22 U.S.C. § 6443 — Consultations

Page 1818 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6443 tion is made, shall submit a report to the appro- priate congressional committees that describes the reasons for such designation. (c) Actions The President should take specific actions, when practicable, to address severe violations of religious freedom of non-state actors that are designated under subsection (a)(2). (d) Department of State annual report The Secretary of State should include infor- mation detailing the reasons the President des- ignated a non-state actor as an entity of par- ticular concern for religious freedom under sub- section (a) in the Annual Report required under section 102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)). (e) Sense of Congress It is the sense of Congress that— (1) the Secretary of State should work with Congress and the U.S. Commission on Inter- national Religious Freedom— (A) to create new political, financial, and diplomatic tools to address severe violations of religious freedom by non-state actors; and (B) to update the actions the President can take under section 405 of the International Religious Freedom Act of 1998 (22 U.S.C. 6445); (2) governments must ultimately be held ac- countable for the abuses that occur in their territories; and (3) any actions the President takes after des- ignating a non-state actor as an entity of par- ticular concern should also involve high-level diplomacy with the government of the country in which the non-state actor is operating. (f) Determinations of responsible parties In order to appropriately target Presidential actions under the International Religious Free- dom Act of 1998 (22 U.S.C. 6401 et seq.), the Presi- dent, with respect to each non-state actor des- ignated as an entity of particular concern for re- ligious freedom under subsection (a), shall seek to determine, to the extent practicable, the spe- cific officials or members that are responsible for the particularly severe violations of reli- gious freedom engaged in or tolerated by such non-state actor. (g) Definitions In this section, the terms ‘‘appropriate con- gressional committees’’, ‘‘non-state actor’’, and ‘‘particularly severe violations of religious free- dom’’ have the meanings given such terms in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), as amended by sec- tion 3 of this Act. (Pub. L. 114–281, title III, § 301, Dec. 16, 2016, 130 Stat. 1433.) Editorial Notes REFERENCES IN TEXT The International Religious Freedom Act of 1998, re- ferred to in subsecs. (a)(2) and (f), is Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables. Section 3 of this Act, referred to in subsec. (g), means section 3 of Pub. L. 114–281, which amended section 6402 of this title. CODIFICATION Section was enacted as part of the Frank R. Wolf International Religious Freedom Act, and not as part of the International Religious Freedom Act of 1998 which comprises this chapter. Executive Documents DELEGATION OF RESPONSIBILITIES UNDER THE FRANK R. WOLF INTERNATIONAL RELIGIOUS FREEDOM ACT OF 2016 Memorandum of President of the United States, Jan. 9, 2018, 83 F.R. 3935, 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 section 301 of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281) (the ‘‘Act’’) [22 U.S.C. 6442a]. This memorandum’s reference to the Act shall be deemed to be a reference to the Act as amended from time to time. You are authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. § 6443. Consultations (a) In general As soon as practicable after the President de- cides to take action under section 6441 of this title in response to violations of religious free- dom and the President decides to take action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to that coun- try, or not later than 90 days after the President designates a country as a country of particular concern for religious freedom under section 6442 of this title, as the case may be, the President shall carry out the consultations required in this section. (b) Duty to consult with foreign governments prior to taking Presidential actions (1) In general The President shall— (A) request consultation with the govern- ment of such country regarding the viola- tions giving rise to designation of that coun- try as a country of particular concern for re- ligious freedom or to Presidential action under section 6441 of this title; and (B) if agreed to, enter into such consulta- tions, privately or publicly. (2) Use of multilateral fora If the President determines it to be appro- priate, such consultations may be sought and may occur in a multilateral forum, but, in any event, the President shall consult with appro- priate foreign governments for the purposes of achieving a coordinated international policy on actions that may be taken with respect to a country described in subsection (a), prior to implementing any such action. (3) Election of nondisclosure of negotiations to public If negotiations are undertaken or an agree- ment is concluded with a foreign government Page 1819 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6445 regarding steps to cease the pattern of viola- tions by that government, and if public disclo- sure of such negotiations or agreement would jeopardize the negotiations or the implemen- tation of such agreement, as the case may be, the President may refrain from disclosing such negotiations and such agreement to the public, except that the President shall inform the appropriate congressional committees of the nature and extent of such negotiations and any agreement reached. (c) Duty to consult with humanitarian organiza- tions The President should consult with appropriate humanitarian and religious organizations con- cerning the potential impact of United States policies to promote freedom of religion in coun- tries described in subsection (a). (d) Duty to consult with United States interested parties The President shall, as appropriate, consult with United States interested parties as to the potential impact of intended Presidential action or actions in countries described in subsection (a) on economic or other interests of the United States. (Pub. L. 105–292, title IV, § 403, Oct. 27, 1998, 112 Stat. 2804.) § 6444. Report to Congress (a) In general Subject to subsection (b), not later than 90 days after the President decides to take action under section 6441 of this title in response to violations of religious freedom and the Presi- dent decides to take action under paragraphs (9) through (15) of section 6445(a) of this title (or commensurate action in substitution thereto) with respect to that country, or not later than 90 days after the President designates a country as a country of particular concern for religious freedom under section 6442 of this title, as the case may be, the President shall submit a report to Congress containing the following: (1) Identification of Presidential actions An identification of the Presidential action or actions described in paragraphs (9) through (15) of section 6445(a) of this title (or commen- surate action in substitution thereto) to be taken with respect to the foreign country. (2) Description of violations A description of the violations giving rise to the Presidential action or actions to be taken. (3) Purpose of Presidential actions A description of the purpose of the Presi- dential action or actions. (4) Evaluation (A) Description An evaluation, in consultation with the Secretary of State, the Ambassador at Large, the Commission, the Special Adviser, the parties described in section 6443(c) and (d) of this title, and whoever else the Presi- dent deems appropriate, of— (i) the impact upon the foreign govern- ment; (ii) the impact upon the population of the country; (iii) the impact upon the United States economy and other interested parties; and (iv) the impact on the advancement of United States interests in democracy, human rights, and security, and a descrip- tion of policy tools being applied in the country, including programs that target democratic stability, economic growth, and counterterrorism. (B) Authority to withhold disclosure The President may withhold part or all of such evaluation from the public but shall provide the entire evaluation to Congress. (5) Statement of policy options A statement that noneconomic policy op- tions designed to bring about cessation of the particularly severe violations of religious free- dom have reasonably been exhausted, includ- ing the consultations required in section 6443 of this title. (6) Description of multilateral negotiations A description of multilateral negotiations sought or carried out, if appropriate and appli- cable. (b) Delay in transmittal of report If, on or before the date that the President is required (but for this subsection) to submit a re- port under subsection (a) to Congress, the Presi- dent determines and certifies to Congress that a single, additional period of time not to exceed 90 days is necessary pursuant to section 6441(b)(3) or 6442(c)(3) of this title, then the President shall not be required to submit the report to Congress until the expiration of that period of time. (Pub. L. 105–292, title IV, § 404, Oct. 27, 1998, 112 Stat. 2805; Pub. L. 114–281, title III, § 303, Dec. 16, 2016, 130 Stat. 1435.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(4)(A)(iv). Pub. L. 114–281 added cl. (iv). § 6445. Description of Presidential actions (a) Description of Presidential actions Except as provided in subsection (d), the Presi- dential actions referred to in this subsection are the following: (1) A private demarche. (2) An official public demarche. (3) A public condemnation. (4) A public condemnation within one or more multilateral fora. (5) The delay or cancellation of one or more scientific exchanges. (6) The delay or cancellation of one or more cultural exchanges. (7) The denial of one or more working, offi- cial, or state visits. (8) The delay or cancellation of one or more working, official, or state visits. (9) The withdrawal, limitation, or suspen- sion of United States development assistance in accordance with section 2151n of this title.