Sec. 103. Memorandum of understanding
336 words·~2 min read·
/bill/113/hr/3212/eh/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of State should seek to enter into an MOU with every country that is not a Convention country and is unlikely to become a Convention country in the forseeable future, that includes— identification of the Central Authority; a protocol to identify, locate, and 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; a protocol for the establishment and protection of the rights of access; identification of the judicial or administrative authority that will promptly adjudicate abduction cases and access cases; identification of a law enforcement agency and available law enforcement mechanisms and procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to paragraph
(4)to return an abducted child to a left-behind parent, including by— conducting an investigation to ascertain the location of the abducted child; providing protection to the abducted child after such child is located; and retrieving the abducted child and making the appropriate arrangements for such child to be returned to the country of habitual residence; a protocol to establish periodic visits between a United States embassy or consular official and an abducted child to allow the official to ascertain the child’s location and welfare; and such other provisions as determined to be appropriate by the Secretary of State. Nothing in this Act shall be construed to prohibit the United States from proposing and entering into a memorandum of understanding with a Convention country to further clarify the reciprocal obligations of the United States and the Convention country under the Hague Abduction Convention. In those instances in which there is a memorandum of understanding as described in paragraph (1), the obligations of the Convention country under such memorandum shall be considered to be obligations of such country under the Hague Abduction Convention for purposes of this Act.