It’s both, effectively, but the GP is quoting the correct copy of the list.

The prohibition you mention is in 22 USC 7426:

> (a) PROHIBITION OF MILITARY ASSISTANCE.—Subject to subsections (b) and (c), and effective 1 year after the date on which the Rome Statute enters into force pursuant to Article 126 of the Rome Statute, no United States military assistance may be provided to the government of a country that is a party to the International Criminal Court.

> [...]

> (d) EXEMPTION.—The prohibition of subsection (a) shall not apply to the government of—

> (1) a NATO member country;

> (2) a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand); or

> (3) Taiwan.

The threat I was talking about is in 22 USC 7427:

> (a) AUTHORITY.—The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.

> (b) PERSONS AUTHORIZED TO BE FREED.—The authority of sub-section (a) shall extend to the following persons:

> (1) Covered United States persons.

> (2) Covered allied persons.

> (3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.

> [...]

with “covered persons” defined in 22 USC 7432 by essentially the same list as above, as long as those countries do not recognize the jurisdiction of the ICC:

> [...]

> (3) COVERED ALLIED PERSONS.—The term “covered allied persons” means military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the International Criminal Court and wishes its officials and other persons working on its behalf to be exempted from the jurisdiction of the International Criminal Court.

> (4) COVERED UNITED STATES PERSONS.—The term “covered United States persons” means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court.

> [...]