{
  "id": "RL33337",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL33337",
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  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 348611,
      "date": "2007-03-22",
      "retrieved": "2016-04-07T18:15:55.274029",
      "title": "Article 98 Agreements and Sanctions on\u00a0U.S.\u00a0Foreign Aid to Latin America",
      "summary": "During 2006, the Administration and Congress began to reassess some aspects of U.S. policy towards the International Criminal Court (ICC) because of unintended negative effects of that policy on relations with some ICC member countries, especially in Latin America. In Congress, support for aid restrictions on foreign aid to ICC member countries that have not agreed to exempt U.S. citizens from the court\u2019s jurisdiction has diminished. This policy shift has occurred largely because of increasing concerns about the negative effects that ICC-related sanctions have had on U.S. relations with Latin America, particularly in the area of security cooperation.\nIn July 2002, the Rome Statute that created the ICC, the first permanent world court created to judge cases involving serious human rights abuses, entered into force. The United States is not a party to the ICC and does not recognize its jurisdiction over U.S. citizens. Since 2002, the Bush Administration has sought bilateral agreements worldwide to exempt U.S. citizens from ICC prosecution, so-called \u201cArticle 98 agreements.\u201d\nThere has been strong bipartisan support in Congress for legislation aimed at protecting U.S. soldiers and civilian officials from the jurisdiction of the ICC. In 2002, Congress passed the American Servicemembers\u2019 Protection Act or ASPA (P.L. 107-206, title II), which prohibits military assistance to countries that are party to the ICC and that do not have Article 98 agreements. The Nethercutt Amendment to the FY2005 Consolidated Appropriations Act (H.R. 4818/P.L. 108-447) and FY2006 Foreign Operations Appropriations Act (H.R. 3057/P.L. 109-102) prohibited some economic assistance to the governments of those same countries. Nethercutt aid restrictions continued in the FY2007 Continuing Appropriations Resolution (P.L. 109-289, as amended) and are likely to be included in the FY2008 Foreign Operations Appropriation bill.\nThe FY2007 Defense Authorization Act (H.R. 5122/P.L. 109-364), which President Bush signed into law on October 17, 2006, modifies ASPA to end the ban on International Military Education and Training (IMET) assistance to affected countries. Restrictions on Foreign Military Financing (FMF) remain in place. On November 28, 2006, pursuant to section 574 of P.L. 109-102, President Bush waived Nethercutt restrictions on FY2006 Economic Support Funds (ESF) to 14 countries, including Bolivia, Costa Rica, Ecuador, Mexico, Paraguay, and Peru.\nWhile some Members of Congress advocate ending all ICC-related sanctions, others believe that some aid restrictions should remain in place in order to encourage other countries to sign Article 98 agreements. The issue of whether to continue these aid restrictions is likely to be considered during the 110th Congress. This report may be updated.",
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    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816958/",
      "id": "RL33337_2006Jul06",
      "date": "2006-07-06",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Article 98 Agreements and Sanctions on U.S. Foreign Aid to Latin America",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8995/",
      "id": "RL33337 2006-04-10",
      "date": "2006-04-10",
      "retrieved": "2006-07-03T15:00:54",
      "title": "Article 98 Agreements and Sanctions on U.S. Foreign Aid to Latin America",
      "summary": "This report discusses the so-called \u201cArticle 98 agreements\u201d. The article contains a provision that the Bush Administration has sought bilateral agreements worldwide to exempt U.S. citizens from ICC prosecution. In 2002, Congress passed the American Servicemembers\u2019 Protection Act or ASPA (P.L. 107-206, title II), which prohibits military assistance to countries that are party to the ICC and that do not have Article 98 agreements. Some Members of Congress and Bush Administration officials have expressed concerns about the unintended effects of these sanctions on U.S. relations with Latin America. Policymakers are considering some options to mitigate these effects without undermining ASPA or diplomatic efforts to secure Article 98 agreements.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Foreign aid",
          "name": "Foreign aid"
        },
        {
          "source": "LIV",
          "id": "American economic assistance - Libya",
          "name": "American economic assistance - Libya"
        },
        {
          "source": "LIV",
          "id": "Sanctions (International law)",
          "name": "Sanctions (International law)"
        },
        {
          "source": "LIV",
          "id": "Trade",
          "name": "Trade"
        },
        {
          "source": "LIV",
          "id": "International affairs",
          "name": "International affairs"
        }
      ]
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8998/",
      "id": "RL33337 2006-03-30",
      "date": "2006-03-30",
      "retrieved": "2006-07-03T15:01:04",
      "title": "Article 98 Agreements and Sanctions on U.S. Foreign Aid to Latin America",
      "summary": "This report discusses the so-called \u201cArticle 98 agreements\u201d. The article contains a provision that the Bush Administration has sought bilateral agreements worldwide to exempt U.S. citizens from ICC prosecution. In 2002, Congress passed the American Servicemembers\u2019 Protection Act or ASPA (P.L. 107-206, title II), which prohibits military assistance to countries that are party to the ICC and that do not have Article 98 agreements. Some Members of Congress and Bush Administration officials have expressed concerns about the unintended effects of these sanctions on U.S. relations with Latin America. Policymakers are considering some options to mitigate these effects without undermining ASPA or diplomatic efforts to secure Article 98 agreements.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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      "topics": [
        {
          "source": "LIV",
          "id": "Foreign aid",
          "name": "Foreign aid"
        },
        {
          "source": "LIV",
          "id": "American economic assistance - Libya",
          "name": "American economic assistance - Libya"
        },
        {
          "source": "LIV",
          "id": "Sanctions (International law)",
          "name": "Sanctions (International law)"
        },
        {
          "source": "LIV",
          "id": "Trade",
          "name": "Trade"
        },
        {
          "source": "LIV",
          "id": "International affairs",
          "name": "International affairs"
        }
      ]
    }
  ],
  "topics": [
    "Appropriations",
    "Foreign Affairs",
    "National Defense"
  ]
}