    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [June 9, 1998]
    [Pages 928-929]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting Proposed International Crime
    Control Legislation
    June 9, 1998

    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

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                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.