Sec. 701.7. [[22 U.S.C. 262d](/us/usc/t22/s262d)]

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## Sec. 701.7 **[**[22 U.S.C. 262d](/us/usc/t22/s262d)**]** ### (a)8 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,9 shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in— 7Section 701 was invoked in sec. 586G(a)(5) of the Iraq Sanctions Act of 1990, as contained in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513; 104 Stat. 1979 at 2052).

See also secs. 568, 576, and 579 in Title V of the Foreign Operations, 1403.Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104–208; 110 Stat. 3009). See also sec. 1621 of this Act. 8Sec. 823(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 512), provided the following: ``(a) In General.—The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 701(a) of the International Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the United States to oppose any use of the institution's funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.''.

See also amendment and note at subsec. (b)(3) of this section. 9The reference to the African Development Bank was added by sec. 1342(b) of Public Law 97–35 (95 Stat. 743). Reference to the European Bank for Reconstruction and Development and the International Monetary Fund was added by sec. 1008(a) of the FREEDOM Support Act (Public Law 102–511; 106 Stat. 3361). ####

(1)a10 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 10Sec. 1004(1) of Public Law 98–181 (97 Stat. 1286) struck out the word “consistent” which previously appeared at this point. ####

(2)provide refuge to individuals committing acts of international terrorism by hijacking aircraft. ###

(b)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)11 whether the recipient country— 11Sec. 823(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 512), amended and restated para.

(3)of subsec. (b). It formerly read as follows: ``(3) whether the recipient country has detonated a nuclear device or is not a State Party to the Treaty on Non-Proliferation of Nuclear Weapons or both; and''. #####

(A)is seeking to acquire unsafeguarded special nuclear material (as defined in section 830(8) of the Nuclear Proliferation Prevention Act of 1994) or a nuclear explosive device (as defined in section 830(4) of that Act); #####

(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)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 section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992),12 and Democratic Kampuchea (Cambodia), the responsiveness of the governments of such countries in providing a more substantial accounting of Americans missing in action. 12Sec. 1008(b) of the FREEDOM Support Act (Public Law 102–511; 106 Stat. 3362) inserted “Russia and the other independent states of the former Soviet Union (as defined in section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992),” after “Laos,”. ###

(c)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.13 13Sec. 541 of the International Development and Finance Act of 1989 (Public Law 101–240; 103 Stat. 2518) consolidated several reporting requirements into new secs. 1701–1703 and titles XVIII and XIX of the International Financial Institutions Act and repealed duplicative requirements in other legislation. Sec. 541(e)(8) repealed the last sentence of this subsec. ###

(d)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)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

(1)or (2), unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of such country. ###

(f)The14 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 Affairs15 of the House of Representatives and of the Committee on Foreign Relations of the Senate16 to inform them regarding any prospective changes in policy direction toward counties which have or recently have had poor human rights records. 14This sentence was enacted as par.

(2)of subsec.

(g)by sec. 501(b) of Public Law 96–259 (94 Stat. 432). Sec. 541 of the International Development and Finance Act of 1989 (Public Law 101–240; 103 Stat. 2518) consolidated several reporting requirements into new secs. 1701–1703 and titles XVIII and XIX of the International Financial Institutions Act and repealed duplicative requirements in other legislation. Sec. 541(d)(4) repealed subsec. (g)(1). Sec. 562(b)(2) of Public Law 101–513 (104 Stat. 2034) subsequently struck out paragraph designation “(2)” at the beginning of this paragraph. 15Sec. 1(a)(2) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treated as referring to the Committee on Banking and Financial Services of the House of Representatives. 16Sec. 562(b)(2) of Public Law 101–513 (104 Stat. 2034) struck out “specified in paragraph (1)” and inserted in lieu thereof “of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and of the Committee on Foreign Relations of the Senate”. See also note 14. ###

(g)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)has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998; 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.17 17Added by Public Law 105–292, 112 Stat. 2810. Note, duplicates section (g).

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