22 U.S.C. § 9113
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Not later than 180 days after August 8, 2014, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country.
In carrying out paragraph (1), the Secretary of State shall give priority to countries with significant abduction cases and related issues.
The bilateral procedures described in subsection (a) should include provisions relating to-
22 U.S.C. § 9113
- Central Authority
- The term "Central Authority" means-(A) in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention;(B) in the case of a bilateral procedures country, the official entity designated by the government of the bilateral procedures country within the applicable memorandum of understanding pursuant to section 9113(b)(1) of this title to discharge the duties imposed on the entity; and(C) in the case of a non-Convention country, the foreign ministry or other appropriate authority of such country.
- Hague Abduction Convention
- The term "Hague Abduction Convention" means the Convention on the Civil Aspects of International Child Abduction, done at The Hague October 25, 1980.
- abducted child
- The term "abducted child" means a child who is the victim of international child abduction.
- abduction case
- The term "abduction case" means a case that-(A) has been reported to the Central Authority of the United States by a left-behind parent for the resolution of an abduction; and(B) meets the criteria for an international child abduction under the Hague Abduction Convention, regardless of whether the country at issue is a Convention country.
- abduction
- The term "abduction" means the alleged wrongful removal of a child from the child's country of habitual residence, or the wrongful retention of a child outside such country, in violation of a left-behind parent's custodial rights, including the rights of a military parent.
- application
- The term "application" means-(A) in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention;(B) in the case of a bilateral procedures country, the formal document required, pursuant to the provisions of the applicable arrangement, to request the return of an abducted child or to request rights of access, as applicable; and(C) in the case of a non-Convention country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of contact with an abducted child.
- bilateral procedures
- The term "bilateral procedures" means any procedures established by, or pursuant to, a bilateral arrangement, including a Memorandum of Understanding between the United States and another country, to resolve abduction and access cases, including procedures to address interim contact matters.
- child
- The term "child" means an individual who has not attained 16 years of age.
- left-behind parent
- The term "left-behind parent" means an individual or legal custodian who alleges that an abduction has occurred that is in breach of rights of custody attributed to such individual.
- rights of interim contact
- The term "rights of interim contact" means the rights of contact between a child and a left-behind parent, which has been provided as a provisional measure while an abduction case is pending, under the laws of the country in which the child is located-(A) by operation of law; or(B) through a judicial or administrative determination; or(C) through a legally enforceable arrangement between the parties.