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

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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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