U.S Code last checked for updates: Apr 26, 2024
§ 262d.
Human rights and United States assistance policies with international financial institutions
(a)
Policy goals
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, shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in—
(1)
a 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
(2)
provide refuge to individuals committing acts of international terrorism by hijacking aircraft.
(b)
Policy considerations for Executive Directors of institutions in implementation of duties
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)
whether the recipient country—
(A)
is seeking to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of this title) or a nuclear explosive device (as defined in section 6305(4) of this title);
(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 5801 of this title), and Democratic Kampuchea (Cambodia), the responsiveness of the governments of such countries in providing a more substantial accounting of Americans missing in action.
(c)
Requirements of United States assistance through institutions for projects in recipient countries
(d)
Criteria for determination of gross violations of internationally recognized human rights standards
(e)
Opposition by United States Executive Directors of institutions to financial or technical assistance to violating countries
(f)
Consultative requirement
(g)
Violations of religious freedom
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 6402 of this title; 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.
(Pub. L. 95–118, title VII, § 701, Oct. 3, 1977, 91 Stat. 1069; Pub. L. 96–259, title V, § 501(a), (b), June 3, 1980, 94 Stat. 431, 432; Pub. L. 97–35, title XIII, § 1342(b), Aug. 13, 1981, 95 Stat. 743; Pub. L. 97–375, title II, § 211, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 98–181, title I [title X, § 1004], Nov. 30, 1983, 97 Stat. 1286; Pub. L. 101–240, title V, § 541(c), (d)(4), (e)(8), Dec. 19, 1989, 103 Stat. 2517–2519; Pub. L. 101–513, title V, § 562(b)(2), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 102–511, title X, § 1008, Oct. 24, 1992, 106 Stat. 3361; Pub. L. 103–236, title VIII, § 823(b), Apr. 30, 1994, 108 Stat. 512; Pub. L. 105–292, title IV, § 422, Oct. 27, 1998, 112 Stat. 2810; Pub. L. 106–569, title XI, § 1103(g), Dec. 27, 2000, 114 Stat. 3031; Pub. L. 113–188, title XVI, § 1601(b), Nov. 26, 2014, 128 Stat. 2025.)
cite as: 22 USC 262d