Human rights and United States assistance policies with international financial
institutions, 22 U.S.C. § 262d (1994).
(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 830 (8) of the Nuclear Proliferation Prevention Act
of 1994) or a nuclear explosive device (as defined in sectin 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 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) Reporting requirements
(1) Not later than 30 days after the end of each calendar quarter,
the Secretary of the Treasury shall report quarterly on all loans considered
by the Boards of Executive Directors of the institutions listed in subsection
(a) of this section to the Chairman and ranking minority member of the Committee
on Banking, Finance and Urban Affairs of the House of Representatives, or
the designees of such Chairman and ranking minority member, and the Chairman
and ranking minority member of the Committee on Foreign Relations of the
Senate.
(2) Each report required by paragraph (1) shall--
(A) include a list of all loans considered by the Board of Executive
Directors of the institutions listed in subsection (a) of this section and
shall specify with respect to each such loan--
(i) the institution involved;
(ii) the date of final action;
(iii) the borrower;
(iv) the amount;
(v) the project or program;
(vi) the vote of the United States Government;
(vii) the reason for United States Government opposition, if any;
(viii) the final disposition of the loan; and
(ix) if the United States Government opposed the loan, whether the
loan meets basic human needs.
(B) indicate whether the United States has opposed any loan, financial
assistance, or technical assistance to a country on human rights grounds;
(C) indicate whether the United States has voted in favor of a loan,
financial assistance, or technical assistance to a country with respect
to which the United States had, in the preceding 2 years, opposed a loan,
financial assistance, or technical assistance on human rights grounds; and
(D) in cases where the United States changed its voting position
from opposition to support or from support to opposition, on human rights
grounds--
(i) indicate the policy considerations that were taken
into account in the development of the United States voting position;
(ii) Describe human rights conditions in the country involved;
(iii) indicate how the United States voted on all other loans, financial
assistance, and technical assistance to such country during the preceding
2 years; and
(iv) contain information as to how the United States voting position
relates to the overall United States Government policy on human rights in
such country.
(d) Requirements of United States assistance through institutions for
projects in recipient countries
The United States Government, in connection with its voice and vote in the
institutions listed in subsection (a) of this section, shall seek to channel
assistance to projects which address basic human needs of the people of
the recipient country.
(e) Criteria for determination of gross violations of internationally
recognized human rights standards
In determining whether a country is in gross violation of internationally
recognized human rights standards, as defined by the provisions of subsection
(a) of this section, 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.
(f) Opposition by United States Executive Directors of institutions to
financial or technical assistance to violating countries
The United States Executive Directors of the institutions listed in subsection
(a) of this section are authorized and instructed to oppose any loan, any
extension of financial assistance, or any technical assistance to any country
described in subsection (a) (1) or (2), unless such assistance is directed
specifically to programs which serve the basic human needs of the citizens
of such country.
(g) Consultative and additional reporting requirements
The 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 Affairs of the House of Representatives
and of the Committee on Foreign Relations of the Senate to inform them regarding
any prospective changes in policy direction toward countries which have
or recently have had poor human rights records.