Page:United States Statutes at Large Volume 116 Part 2.djvu/120

 116 STAT. 902 PUBLIC LAW 107-206—AUG. 2, 2002 an investigation or prosecution of a named individual by the International Criminal Court. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority— (1) notifies the appropriate congressional committees of the intention to exercise such authority; and (2) determines and reports to the appropriate congressional committees that— (A) a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of sections 2005 and 2007 is in effect; (B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the International Criminal Court's investigation or prosecution; (C) it is in the national interest of the United States for the International Criminal Court's investigation or prosecution of the named individual to proceed; and (D) in investigating events related to actions by the named individual, none of the following persons will be investigated, arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an officisil capacity: (i) Covered United States persons, (ii) Covered allied persons. (iii) Individuals who were covered United States persons or covered allied persons. (d) TERMINATION OF WAIVER PURSUANT TO SUBSECTION (C).— Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and requirements of sections 2004 and 2006 shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of sections 2005 and 2007 expires and is not extended pursuant to subsection (b). (e) TERMINATION OF PROHIBITIONS OF THIS TITLE. — The prohibitions and requirements of sections 2004, 2005, 2006, and 2007 shall cease to apply, and the authority of section 2008 shall terminate, if the United States becomes a party to the International Criminal Court pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States. 22 USC 7423. SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT. (a) APPLICATION. —The provisions of this section— (1) apply only to cooperation with the International Criminal Court and shall not apply to cooperation with an ad hoc international criminal tribunal established by the United Nations Security Council before or after the date of the enactment of this Act to investigate and prosecute war crimes committed in a specific country or during a specific conflict; and (2) shall not prohibit— (A) any action permitted under section 2008; or (B) communication by the United States of its policy with respect to a matter. (b) PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERA- TION. —Notwithstanding section 1782 of title 28, United States Code, or any other provision of law, no United States Court, and no

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