered International Criminal Court employee or associate if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
Aliens inadmissible for visas, admission, or parole—
Visas, admission, or parole— In the case of an alien, the alien is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued.
Immediate effect— A revocation under clause (i) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Implementation; penalties—
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
Exceptions—
Exception relating to importation of goods—
In general— A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
Good— In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Exception to comply with United Nations headquarters agreement and law enforcement objectives— Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States—
would further important United States law enforcement objectives; or
is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
Sec. 3 Definitions
In this Act:
Admitted alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
Covered International Criminal Court employee or associate— The term covered International Criminal Court employee or associate means a foreign person that—
has directly or indirectly engaged in or otherwise aided any effort or action by the International Criminal Court to investigate, arrest, detain, or prosecute a protected person;
has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of such efforts by the International Criminal Court described in subparagraph (A); or
is owned or controlled by, or has acted or purports to have acted, directly or indirectly, for or on behalf of any person that engages in such efforts by the International Criminal Court described in subparagraph (A).
Foreign person— The term foreign person means a person that is not a United States person.
Immediate family member— The term immediate family member, with respect to a foreign person, means the spouse, parent, sibling, or adult child of the person.
Protected person— The term protected person means—
a member of the Armed Forces of the United States;
a former member of the Armed Forces of the United States who is being investigated by the International Criminal Court for alleged actions that occurred while the individual was a member of the Armed Forces;
an employee or contractor of the United States Government who—
assists the Armed Forces of the United States; or
has any role in creating or implementing policies of the Armed Forces;
a former employee or contractor of the United States Government who—
as an employee or contractor, assisted the Armed Forces or had any role in creating or implementing policies of the Armed Forces; and
is being investigated by the International Criminal Court for alleged actions that occurred while the individual was an employee or contractor of the United States Government;
a member of the armed forces of a country that—
is a treaty ally or partner of the United States;
is not a state party to the Rome Statute of the International Criminal Court; and
has not consented to the involvement of the International Criminal Court in the relevant investigation; or
an individual who—
is a former member of the armed forces of a country that—
is a treaty ally or partner of the United States;
is not a state party to the Rome Statute of the International Criminal Court; and
has not consented to the involvement of the International Criminal Court in the relevant investigation; and
is being investigated by the International Criminal Court for alleged actions that occurred while the individual was a member of the armed forces of such country.
Treaty ally or partner of the United States— The term treaty ally or partner of the United States means any of the following:
A foreign country that is a party to any of the following:
The North Atlantic Treaty, signed at Washington, April 4, 1949.
The Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951.
The Mutual Defense Treaty Between the United States of America and the Republic of the Philippines, signed at Washington, August 30, 1951.
The Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960.
The Mutual Defense Treaty Between the United States of America and the Republic of Korea, signed at Washington, October 1, 1953.
Israel.
Taiwan.
Sweden.
Finland.
United states person— The term United States person means—
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
any person in the United States.