---
kind: "section"
citation: "22 U.S.C. § 7422"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "7422"
heading: "Waiver and termination of prohibitions of this subchapter"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/7422"
units:
  - "Chapter 81 — International Criminal Court"
  - "Subchapter II — American Servicemembers’ Protection"
---

# §7422. Waiver and termination of prohibitions of this subchapter

- (a) **Authority to initially waive section 7424—** The President is authorized to waive the prohibitions and requirements of [section 7424 of this title](/usc/22/7424.md) for a single period of 1 year. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
  - (1) notifies the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) of the intention to exercise such authority; and
  - (2) determines and reports to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that the [International Criminal Court](/usc/22/7432.md?p=6) has entered into a binding agreement that—
    - (A) prohibits the [International Criminal Court](/usc/22/7432.md?p=6) from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:
      - (i) [covered United States persons](/usc/22/7432.md?p=4);
      - (ii) [covered allied persons](/usc/22/7432.md?p=3); and
      - (iii) individuals who were [covered United States persons](/usc/22/7432.md?p=4) or [covered allied persons](/usc/22/7432.md?p=3); and
    - (B) ensures that no person described in [subparagraph (A)](#a-2-A) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the [International Criminal Court](/usc/22/7432.md?p=6).
- (b) **Authority to extend waiver of section 7424—** The President is authorized to waive the prohibitions and requirements of [section 7424 of this title](/usc/22/7424.md) for successive periods of 1 year each upon the expiration of a previous waiver pursuant to [subsection (a)](#a) or this subsection. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
  - (1) notifies the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) of the intention to exercise such authority; and
  - (2) determines and reports to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that the [International Criminal Court](/usc/22/7432.md?p=6)—
    - (A) remains party to, and has continued to abide by, a binding agreement that—
      - (i) prohibits the [International Criminal Court](/usc/22/7432.md?p=6) from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:
        - (I) [covered United States persons](/usc/22/7432.md?p=4);
        - (II) [covered allied persons](/usc/22/7432.md?p=3); and
        - (III) individuals who were [covered United States persons](/usc/22/7432.md?p=4) or [covered allied persons](/usc/22/7432.md?p=3); and
      - (ii) ensures that no person described in [clause (i)](#b-2-A-i) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the [International Criminal Court](/usc/22/7432.md?p=6); and
    - (B) has taken no steps to arrest, detain, prosecute, or imprison any person described in [clause (i)](#b-2-A-i) of subparagraph (A).
- (c) **Authority to waive sections 7423 and 7425 with respect to an investigation or prosecution of a named individual—** The President is authorized to waive the prohibitions and requirements of sections [7423](/usc/22/7423.md) and [7425](/usc/22/7425.md) of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution of a named individual by the [International Criminal Court](/usc/22/7432.md?p=6). A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
  - (1) notifies the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) of the intention to exercise such authority; and
  - (2) determines and reports to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that—
    - (A) a waiver pursuant to subsection [(a)](#a) or [(b)](#b) of the prohibitions and requirements of [section 7424 of this title](/usc/22/7424.md) is in effect;
    - (B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the [International Criminal Court](/usc/22/7432.md?p=6)’s investigation or prosecution;
    - (C) it is in the national interest of the United States for the [International Criminal Court](/usc/22/7432.md?p=6)’s investigation or prosecution of the named individual to proceed; and
    - (D) in investigating events related to actions by the named individual, none of the following persons will be investigated, arrested, detained, prosecuted, or imprisoned by or on behalf of the [International Criminal Court](/usc/22/7432.md?p=6) with respect to actions undertaken by them in an official capacity:
      - (i) [Covered United States persons](/usc/22/7432.md?p=4).
      - (ii) [Covered allied persons](/usc/22/7432.md?p=3).
      - (iii) Individuals who were [covered United States persons](/usc/22/7432.md?p=4) or [covered allied persons](/usc/22/7432.md?p=3).
- (d) **Termination of waiver pursuant to subsection (c)—** Any waiver or waivers exercised pursuant to [subsection (c)](#c) of the prohibitions and requirements of sections [7423](/usc/22/7423.md) and [7425](/usc/22/7425.md) of this title shall terminate at any time that a waiver pursuant to subsection [(a)](#a) or [(b)](#b) of the prohibitions and requirements of [section 7424 of this title](/usc/22/7424.md) expires and is not extended pursuant to [subsection (b)](#b).
- (e) **Termination of prohibitions of this subchapter—** The prohibitions and requirements of sections [7423](/usc/22/7423.md), [7424](/usc/22/7424.md), and [7425](/usc/22/7425.md) of this title shall cease to apply, and the authority of [section 7427 of this title](/usc/22/7427.md) shall terminate, if the United States becomes a [party to the International Criminal Court](/usc/22/7432.md?p=9) pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States.

## Source credit

(Pub. L. 107–206, title II, § 2003, Aug. 2, 2002, 116 Stat. 901; Pub. L. 110–181, div. A, title XII, § 1212(b)(1), Jan. 28, 2008, 122 Stat. 371.)

## Notes

### Editorial Notes

### Amendments

2008—Subsecs. (a), (b). Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted “section 7424” for “sections 7424 and 7426” in heading and text.

Subsecs. (c)(2)(A), (d). Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted “section 7424” for “sections 7424 and 7426”.

Subsec. (e). Pub. L. 110–181, § 1212(b)(1)(E), substituted “and 7425” for “7425, and 7426”.