§ 1531. Apprehension and prosecution of international cyber criminals

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(a)International cyber criminal defined In this section, the term “international cyber criminal” means an individual—

(1)who is believed to have committed a cybercrime or intellectual property crime against the interests of the United States or the citizens of the United States; and

(2)for whom—

(A)an arrest warrant has been issued by a judge in the United States; or

(B)an international wanted notice (commonly referred to as a “Red Notice”) has been circulated by Interpol.

(b)Consultations for noncooperation The Secretary of State, or designee, shall consult with the appropriate government official of each country from which extradition is not likely due to the lack of an extradition treaty with the United States or other reasons, in which one or more international cyber criminals are physically present, to determine what actions the government of such country has taken—

(1)to apprehend and prosecute such criminals; and

(2)to prevent such criminals from carrying out cybercrimes or intellectual property crimes against the interests of the United States or its citizens.

(c)Annual report

(1)In general The Secretary of State shall submit to the appropriate congressional committees an annual report that includes—

(A)the number of international cyber criminals located in other countries, disaggregated by country, and indicating from which countries extradition is not likely due to the lack of an extradition treaty with the United States or other reasons;

(B)the nature and number of significant discussions by an official of the Department of State on ways to thwart or prosecute international cyber criminals with an official of another country, including the name of each such country; and

(C)for each international cyber criminal who was extradited to the United States during the most recently completed calendar year—

(i)his or her name;

(ii)the crimes for which he or she was charged;

(iii)his or her previous country of residence; and

(iv)the country from which he or she was extradited into the United States.

(2)Form The report required by this subsection shall be in unclassified form to the maximum extent possible, but may include a classified annex.

(3)Appropriate congressional committees For purposes of this subsection, the term “appropriate congressional committees” means—

(A)the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and

(B)the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives.

(Pub. L. 114–113, div. N, title IV, § 403, Dec. 18, 2015, 129 Stat. 2979.)

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