22 U.S.C. § 6445 — Description of Presidential actions

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. Page 1820 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6446 (10) Directing the Export-Import Bank of the United States, the United States International Development Finance Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to the specific government, agency, in- strumentality, or official found or determined by the President to be responsible for viola- tions under section 6441 or 6442 of this title. (11) The withdrawal, limitation, or suspen- sion of United States security assistance in accordance with section 2304 of this title. (12) Consistent with section 262d of this title, directing the United States executive direc- tors of international financial institutions to oppose and vote against loans primarily bene- fiting the specific foreign government, agency, instrumentality, or official found or deter- mined by the President to be responsible for violations under section 6441 or 6442 of this title. (13) Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to the specific foreign government, agency, instrumentality, or offi- cial found or determined by the President to be responsible for violations under section 6441 or 6442 of this title, under— (A) the Export Administration Act of 1979; (B) the Arms Export Control Act [22 U.S.C. 2751 et seq.]; (C) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the ex- port or reexport of goods or services. (14) Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to the specific foreign govern- ment, agency, instrumentality, or official found or determined by the President to be re- sponsible for violations under section 6441 or 6442 of this title. (15) Prohibiting the United States Govern- ment from procuring, or entering into any contract for the procurement of, any goods or services from the foreign government, enti- ties, or officials found or determined by the President to be responsible for violations under section 6441 or 6442 of this title. (b) Commensurate action Except as provided in subsection (d), the Presi- dent may substitute any other action authorized by law for any action described in paragraphs (1) through (15) of subsection (a) if such action is commensurate in effect to the action sub- stituted and if the action would further the pol- icy of the United States set forth in section 6401(b) of this title. The President shall seek to take all appropriate and feasible actions author- ized by law to obtain the cessation of the viola- tions. If commensurate action is taken, the President shall report such action, together with an explanation for taking such action, to the appropriate congressional committees. (c) Binding agreements The President may negotiate and enter into a binding agreement with a foreign government that obligates such government to cease, or take substantial steps to address and phase out, the act, policy, or practice constituting the vio- lation of religious freedom. The entry into force of a binding agreement for the cessation of the violations shall be a primary objective for the President in responding to a foreign government that has engaged in or tolerated particularly se- vere violations of religious freedom. (d) Exceptions Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other humanitarian assistance. (Pub. L. 105–292, title IV, § 405, Oct. 27, 1998, 112 Stat. 2806; Pub. L. 115–254, div. F, title VI, § 1470(o), Oct. 5, 2018, 132 Stat. 3518.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in subsec. (a)(13)(A), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The Arms Export Control Act, referred to in subsec. (a)(13)(B), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2751 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (a)(13)(C), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. AMENDMENTS 2018—Subsec. (a)(10). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corporation’’ for ‘‘Overseas Private Investment Cor- poration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress. § 6446. Effects on existing contracts The President shall not be required to apply or maintain any Presidential action under this part— (1) in the case of procurement of defense ar- ticles or defense services— (A) under existing contracts or sub- contracts, including the exercise of options for production quantities, to satisfy require- ments essential to the national security of the United States;