22 June 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

    Note: The full text of the proposed legislation is available in
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    [DOCID: f:hd272.105]
    From the House Documents Online via GPO Access
    [wais.access.gpo.gov]

    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

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        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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