[House Document 105-272]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-272


 
     PROPOSED LEGISLATION: INTERNATIONAL CRIME CONTROL ACT OF 1998

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

   A DRAFT OF PROPOSED LEGISLATION TO DETER AND PUNISH INTERNATIONAL 
  CRIME, TO PROTECT UNITED STATES NATIONALS AND INTERESTS AT HOME AND 
 ABROAD, AND TO PROMOTE GLOBAL COOPERATION AGAINST INTERNATIONAL CRIME





    June 9, 1998.--Message and accompanying papers referred to the 
 Committees on the Judiciary, International Relations, Ways and Means, 
  Commerce, Transportation and Infrastructure, Banking and Financial 
Services, and Government Reform and Oversight and ordered to be printed


To the Congress of the United States:
    I am transmitting for immediate consideration and enactment 
the ``International Crime Control Act of 1998'' (ICCA). The 
ICCA is one of the foremost initiatives highlighted in my 
Administration's International Crime Control Strategy, which I 
announced on May 12, 1998. The proposed legislation would 
substantially improve the ability of U.S. law enforcement 
agencies to investigate and prosecute international criminals, 
seize their money and assets, intercept them at our borders, 
and prevent them from striking at our people and institutions.
    Advances in technology, the resurgence of democracy, and 
the lowering of global political and economic barriers have 
brought increased freedom and higher living standards to 
countries around the world, including our own. However, these 
changes have also provided new opportunities for international 
criminals trafficking in drugs, firearms, weapons of mass 
destruction, and human beings, and engaging in fraud, theft, 
extortion, and terrorism.
    In response to these formidable threats to the American 
people, I have directed the Departments of Justice, State, and 
the Treasury, as well as the Federal law enforcement and 
intelligence communities, to intensify their ongoing efforts to 
combat international crime. In order to carry out this mandate 
most effectively, the many departments and agencies involved 
need the additional tools in the proposed ICCA that will 
enhance Federal law enforcement authority in several key areas, 
close gaps in existing laws, and facilitate global cooperation 
against international crime.
    The ICCA's provisions focus on seven essential areas to 
improve the Federal Government's ability to prevent, 
investigate, and punish international crimes and criminals:

(1) Investigating and Punishing Acts of Violence Committed Against 
        Americans Abroad

    Broadens existing criminal law to authorize the 
investigation and punishment of organized crime groups who 
commit serious criminal acts against Americans abroad. (Current 
law generally requires a link to terrorist activity.)
    Provides jurisdiction in the United States over violent 
acts committed abroad against State and local officials while 
in other countries on official Federal business.

(2) Strengthening U.S. Air, Land, and Sea Borders

    Increases penalties for smugglers who endanger Federal law 
enforcement officials seeking to interdict their activities, 
introducing the Federal criminal offense of ``portrunning'' 
(i.e., evading border inspections, often through the use of 
force).
    Addresses gaps in current law relating to maritime drug 
interdiction operations, introducing the criminal offense of 
failing to stop (``heave to'') a vessel at the direction of a 
Coast Guard or other Federal law enforcement official seeking 
to board that vessel.
    Provides clear authority to search international, outbound 
letter-class mail if there is reasonable cause to suspect that 
the mail contains monetary instruments, drugs, weapons of mass 
destruction, or merchandise mailed in violation of several 
enumerated statutes (including obscenity and export control 
laws).
    Broadens the ability to prosecute criminals smuggling goods 
out of the United States.

(3) Denying Safe Haven to International Fugitives

    Authorizes the extradition, in certain circumstances, of 
suspected criminals to foreign nations in two separate cases 
not covered by a treaty: (1) when the United States has an 
extradition treaty with the nation, but the applicable treaty 
is an outdated ``list'' treaty that does not cover the offense 
for which extradition is sought; and (2) when the United States 
does not have an extradition treaty with the requesting nation.
    Provides for exclusion from the United States of drug 
traffickers and their immediate family members and of persons 
who attempt to enter the United States in order to avoid 
prosecution in another country.

(4) Seizing and Forfeiting the Assets of International Criminals

    Expands the list of money laundering ``predicate crimes'' 
to include certain violent crimes, international terrorism, and 
bribery of public officials, thus increasing the availability 
of money laundering enforcement tools.
    Broadens the definition of ``financial institution'' to 
include foreign banks, thereby closing a loophole involving 
criminally derived funds laundered through foreign banks doing 
business here.
    Provides new tools to crack down on businesses illegally 
transmitting money, and to investigate money laundering under 
the Bank Secrecy Act.
    Toughens penalties for violations of the International 
Emergency Economic Powers Act.
    Criminalizes attempted violations of the Trading With the 
Enemy Act.

(5) Responding to Emerging International Crime Problems

    Enhances enforcement tools for combating arms trafficking, 
including requiring ``instant checks'' of the criminal history 
of those acquiring explosive materials from Federal licensees 
and clarifying Federal authority to conduct undercover 
transactions subject to the Arms Export Control Act for 
investigative purposes.
    Addresses the increasing problem of alien smuggling by 
authorizing the forfeiture of the proceeds and all 
instrumentalities of alien smuggling.
    Cracks down on the international shipment of ``precursor 
chemicals'' used to manufacture illicit drugs, primarily by 
authorizing the Drug Enforcement Administration to require 
additional ``end-use'' verification.
    Provides extraterritorial jurisdiction for fraud involving 
credit cards and other ``access devices,'' which cost U.S. 
businesses hundreds of millions of dollars every year.
    Authorizes wiretapping for investigations of felony 
computer crime offenses.

(6) Promoting Global Cooperation

    Expands the authority of U.S. law enforcement agencies to 
share the seized assets of international criminals with foreign 
law enforcement agencies.
    Provides new authority, applicable in cases where there is 
no mutual legal assistance treaty provision, to transfer a 
person in United States Government custody to a requesting 
country temporarily for purposes of a criminal proceeding.

(7) Streamlining the Investigation and Prosecution of International 
        Crime in U.S. Courts

    Authorizes the Attorney General to use funds to defray 
translation, transportation, and other costs of State and local 
law enforcement agencies in cases involving fugitives or 
evidence overseas.
    Facilitates the admission into evidence in U.S. court 
proceedings of certain foreign government records.
    The details of this proposal are described in the enclosed 
section-by-section analysis. I urge the prompt and favorable 
consideration of this legislative proposal by the Congress.

                                                William J. Clinton.
    The White House, June 9, 1998.





                                
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