§9101. Definitions — Inbound Citations
22 U.S.C. § 9101
Cited by 172 provisions in release 119-102.
Citations to §9101(1)
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(i) not located the abducted child;
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(ii) failed to undertake serious efforts to locate the abducted child; and
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(D) the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph (B) to return an abducted child to a left-behind parent, including by—(i) conducting an investigation to ascertain the location of the abducted child;(ii) providing protection to the abducted child after such child is located; and(iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;
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(i) conducting an investigation to ascertain the location of the abducted child;
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(ii) providing protection to the abducted child after such child is located; and
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(iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;
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(2) the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located;
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(4) the implementation of a protocol to establish periodic visits between a United States embassy or consular official and an abducted child, in order to allow the official to ascertain the child’s location and welfare.
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(d) When an individual who is an abducted child attains 16 years of age, a consular officer from a United States diplomatic mission in the country in which such individual resides shall, until either the left-behind parent seeking assistance or the individual (after attaining 18 years of age) requests the officer to cease, annually attempt to contact such individual, through welfare and whereabout visits and by engaging other agencies and foreign counterparts as necessary, to provide information, as relevant, on rights and privileges as a United States citizen, such as passports, and any eligible benefits from left-behind parent, such as G.I. educational and health benefits and to obtain a verified location of such individual.
Citations to §9101(2)
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(a) Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. The Secretary shall post the Annual Report to the publicly accessible website of the Department of State.
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(1) a list of all countries in which there were 1 or more abduction cases, during the preceding calendar year, relating to a child whose habitual residence is the United States, including a description of whether each such country—(A) is a Convention country;(B) is a bilateral procedures country;(C) has other procedures for resolving such abductions; or
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(C) has other procedures for resolving such abductions; or
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(2) for each country with respect to which there were 5 or more pending abduction cases, during the preceding year, relating to a child whose habitual residence is the United States—(A) the number of such new abduction and access cases, respectively, reported during the preceding year and the number of children involved;(B) for Convention and bilateral procedures countries—(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;(C) the reason for the delay in submission of each case identified in subparagraph (B)(ii) by the Central Authority of such country to the judicial or administrative authority of that country;(D) the number of unresolved abduction and access cases, respectively, the number of children involved, and the length of time each case has been pending;(E) the number and percentage of unresolved abduction cases in which law enforcement authorities have—(i) not located the abducted child;(ii) failed to undertake serious efforts to locate the abducted child; and(iii) failed to enforce a return order rendered by the judicial or administrative authorities of such country;(F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year;(G) recommendations to improve the resolution of abduction and access cases; and(H) the average time it takes to locate a child;
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(A) the number of such new abduction and access cases, respectively, reported during the preceding year and the number of children involved;
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(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and
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(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;
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(D) the number of unresolved abduction and access cases, respectively, the number of children involved, and the length of time each case has been pending;
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(F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year;
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(G) recommendations to improve the resolution of abduction and access cases; and
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(C) countries having other procedures for resolving such abductions; or
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(C) to address pending abduction and access cases;
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(9) information about efforts to seek resolution of abduction cases of children whose habitual residence is in the United States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United States; and
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(3) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions;
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(A) abductions;
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(1) The Secretary of State shall include, in a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 9122(b) of this title, of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.
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(A) maintain a consistent reporting standard with respect to abduction and access cases;
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(B) designate at least 1 senior official in each such mission, at the discretion of the Chief of Mission, to assist left-behind parents from the United States who are visiting such country or otherwise seeking to resolve abduction or access cases; and
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(C) monitor developments in abduction and access cases; and
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(2) develop and implement written strategic plans for engagement with any Convention or non-Convention country in which there are 5 or more cases of international child abduction.
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(2) In carrying out paragraph (1), the Secretary of State shall give priority to countries with significant abduction cases and related issues.
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(B) the judicial or administrative authority that will promptly adjudicate abduction and access cases;
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(2) the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located;
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(3) the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases; and
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(1) reports an abduction to the Central Authority of the United States; and
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(b) At the request of any person who is a left-behind parent, including a left-behind parent who previously reported an abduction to the Central Authority of the United States before August 8, 2014, the notification required under subsection (a) shall be provided as soon as is practicable.
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(2) to promote the timely resolution of abduction cases through 1 or more of the actions described in section 9122 of this title; and
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(3) to ensure appropriate coordination within the Federal Government and between Federal, State, and local agencies involved in abduction prevention, investigation, and resolution.
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(1) For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending or is otherwise unresolved on the date that is 12 months after the date on which the Central Authority of the United States submits such case to a foreign country, the Secretary of State shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case. If the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable—(A) take 1 or more of the actions described in subsections (d) and (e) of section 9122 of this title; and(B) direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government.
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(1) to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases;
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(A) review the status of abduction and access cases in each foreign country in order to determine whether the government of such country has engaged in a pattern of noncompliance during the preceding 12 months; and
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(8) a formal request to the foreign country concerned to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense.
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(1) Not later than 1 year after December 23, 2024, the Secretary of State, subject to the availability of funds, shall seek to enter into an agreement with an appropriate university, research institution, or nongovernmental organization to study and publish a report on the impact to abducted children and left-behind parents as a result of international parental child abduction.
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(A) has satisfactorily resolved the abduction cases giving rise to the application of any of such actions; or
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(A) to resolve abductions cases; or
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(a) The Secretary of State, subject to the availability of appropriations, shall seek to provide training, directly or through another government agency or nongovernmental organizations, on the effective handling of parental abduction cases to the judicial and administrative authorities in countries—(1) in which a significant number of unresolved abduction cases are pending; or(2) that have been designated as having a pattern of noncompliance under section 9122(b) of this title.
Citations to §9101(4)
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(A) the number of such new abduction and access cases, respectively, reported during the preceding year and the number of children involved;
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(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and
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(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;
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(D) the number of unresolved abduction and access cases, respectively, the number of children involved, and the length of time each case has been pending;
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(F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year;
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(G) recommendations to improve the resolution of abduction and access cases; and
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(C) to address pending abduction and access cases;
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(A) maintain a consistent reporting standard with respect to abduction and access cases;
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(B) designate at least 1 senior official in each such mission, at the discretion of the Chief of Mission, to assist left-behind parents from the United States who are visiting such country or otherwise seeking to resolve abduction or access cases; and
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(C) monitor developments in abduction and access cases; and
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(B) the judicial or administrative authority that will promptly adjudicate abduction and access cases;
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(1) For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending or is otherwise unresolved on the date that is 12 months after the date on which the Central Authority of the United States submits such case to a foreign country, the Secretary of State shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case. If the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable—(A) take 1 or more of the actions described in subsections (d) and (e) of section 9122 of this title; and(B) direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government.
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(1) to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases;
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(A) review the status of abduction and access cases in each foreign country in order to determine whether the government of such country has engaged in a pattern of noncompliance during the preceding 12 months; and
Citations to §9101(5)
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(a) Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. The Secretary shall post the Annual Report to the publicly accessible website of the Department of State.
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(b) Each Annual Report shall include—(1) a list of all countries in which there were 1 or more abduction cases, during the preceding calendar year, relating to a child whose habitual residence is the United States, including a description of whether each such country—(A) is a Convention country;(B) is a bilateral procedures country;(C) has other procedures for resolving such abductions; or(2) for each country with respect to which there were 5 or more pending abduction cases, during the preceding year, relating to a child whose habitual residence is the United States—(A) the number of such new abduction and access cases, respectively, reported during the preceding year and the number of children involved;(B) for Convention and bilateral procedures countries—(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;(C) the reason for the delay in submission of each case identified in subparagraph (B)(ii) by the Central Authority of such country to the judicial or administrative authority of that country;(D) the number of unresolved abduction and access cases, respectively, the number of children involved, and the length of time each case has been pending;(E) the number and percentage of unresolved abduction cases in which law enforcement authorities have—(i) not located the abducted child;(ii) failed to undertake serious efforts to locate the abducted child; and(iii) failed to enforce a return order rendered by the judicial or administrative authorities of such country;(F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year;(G) recommendations to improve the resolution of abduction and access cases; and(H) the average time it takes to locate a child;(3) the number of abducted children whose habitual residence is in the United States and who were returned to the United States from—(A) Convention countries;(C) countries having other procedures for resolving such abductions; or(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;(5) a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based;(6) information on efforts by the Secretary of State to encourage non-Convention countries—(A) to ratify or accede to the Hague Abduction Convention;(B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the United States; and(C) to address pending abduction and access cases;(7) the number of cases resolved without abducted children being returned to the United States from Convention countries, bilateral procedures countries, or other non-Convention countries, and number of children involved in such cases;(8) a list of countries that became Convention countries with respect to the United States during the preceding year;(9) information about efforts to seek resolution of abduction cases of children whose habitual residence is in the United States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United States; and(10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries.
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(d) Each Annual Report shall also include—(1) information on the number of unresolved abduction cases affecting military parents;(2) a description of the assistance offered to such military parents;(3) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions;(4) information on actions taken by the Central Authority of the United States to train domestic judges in the application of the Hague Abduction Convention; and(5) information on actions taken by the Central Authority of the United States to train United States Armed Forces legal assistance personnel, military chaplains, and military family support center personnel about—(A) abductions;(B) the risk of loss of contact with children; and(C) the legal means available to resolve such cases.
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(1) The Secretary of State shall include, in a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 9122(b) of this title, of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.
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(4) Not later than 90 days after the submission of the Annual Report, the Secretary shall submit a report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance under this section.
Citations to §9101(6)
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(4) information on actions taken by the Central Authority of the United States to train domestic judges in the application of the Hague Abduction Convention; and
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(2) the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located;
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(a) Subject to subsection (b), the Secretary of State may waive the application of any of the actions described in subsections (d) and (e) of section 9122 of this title with respect to a country if the Secretary determines and notifies the appropriate congressional committees that—(1) the government of such country—(A) has satisfactorily resolved the abduction cases giving rise to the application of any of such actions; or(B) has ended such country’s pattern of noncompliance; or(2) the national security interest of the United States requires the exercise of such waiver authority.
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(A) has satisfactorily resolved the abduction cases giving rise to the application of any of such actions; or
Citations to §9101(7)
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(a) Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. The Secretary shall post the Annual Report to the publicly accessible website of the Department of State.
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(3) If the Secretary of State delays any action pursuant to paragraph (2) or decides not to take an action described in subsection (d) or (e) of section 9122 of this title after making the determination described in paragraph (1), the Secretary, not later than 15 days after such delay or decision, shall provide a report to the appropriate congressional committees that details the reasons for delaying action or not taking action, as appropriate.
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(4) At the request of the appropriate congressional committees, the Secretary of State shall provide a detailed briefing, including a written report, if requested, on actions taken to resolve a case or the cause for delay.
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(2) The Secretary shall not be required to take action under paragraph (1) until the expiration of a single, additional period of up to 90 days if, on or before the date on which the Secretary of State is required to take such action, the Secretary determines and certifies to the appropriate congressional committees that such additional period is necessary—(A) for a continuation of negotiations that have been commenced with the government of a country described in paragraph (1) in order to bring about a cessation of the pattern of noncompliance by such country;(B) for a review of corrective action taken by a country after the designation of such country as being engaged in a pattern of noncompliance under subsection (b)(1)(A); or(C) in anticipation that corrective action will be taken by such country during such 90-day period.
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(B) exercises the waiver under section 9124 of this title and briefs the appropriate congressional committees; or
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(C) submits a report to the appropriate congressional committees that—(i) indicates that such country is subject to multiple, broad-based sanctions; and(ii) describes how such sanctions satisfy the requirements under this subsection.
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(2) If commensurate action is taken pursuant to this subsection, the Secretary shall submit a report to the appropriate congressional committees that—(A) describes such action;(B) explains the reasons for taking such action; and(C) specifically describes the basis for the Secretary’s determination under paragraph (1) that such action—(i) is commensurate with the action substituted; and(ii) substantially furthers the purposes of this chapter.
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(2) The Secretary of State shall consult with the appropriate congressional committees on the goals of the study and report required under paragraph (1).
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(a) Subject to subsection (b), the Secretary of State may waive the application of any of the actions described in subsections (d) and (e) of section 9122 of this title with respect to a country if the Secretary determines and notifies the appropriate congressional committees that—(1) the government of such country—(A) has satisfactorily resolved the abduction cases giving rise to the application of any of such actions; or(B) has ended such country’s pattern of noncompliance; or(2) the national security interest of the United States requires the exercise of such waiver authority.
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(1) notify the appropriate congressional committees of such waiver; and
Citations to §9101(8)
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the United States; and
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(1) Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
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(b) The bilateral procedures described in subsection (a) should include provisions relating to—(1) the identification of—(A) the Central Authority;(B) the judicial or administrative authority that will promptly adjudicate abduction and access cases;(C) the law enforcement agencies; and(D) the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph (B) to return an abducted child to a left-behind parent, including by—(i) conducting an investigation to ascertain the location of the abducted child;(ii) providing protection to the abducted child after such child is located; and(iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;(2) the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located;(3) the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases; and(4) the implementation of a protocol to establish periodic visits between a United States embassy or consular official and an abducted child, in order to allow the official to ascertain the child’s location and welfare.
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(B) ensuring the enforcement of reciprocal international obligations under the Hague Abduction Convention or arrangements under bilateral procedures;
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(1) to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases;
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(2) to promote reciprocity pursuant to, and in compliance with, the Hague Abduction Convention or bilateral procedures, as appropriate; and
Citations to §9101(9)
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(B) is a bilateral procedures country;
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(B) for Convention and bilateral procedures countries—(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(7) the number of cases resolved without abducted children being returned to the United States from Convention countries, bilateral procedures countries, or other non-Convention countries, and number of children involved in such cases;
Citations to §9101(10)
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(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and
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(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;
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(C) the reason for the delay in submission of each case identified in subparagraph (B)(ii) by the Central Authority of such country to the judicial or administrative authority of that country;
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(4) information on actions taken by the Central Authority of the United States to train domestic judges in the application of the Hague Abduction Convention; and
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(5) information on actions taken by the Central Authority of the United States to train United States Armed Forces legal assistance personnel, military chaplains, and military family support center personnel about—(A) abductions;(B) the risk of loss of contact with children; and(C) the legal means available to resolve such cases.
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(A) the Central Authority;
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(1) reports an abduction to the Central Authority of the United States; and
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(b) At the request of any person who is a left-behind parent, including a left-behind parent who previously reported an abduction to the Central Authority of the United States before August 8, 2014, the notification required under subsection (a) shall be provided as soon as is practicable.
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(1) For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending or is otherwise unresolved on the date that is 12 months after the date on which the Central Authority of the United States submits such case to a foreign country, the Secretary of State shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case. If the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable—(A) take 1 or more of the actions described in subsections (d) and (e) of section 9122 of this title; and(B) direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government.
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(i) to initially respond by communicating with the Central Authority of the country; and
Citations to §9101(11)
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(a) Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. The Secretary shall post the Annual Report to the publicly accessible website of the Department of State.
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(1) a list of all countries in which there were 1 or more abduction cases, during the preceding calendar year, relating to a child whose habitual residence is the United States, including a description of whether each such country—(A) is a Convention country;(B) is a bilateral procedures country;(C) has other procedures for resolving such abductions; or
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(2) for each country with respect to which there were 5 or more pending abduction cases, during the preceding year, relating to a child whose habitual residence is the United States—(A) the number of such new abduction and access cases, respectively, reported during the preceding year and the number of children involved;(B) for Convention and bilateral procedures countries—(i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and(ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country;(C) the reason for the delay in submission of each case identified in subparagraph (B)(ii) by the Central Authority of such country to the judicial or administrative authority of that country;(D) the number of unresolved abduction and access cases, respectively, the number of children involved, and the length of time each case has been pending;(E) the number and percentage of unresolved abduction cases in which law enforcement authorities have—(i) not located the abducted child;(ii) failed to undertake serious efforts to locate the abducted child; and(iii) failed to enforce a return order rendered by the judicial or administrative authorities of such country;(F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year;(G) recommendations to improve the resolution of abduction and access cases; and(H) the average time it takes to locate a child;
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(H) the average time it takes to locate a child;
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(1) The Secretary of State shall include, in a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 9122(b) of this title, of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.
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(2) develop and implement written strategic plans for engagement with any Convention or non-Convention country in which there are 5 or more cases of international child abduction.
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(ii) providing protection to the abducted child after such child is located; and
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(iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;
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(4) the implementation of a protocol to establish periodic visits between a United States embassy or consular official and an abducted child, in order to allow the official to ascertain the child’s location and welfare.
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(1) For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending or is otherwise unresolved on the date that is 12 months after the date on which the Central Authority of the United States submits such case to a foreign country, the Secretary of State shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case. If the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable—(A) take 1 or more of the actions described in subsections (d) and (e) of section 9122 of this title; and(B) direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government.
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(1) Not later than 1 year after December 23, 2024, the Secretary of State, subject to the availability of funds, shall seek to enter into an agreement with an appropriate university, research institution, or nongovernmental organization to study and publish a report on the impact to abducted children and left-behind parents as a result of international parental child abduction.
Citations to §9101(12)
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(A) is a Convention country;
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(A) Convention countries;
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(7) the number of cases resolved without abducted children being returned to the United States from Convention countries, bilateral procedures countries, or other non-Convention countries, and number of children involved in such cases;
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(8) a list of countries that became Convention countries with respect to the United States during the preceding year;
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(1) Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
Citations to §9101(13)
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(4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases;
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(A) to ratify or accede to the Hague Abduction Convention;
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(9) information about efforts to seek resolution of abduction cases of children whose habitual residence is in the United States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United States; and
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(4) information on actions taken by the Central Authority of the United States to train domestic judges in the application of the Hague Abduction Convention; and
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(1) Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
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(B) ensuring the enforcement of reciprocal international obligations under the Hague Abduction Convention or arrangements under bilateral procedures;
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(1) to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases;
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(2) to promote reciprocity pursuant to, and in compliance with, the Hague Abduction Convention or bilateral procedures, as appropriate; and
Citations to §9101(15)
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(c) Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child.
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(B) designate at least 1 senior official in each such mission, at the discretion of the Chief of Mission, to assist left-behind parents from the United States who are visiting such country or otherwise seeking to resolve abduction or access cases; and
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(D) the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph (B) to return an abducted child to a left-behind parent, including by—(i) conducting an investigation to ascertain the location of the abducted child;(ii) providing protection to the abducted child after such child is located; and(iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;
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(a) The Secretary of State shall submit written notification to the Member of Congress and Senators, or Resident Commissioner or Delegate, as appropriate, representing the legal residence of a left-behind parent if such parent—(1) reports an abduction to the Central Authority of the United States; and(2) consents to such notification.
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(b) At the request of any person who is a left-behind parent, including a left-behind parent who previously reported an abduction to the Central Authority of the United States before August 8, 2014, the notification required under subsection (a) shall be provided as soon as is practicable.
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(d) When an individual who is an abducted child attains 16 years of age, a consular officer from a United States diplomatic mission in the country in which such individual resides shall, until either the left-behind parent seeking assistance or the individual (after attaining 18 years of age) requests the officer to cease, annually attempt to contact such individual, through welfare and whereabout visits and by engaging other agencies and foreign counterparts as necessary, to provide information, as relevant, on rights and privileges as a United States citizen, such as passports, and any eligible benefits from left-behind parent, such as G.I. educational and health benefits and to obtain a verified location of such individual.
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(1) Not later than 1 year after December 23, 2024, the Secretary of State, subject to the availability of funds, shall seek to enter into an agreement with an appropriate university, research institution, or nongovernmental organization to study and publish a report on the impact to abducted children and left-behind parents as a result of international parental child abduction.
Citations to §9101(16)
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(6) information on efforts by the Secretary of State to encourage non-Convention countries—(A) to ratify or accede to the Hague Abduction Convention;(B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the United States; and(C) to address pending abduction and access cases;
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(7) the number of cases resolved without abducted children being returned to the United States from Convention countries, bilateral procedures countries, or other non-Convention countries, and number of children involved in such cases;
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(2) develop and implement written strategic plans for engagement with any Convention or non-Convention country in which there are 5 or more cases of international child abduction.
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(1) Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
Citations to §9101(19)(A)
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(5) a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based;
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(1) The Secretary of State shall include, in a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 9122(b) of this title, of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.
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(B) shall describe the basis for the Secretary’s determination of the pattern of noncompliance by each country;
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(C) shall indicate whether noneconomic policy options designed to resolve the pattern of noncompliance have reasonably been exhausted, including the consultations required under section 9123 of this title.
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(A) review the status of abduction and access cases in each foreign country in order to determine whether the government of such country has engaged in a pattern of noncompliance during the preceding 12 months; and
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(2) The Secretary of State shall seek to determine the agencies or instrumentalities of the government of each country determined to have engaged in a pattern of noncompliance under paragraph (1)(A) that are responsible for such pattern of noncompliance—(A) to appropriately target actions in response to such noncompliance; and(B) to engage with senior foreign government officials to effectively address such noncompliance.
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(1) Not later than 90 days (or 180 days in case of a delay under paragraph (2)) after a country is determined to have been engaged in a pattern of noncompliance under subsection (b)(1)(A), the Secretary of State shall—(A) take 1 or more of the actions described in subsection (d);(B) direct the Chief of Mission in that country to directly address the systemic problems that led to such determination; and(C) inform senior officials in the foreign government of the potential repercussions related to such designation.
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(A) for a continuation of negotiations that have been commenced with the government of a country described in paragraph (1) in order to bring about a cessation of the pattern of noncompliance by such country;
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(B) for a review of corrective action taken by a country after the designation of such country as being engaged in a pattern of noncompliance under subsection (b)(1)(A); or
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(3) The Secretary of State shall not be required to take additional action under paragraph (1) with respect to a country determined to have been engaged in a persistent pattern of noncompliance if the Secretary—(A) has taken action pursuant to paragraph (5), (6), or (7) of subsection (d) with respect to such country in the preceding year and such action continues to be in effect;(B) exercises the waiver under section 9124 of this title and briefs the appropriate congressional committees; or(C) submits a report to the appropriate congressional committees that—(i) indicates that such country is subject to multiple, broad-based sanctions; and(ii) describes how such sanctions satisfy the requirements under this subsection.
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(4) Not later than 90 days after the submission of the Annual Report, the Secretary shall submit a report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance under this section.
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(f) The Secretary of State shall seek to take all appropriate actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncompliance, as applicable.
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As soon as practicable after the Secretary of State makes a determination under section 9121 of this title in response to a failure to resolve unresolved abduction cases or the Secretary takes an action under subsection (d) or (e) of section 9122 of this title, based on a pattern of noncompliance, the Secretary shall request consultations with the government of such country regarding the situation giving rise to such determination.
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(B) has ended such country’s pattern of noncompliance; or
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(B) to end its pattern of noncompliance.
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(2) has taken substantial and verifiable steps to correct such country’s persistent pattern of noncompliance that gave rise to such specific action, as applicable.
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(2) that have been designated as having a pattern of noncompliance under section 9122(b) of this title.
Citations to §9101(22)
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(3) the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases; and
Citations to §9101(23)(A)
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(E) the number and percentage of unresolved abduction cases in which law enforcement authorities have—(i) not located the abducted child;(ii) failed to undertake serious efforts to locate the abducted child; and(iii) failed to enforce a return order rendered by the judicial or administrative authorities of such country;
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(1) information on the number of unresolved abduction cases affecting military parents;
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(1) Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
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(A) take 1 or more actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case; and
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As soon as practicable after the Secretary of State makes a determination under section 9121 of this title in response to a failure to resolve unresolved abduction cases or the Secretary takes an action under subsection (d) or (e) of section 9122 of this title, based on a pattern of noncompliance, the Secretary shall request consultations with the government of such country regarding the situation giving rise to such determination.
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(1) has resolved any unresolved abduction case that gave rise to such specific action; or
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(1) in which a significant number of unresolved abduction cases are pending; or