§6441 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must oppose foreign governments that commit or allow violations of religious freedom and must try to promote religious freedom in those countries. The President must act quickly using tools listed elsewhere in law (section 6445) or by negotiating a binding agreement with the foreign government. Actions must be based on the latest Country Reports on Human Rights Practices, the Annual Report and Executive Summary, any other available evidence, and any findings from the Commission. By September 1 each year, the President must take action for any country that violated religious freedom since the prior September 1. Stronger measures (the law’s paragraphs 9–15) can only happen after meeting the requirements in sections 6443 and 6444 and are not tied to the September 1 deadline. The President may delay those stronger measures one time for up to 90 days by notifying Congress. Actions must fit the severity of the violations, focus on the responsible agencies or officials, try to secure agreements to stop the abuses, and avoid harm to the country’s people and to humanitarian groups.

Title 22, §6441

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)(A)It shall be the policy of the United States—

(i)to oppose violations of religious freedom that are or have been engaged in or tolerated by the governments of foreign countries; and

(ii)to promote the right to freedom of religion in those countries through the actions described in subsection (b).

(B)For each foreign country the government of which engages in or tolerates violations of religious freedom, the President shall oppose such violations and promote the right to freedom of religion in that country through the actions described in subsection (b).

(2)Each action taken under paragraph (1)(B) shall be based upon information regarding violations of religious freedom, as described in the latest Country Reports on Human Rights Practices, the Annual Report and Executive Summary, and on any other evidence available, and shall take into account any findings or recommendations by the Commission with respect to the foreign country.

(b)(1)Subject to paragraphs (2) and (3), the President, in consultation with the Secretary of State, the Ambassador at Large, the Special Adviser, and the Commission, shall, as expeditiously as practicable in response to the violations described in subsection (a) by the government of a foreign country—

(A)take one or more of the actions described in paragraphs (1) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to such country; or

(B)negotiate and enter into a binding agreement with the government of such country, as described in section 6445(c) of this title.

(2)Not later than September 1 of each year, the President shall take action under any of paragraphs (1) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to each foreign country the government of which has engaged in or tolerated violations of religious freedom at any time since September 1 of the preceding year, except that in the case of action under any of paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto)—

(A)the action may only be taken after the requirements of section 6443 and 6444 of this title have been satisfied; and

(B)the September 1 limitation shall not apply.

(3)The President may delay action under paragraph (2) described in any of paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) if he determines and certifies to Congress that a single, additional period of time, not to exceed 90 days, is necessary pursuant to the same provisions applying to countries of particular concern for religious freedom under section 6442(c)(3) of this title.

(c)(1)In carrying out subsection (b), the President shall—

(A)take the action or actions that most appropriately respond to the nature and severity of the violations of religious freedom;

(B)seek to the fullest extent possible to target action as narrowly as practicable with respect to the agency or instrumentality of the foreign government, or specific officials thereof, that are responsible for such violations; and

(C)when appropriate, make every reasonable effort to conclude a binding agreement concerning the cessation of such violations in countries with which the United States has diplomatic relations.

(2)In addition to the guidelines under paragraph (1), the President, in determining whether to take a Presidential action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto), shall seek to minimize any adverse impact on—

(A)the population of the country whose government is targeted by the Presidential action or actions; and

(B)the humanitarian activities of United States and foreign nongovernmental organizations in such country.

Notes & Related Subsidiaries

Executive Documents

Delegation of Responsibilities Under the International Religious Freedom Act of 1998 Memorandum of President of the United States, Aug. 17, 1999, 64 F.R. 47345, provided: Memorandum for the Secretary of State By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the functions and authorities vested in the President by title IV, subtitle I (section 401–409) of the International Religious Freedom Act of 1998 [22 U.S.C. 6441 et seq.] (Public Law 105–292) (the “Act”). Any reference in this memorandum to any act shall be deemed to be a reference to such act as amended from time to time. The functions delegated by this memorandum may be delegated within the Department of State. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton.

§6441 Presidential Actions in Response to Violations of Religious Freedom

Summary

Title 22, §6441

Notes & Related Subsidiaries

Executive Documents

Citations & Metadata