THE WHITE HOUSE
Office of the Press Secretary
INTERNATIONAL CRIME CONTROL ACT OF 1998
BACKGROUND
In recent years, Congress has provided substantial new authority and resources to fight international crime. The Administration has used these new tools effectively to dismantle major international drug cartels, thwart and bring to justice international terrorists, and establish a beachhead against international organized crime. However, more must be done to combat the increasing threat of international crime.
PURPOSE
The proposed International Crime Control Act (ICCA) is intended to implement key objectives in the President's International Crime Control Strategy released today. The ICCA will close gaps in current federal law, criminalize additional types of harmful activities, and promote a strengthening of both domestic and foreign criminal justice systems to respond to the new challenges posed by crime that crosses international boundaries. The initiative will substantially improve the ability of U.S. law enforcement agencies to investigate and prosecute international criminals, to seize their money and assets, to stop them from crossing our borders, and to prevent them from threatening Americans and our institutions.
Later this week, President Clinton will join the other G-8 Heads of State and Government in Birmingham, England, to discuss issues associated with increasing globalization and rapid technological and economic change. International crime will be a principal focus as the leaders seek to advance two years of successful cooperation built on the principle that transnational crime has moved beyond the capability of any single nation to combat alone. The proposed ICCA is a key to future progress in this area because its new authorities will enable U.S. law enforcement officials to cooperate more effectively with their overseas counterparts in investigating and prosecuting international crime cases.
OVERVIEW
The ICCA would provide new authorities linked to seven specific goals:
Broadens existing criminal law to authorize the investigation and
punishment of organized criminal groups who commit serious criminal
acts against Americans abroad; for the most part, current law
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 our air, land and sea border security:
Increases penalties for smugglers who endanger federal law
enforcement officials seeking to interdict their activities by
establishing 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, including creating the criminal offense of failing to
"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 U.S. statutes (including obscenity and export control
laws).
Broadens our 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: (a) when we have an extradition treaty with the nation,
but the applicable treaty is an outdated "list" treaty that does
not cover the offense for which extradition in sought; and
(b) when the United States does not have an extradition treaty
with the requesting nation.
Provides for the exclusion 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 international criminals' assets:
Expands the list of money laundering "predicate crimes" to include
certain violent crimes, international terrorism, and bribery of
public officials, thereby 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 illegal money-transmitting
businesses 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 DEA to
require additional "end-use" verification.
Provides extraterritorial jurisdiction for fraud involving credit
cards and other "access devices," which costs 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, in cases where there is no applicable mutual
legal assistance treaty provision, to transfer a person in USG
custody to a requesting country temporarily for purposes of a
criminal proceeding.
7. Streamlining the investigation and prosecution of internationa1 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.