Title 22 — Foreign Relations and IntercourseRelease 119-73

§9113 Bilateral procedures, including memoranda of understanding

Title 22 › Chapter CHAPTER 98— - INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN › Subchapter SUBCHAPTER I— - DEPARTMENT OF STATE ACTIONS › § 9113

Last updated Apr 6, 2026|Official source

Summary

The Secretary of State must start, within 180 days after August 8, 2014, a process to create and sign bilateral procedures or memoranda of understanding with countries that are unlikely to join the Hague Convention or with Convention countries that have unresolved child abduction cases from before the Convention took effect. Countries with many serious abduction cases get first priority. Those procedures must identify the Central Authority, the court or agency that will hear abduction and access cases, and law enforcement. They must set rules to enforce return orders—find the child, protect the child, and arrange the child’s return. They must include a protocol to return an abducted child within 6 weeks after the case is filed in the country where the child is, a protocol for interim contact rights while cases are pending, and a protocol for regular U.S. embassy or consular visits to check the child’s location and welfare.

Full Legal Text

Title 22, §9113

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)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.

(2)In carrying out paragraph (1), the Secretary of State shall give priority to countries with significant abduction cases and related issues.

(b)The bilateral procedures described in subsection (a) should include provisions relating to—

(1)the identification of—

(A)the Central Authority;

(B)the judicial or administrative authority that will promptly adjudicate abduction and access cases;

(C)the law enforcement agencies; and

(D)the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph (B) to return an abducted child to a left-behind parent, including by—

(i)conducting an investigation to ascertain the location of the abducted child;

(ii)providing protection to the abducted child after such child is located; and

(iii)retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence;

(2)the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located;

(3)the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases; and

(4)the implementation of a protocol to establish periodic visits between a United States embassy or consular official and an abducted child, in order to allow the official to ascertain the child’s location and welfare.

Reference

Citations & Metadata

Citation

22 U.S.C. § 9113

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73