Page:United States Statutes at Large Volume 116 Part 2.djvu/123

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PUBLIC LAW 107-206—AUG. 2, 2002 116 STAT. 905 party to the International Criminal Court of classified national security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory assurances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution. (c) CONSTRUCTION.—The provisions of this section shall not be construed to prohibit any action permitted under section 2008. SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 22 USC 7426. TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT. (a) PROHIBITION OF MILITARY ASSISTANCE.— Subject to subsections (b) and (c), and effective 1 year after the date on which the Rome Statute enters into force pursuant to Article 126 of the Rome Statute, no United States military assistance may be provided to the government of a country that is a party to the International Criminal Court. (b) NATIONAL INTEREST WAIVER.— The President may, without prior notice to Congress, waive the prohibition of subsection (a) with respect to a particular country if he determines and reports to the appropriate congressional committees that it is important to the national interest of the United States to waive such prohibition. (c) ARTICLE 98 WAIVER. —The President may, without prior notice to Congress, waive the prohibition of subsection (a) with respect to a particular country if he determines and reports to the appropriate congressional committees that such country has entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal court from proceeding against United States personnel present in such country. (d) EXEMPTION. —The prohibition of subsection (a) shall not apply to the government of— (1) a NATO member country; (2) a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand); or (3) Taiwan. SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES 22 USC 7427. OF THE UNITED STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL CRIMINAL COURT. (a) AUTHORITY. — The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court. (b) PERSONS AUTHORIZED TO BE FREED. — The authority of subsection (a) shall extend to the following persons: (1) Covered United States persons. (2) Covered allied persons. (3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person