22 USC 6442 - Presidential actions in response to particularly severe violations of religious freedom

U.S Code last checked for updates: Apr 29, 2024

§ 6442.

Presidential actions in response to particularly severe violations of religious freedom

(a)

Response to particularly severe violations of religious freedom

(1)

United States policy

It shall be the policy of the United States—

(A)

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

(B)

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

(2)

Requirement of Presidential action

(b)

Designations of countries of particular concern for religious freedom

(1)

Annual review

(A)

In general

Not later than 90 days after the date on which each Annual Report is submitted under section 6412(b) of this title, the President shall—

(i)

review the status of religious freedom in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of religious freedom in each such country during the preceding 12 months or longer;

(ii)

designate each country the government of which has engaged in or tolerated violations described in clause (i) as a country of particular concern for religious freedom; and

(iii)

designate each country that engaged in or tolerated severe violations of religious freedom during the previous year, but does not meet, in the opinion of the President at the time of publication of the Annual Report, all of the criteria described in section 6402(15) of this title for designation under clause (ii) as being placed on a “Special Watch List”.

(B)

Basis of review

(C)

Implementation

(2)

Determinations of responsible parties

(3)

Congressional notification

(A)

In general

Whenever the President designates a country as a country of particular concern for religious freedom under paragraph (1)(A)(ii), the President, not later than 90 days after such designation, shall submit to the appropriate congressional committees—

(i)

the designation of the country, signed by the President;

(ii)

the identification, if any, of responsible parties determined under paragraph (2); and

(iii)

a description of the actions taken under subsection (c), the purposes of the actions taken, and the effectiveness of the actions taken.

(B)

Removal of designation

(4)

Effect on designation as country of particular concern

(c)

Presidential actions with respect to countries of particular concern for religious freedom

(1)

In general

Subject to paragraphs (2), (3), (4), and (5) with respect to each country of particular concern for religious freedom designated under subsection (b)(1)(A), the President shall, after the requirements of sections 6443 and 6444 of this title have been satisfied, but not later than 90 days (or 180 days in case of a delay under paragraph (3)) after the date of designation of the country under that subsection, carry out one or more of the following actions under subparagraph (A) or subparagraph (B):

(A)

Presidential actions

(B)

Commensurate actions

(2)

Substitution of binding agreements

(A)

In general

(B)

Statutory construction

(3)

Authority for delay of Presidential actions

If, on or before the date that the President is required (but for this paragraph) to take action under paragraph (1), the President determines and certifies to Congress that a single, additional period of time not to exceed 90 days is necessary—

(A)

for a continuation of negotiations that have been commenced with the government of that country to bring about a cessation of the violations by the foreign country;

(B)

for a continuation of multilateral negotiations into which the United States has entered to bring about a cessation of the violations by the foreign country;

(C)

(i)

for a review of corrective action taken by the foreign country after designation of such country as a country of particular concern; or

(ii)

in anticipation that corrective action will be taken by the foreign country during the 90-day period,

then the President shall not be required to take action until the expiration of that period of time.

(4)

Exception for ongoing Presidential action under this chapter

The President shall not be required to take action pursuant to this subsection in the case of a country of particular concern for religious freedom, if with respect to such country—

(A)

the President has taken action pursuant to this chapter in a preceding year;

(B)

such action is in effect at the time the country is designated as a country of particular concern for religious freedom under this section; and

(C)

the President reports to Congress the information described in section 6444(a)(1), (2), (3), and (4) of this title regarding the actions in effect with respect to the country.

(5)

Exception for ongoing, multiple, broad-based sanctions in response to human rights violations

(d)

Statutory construction

(Pub. L. 105–292, title IV, § 402, Oct. 27, 1998, 112 Stat. 2802; Pub. L. 106–55, § 2(a), Aug. 17, 1999, 113 Stat. 405; Pub. L. 114–281, title III, § 302, Dec. 16, 2016, 130 Stat. 1434.)

cite as: 22 USC 6442