Sec. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS
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## SEC. 405 DESCRIPTION OF PRESIDENTIAL ACTIONS **[**[22 U.S.C. 6445](/us/usc/t22/s6445)**]** ###
(a)Description of Presidential Actions Except as provided in subsection (d), the Presidential 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, official, or state visits. ####
(8)The delay or cancellation of one or more working, official, or state visits. ####
(9)The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961. ####
(10)Directing the Export-Import Bank of the United States, theOverseas Private Investment Corporation1, 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, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. 1Section 1470(o) of the BUILD Act of 2018 (division F of Public Law 115-254) provides for an amendment to strike “Overseas Private Investment Corporation” and insert “United States International Development Finance Corporation”. Section 1470(w) of such Act states “The amendments made by this section shall take effect at the end of the transition period.”. Section 1461(2) of such Act defines the term “transition period” as follows: “The term ‘transition period’ means the period—(A) beginning on the date of the enactment of this Act; and
(B)ending on the effective date of the reorganization plan required by section 1462(e).”. For details relating to the reorganization plan, see section 1462(e) of such Act. ####
(11)The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961. ####
(12)Consistent with section 701 of the International Financial Institutions Act of 1977, directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefiting the specific foreign government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. ####
(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 official found or determined by the President to be responsible for violations under section 401 or 402, under— #####
(A)the Export Administration Act of 1979; #####
(B)the Arms Export Control Act; #####
(C)the Atomic Energy Act of 1954; or #####
(D)any other statute that requires the prior review and approval of the United States Government as a condition for the export 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 government, agency, instrumentality, or official found or determined by the President to be responsible for violations under section 401 or 402. ####
(15)Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the foreign government, entities, or officials found or determined by the President to be responsible for violations under section 401 or 402. ###
(b)Commensurate Action Except as provided in subsection (d), the President 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 substituted and if the action would further the policy of the United States set forth in section 2(b) of this Act. The President shall seek to take all appropriate and feasible actions authorized by law to obtain the cessation of the violations. 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 violation 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 severe 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.
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