22 U.S.C. § 6443

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 6443 - Consultations
(a) In general

As soon as practicable after the President decides to take action under section 6441 of this title in response to violations of religious freedom 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 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 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 government of such country regarding the violations giving rise to designation of that country as a country of particular concern for religious freedom or to Presidential action under section 6441 of this title; and
(B) if agreed to, enter into such consultations, privately or publicly.
(2) Use of multilateral fora

If the President determines it to be appropriate, such consultations may be sought and may occur in a multilateral forum, but, in any event, the President shall consult with appropriate 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 agreement is concluded with a foreign government regarding steps to cease the pattern of violations by that government, and if public disclosure of such negotiations or agreement would jeopardize the negotiations or the implementation 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 organizations

The President should consult with appropriate humanitarian and religious organizations concerning the potential impact of United States policies to promote freedom of religion in countries 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.

22 U.S.C. § 6443

Pub. L. 105-292, title IV, §403, Oct. 27, 1998, 112 Stat. 2804.
appropriate congressional committees
The term "appropriate congressional committees" means-(A) the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives; and(B) in the case of any determination made with respect to the taking of President1 action under paragraphs (9) through (15) of section 6445(a) of this title, the term includes the committees described in subparagraph (A) and, where appropriate, the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
commensurate action
The term "commensurate action" means action taken by the President under section 6445(b) of this title.
violations of religious freedom
The term "violations of religious freedom" means violations of the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in section 6401(a)(2) of this title and as described in section 6401(a)(3) of this title, including violations such as-(A) arbitrary prohibitions on, restrictions of, or punishment for-(i) assembling for peaceful religious activities such as worship, preaching, and prayer, including arbitrary registration requirements;(ii) speaking freely about one's religious beliefs;(iii) changing one's religious beliefs and affiliation;(iv) not professing a particular religion, or any religion;(v) possession and distribution of religious literature, including Bibles; or(vi) raising one's children in the religious teachings and practices of one's choice; or(B) any of the following acts if committed on account of an individual's conscience, non-theistic views, or religious belief or practice: detention, interrogation, imposition of an onerous financial penalty, forced labor, forced mass resettlement, imprisonment, forced religious conversion, forcibly compelling non-believers or non-theists to recant their beliefs or to convert, beating, torture, mutilation, rape, enslavement, murder, and execution.1So in original. Probably should be "Presidential".2See References in Text note below.