Tenzin Dorjee

Chair

Kristina Arriaga

Vice Chair

Gayle Manchin

Vice Chair

Commissioners

Gary Bauer

Commissioner

Anurima Bhargava

Commissioner

Andy Khawaja

Commissioner

Nadine Maenza

Commissioner

Johnnie Moore

Commissioner

Tony Perkins

Commissioner

Erin D. Singshinsuk

Executive Director

USCIRF’s Mission

To elevate and promote 

international religious 

freedom as a norm 

and practice.

LEGISLATION FACTSHEET

INTERNATIONAL RELIGIOUS 

FREEDOM ACT (IRFA)

UNITED STATES COMMISSION on

INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714

Washington, DC 20401

202-523-3240 

May 2019

by Kirsten Lavery, International Legal Specialist and

Elizabeth K. Cassidy, Director of International Law and Policy

Overview and Purpose

Freedom of religion is both America’s first freedom and a universal human right. Yet 

many people around the world live in countries where this right is denied or restricted. 

Twenty years ago, the International Religious Freedom Act of 1998, as amended (IRFA)

was enacted to elevate religious freedom as a higher priority in U.S. foreign policy. 

IRFA provides that U.S. policy includes condemning violations of religious freedom 

and assisting other governments in the promotion of this right. IRFA created a range 

of government tools to implement this policy.

IRFA is centered on promoting religious freedom as recognized in international 

law. This means the right to believe or not believe as one’s conscience leads, and live 

out one’s beliefs openly, peacefully, and without fear. The international instruments 

mentioned in IRFA that enshrine this fundamental right include the Universal 

Declaration of Human Rights, the International Covenant on Civil and Political Rights, 

the Helsinki Accords, and the Declaration on the Elimination of All Forms of Intolerance 

and Discrimination Based on Religion or Belief.

Main Features of the Law

IRFA sought to make religious freedom a priority in U.S. foreign policy in a variety 

of ways, including by creating governmental institutions, requiring monitoring and 

reporting on religious freedom violations, and establishing consequences for the worst 

violators.

(1) Governmental institutions: IRFA created governmental entities responsible for 

monitoring religious freedom conditions abroad and promoting religious freedom in 

U.S. foreign policy, as outlined in the following table.

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

“Everyone has the right to freedom of thought, conscience, and religion; this 

right includes freedom to change his religion or belief, and freedom, either 

alone or in community with others and in public or private, to manifest his 

religion or belief in teaching, practice, worship and observance.”

— Universal Declaration of Human Rights, Article 18
2 USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019

Government Entities Created by IRFA

Government Institution Description Primary Duties Current Leadership

Ambassador-at-Large for 

International Religious 

Freedom

A political appointee 

nominated by the President 

and confirmed by the 

Senate, to head an Office 

of International Religious 

Freedom at the State 

Department

(1) Advance the right to freedom of religion 

abroad,

(2) Integrate international religious freedom 

policies and strategies into U.S. foreign policy 

efforts,

(3) Advise the President and the Secretary of 

State regarding matters affecting religious 

freedom,

(4) Represent the United States on religious 

freedom matters diplomatically, 

(5) Coordinate the United States’ international 

religious freedom policies, and

(6) Issue an annual report on religious 

freedom conditions in all foreign countries.

Amb. Samuel D. Brownback

U.S. Commission on 

International Religious 

Freedom (USCIRF)

An independent U.S. 

government advisory body

Led by nine part-time 

Commissioners appointed 

by the President and the 

leadership of both political 

parties in each house of 

Congress

The Ambassador-at-Large 

is an ex officio USCIRF 

Commissioner

(1) Review religious freedom conditions 

globally, 

(2) Evaluate U.S. policy, 

(3) Make recommendations for U.S. policy 

to the President, Secretary of State, and 

Congress, and

(4) Issue an annual report setting forth 

USCIRF’s policy recommendations. 

Chair: Dr. Tenzin Dorjee

Vice Chairs:

Kristina Arriaga, Gayle 

Manchin

Commissioners:

Gary L. Bauer, Anurima 

Bhargava, Dr. Andy Khawaja, 

Nadine Maenza, Johnnie 

Moore, and Tony Perkins

Special Adviser to the 

President on International 

Religious Freedom 

An adviser within the White 

House National Security 

Council staff

(1) Serve as a resource for executive branch 

officials,

(2) Compile and maintain information on 

the facts and circumstances of violations of 

religious freedom,

(3) Make policy recommendations, and

(4) Serve as a liaison with the Ambassadorat-Large for International Religious Freedom, 

USCIRF, Congress, and as advisable, religious 

non-governmental organizations.

Has never been appointed by 

any President

(2) Monitoring and reporting: IRFA also requires 

monitoring of and reporting on religious freedom 

conditions globally.

 State Department’s Annual Report: The State 

Department is required to prepare an annual report on 

religious freedom conditions in each foreign country 

(the IRF report). This report, which is in addition to the 

department’s annual human rights report, is required to 

be issued on or shortly after May 1 each year.

IRFA further requires the State Department to 

maintain country-by-country lists of prisoners and 

issues of concern for use by executive and legislative 

branch officials.

 USCIRF’s Annual Report: USCIRF 

is required to issue its own annual 

report setting forth its independent 

recommendations for U.S. policy. 

USCIRF’s report is issued no later 

than May 1 of each year. It focuses 

on select countries, generally those 

with the worst religious freedom 

conditions, and provides USCIRF’s assessment of the 

U.S. government’s international religious 

freedom policy. 

The 2016 Amendments to IRFA (known as the Frank Wolf 

Act) also require that USCIRF, to the extent practicable, 

make available online lists of prisoners and other victims 

of certain violations by governments or non-state actors 

USCIRF recommends be designated as the worst violators 

of religious freedom.
USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019 3

(3) Consequences for violators: IRFA creates a framework 

that requires the U.S. government to take action against 

countries and other actors that violate religious freedom. 

 Standards used to designate worst offenders: IRFA 

requires the President—who has delegated this power 

to the Secretary of State—to annually review the status 

of religious freedom in each country and designate 

the worst offenders and others of concern. These 

designations must be made no later than 90 days after 

the issuance of the IRF Report.

(A) IRFA’s CPC Standard: IRFA requires the annual 

designation of “countries of particular concern,” 

or CPCs. CPCs are defined as countries whose 

governments either engage in or tolerate “particularly 

severe violations” of religious freedom during the 

reporting year. Particularly severe violations of religious 

freedom are defined as “systematic, ongoing, egregious 

violations of the internationally recognized right to 

freedom of religion,” such as torture or degrading 

treatment or punishment. 

USCIRF’s annual reports highlight countries that it 

concludes meet the CPC standard, which USCIRF refers 

to as Tier 1 countries.

In April 2019, USCIRF placed 16 countries on its Tier 

1 list and recommended that the State Department 

designate those countries as CPCs. In its most recent 

CPC designations, in November 2018, the State 

Department designated only 10 of these countries. In 

part, this discrepancy arises because USCIRF can focus 

on religious freedom conditions alone, without needing 

to balance other bilateral issues. USCIRF also has 

been more willing to find that countries meet the CPC 

threshold based on their governments’ toleration of 

particularly severe violations of religious freedom, while 

the State Department has focused its designations on 

governments that themselves engage in such violations.

(B) IRFA’s Special Watch List Standard: The Frank Wolf 

Act created the State Department’s Special Watch List 

(SWL). The SWL applies to countries that do not meet 

all of the CPC criteria, but nonetheless have “engaged 

in or tolerated severe violations of religious freedom” 

during the reporting year. 

Neither IRFA nor the Frank Wolf Act defines the term 

severe violations. IRFA defines and provides examples 

of violations of religious freedom and particularly severe 

violations of religious freedom, which are listed in the 

following chart. 

(C) USCIRF’s Tier 2 Standard: Before the State 

Department’s Special Watch List category existed, 

USCIRF created a Tier 2 to highlight countries in 

which the violations engaged in or tolerated by the 

government during the reporting year were serious 

and characterized by at least one of the elements of the 

“systematic, ongoing, and egregious” CPC standard. 

While these countries do not rise to the statutory level 

that would require a CPC designation, they require 

close monitoring due to the nature and extent of the 

violations of religious freedom.

(D) IRFA’s Entity of Particular Concern Standard:

Pursuant to USCIRF’s recommendation and in 

recognition that some of the most egregious religious 

freedom violators are non-state actors, the Frank 

Wolf Act created a new presidential designation for 

“entities of particular concern” or EPCs for non-state 

actors that engaged in particularly severe violations of 

religious freedom. A non-state actor is defined as a nonsovereign entity that (a) exercises significant political 

power and territorial control; (b) is outside the control 

of a sovereign government; and (C) often employs 

violence in pursuit of its objectives. The President has 

delegated the power to make EPC designations to the 

Secretary of State.

Government tolerance of particularly severe violations: USCIRF has recommended that Nigeria 

be designated a CPC every year since 2009, based on USCIRF’s conclusion that the Nigerian 

government tolerates violence and discrimination on the basis of religion or belief. As sectarian 

violence between predominantly Muslim herders and Christian farmers increased, the Nigerian 

government has failed to implement effective strategies to prevent or stop such violence or to hold 

perpetrators accountable. Despite this recommendation, the State Department has not to date 

designated Nigeria as a CPC.
4 USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019

Severity of Violations Defined in IRFA

Level of 

Severity: IRFA Definition Examples in IRFA

Designation if country 

engages in or tolerates

Violations “Violations of the 

internationally recognized 

right to freedom of religion 

and religious belief and 

practice, as set forth in 

international instruments” 

(IRFA §6402(16))

“(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, beating, torture, 

mutilation, rape, enslavement, murder, and execution.”

None

Severe 

Violations

Not defined None provided Special Watch List (SWL)

Particularly 

Severe 

Violations 

“Systematic, ongoing, 

egregious violations of the 

internationally recognized 

right to freedom of religion” 

(IRFA §6402(13))

“(A) torture or cruel, inhuman, or degrading treatment or 

punishment;

(B) prolonged detention without charges;

(C) causing the disappearance of persons by the abduction or 

clandestine detention of those

persons; or

(D) other flagrant denial of the right to life, liberty, or the 

security of persons.”

Countries of Particular 

Concern (CPC)

In its annual report, USCIRF also recommends 

non-state actors to be designated as EPCs. The State 

Department has designated more EPCs than USCIRF 

has recommended, based on the Department’s broader 

interpretation of the requirement of exercising control 

over territory.

2018 EPC Designations: In November

2018, the Secretary of State designated the 

following entities as EPCs: (1) ISIS, (2) the 

Taliban, (3) al-Shabaab, (4) the Houthis, (5) 

al-Nusra Front, (6) al-Qa’ida in the Arabian 

Peninsula, (7) al-Qa’ida, (8) Boko Haram, and 

(9) ISIS-Khorasan.

In April 2019, USCIRF recommended that 

the State Department designate the first four 

entites listed above, along with Hay’at Tahrir 

al-Sham (HTS).

 Responses to Violations: Along with naming of 

violators, IRFA requires that the President—who 

has again delegated this power to the Secretary 

of State—take targeted responses to violations of 

religious freedom. 

For each foreign country that engages in or tolerates any 

level of violations of religious freedom, the Secretary of 

State must oppose such violations and promote freedom 

of religion or belief in that country. IRFA includes a 

menu of options for countries designated as CPCs, 

and a list of actions for countries that violate religious 

freedom but are not designated as CPCs. 

The specific policy options available for CPC countries 

include negotiating a bilateral agreement concerning the 

cessation of violations, imposing sanctions of varying 

severity, taking commensurate action, or issuing a 

waiver. As a commensurate action, the Secretary of State 

may determine that pre-existing sanctions are adequate, 

referred to as “double hatted” sanctions.
USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019 5

2018 CPC Actions: In 2018, the State Department designated 10 countries as CPCs. For Pakistan, 

which was the only new designee, a waiver was put in place “in the important national interest of the 

United States.” For the remaining nine CPC designees, the same presidential actions that had been 

imposed in 2017 were continued. Six are subject to pre-existing (“double hatted”) sanctions and 

three have waivers. 

While the statute permits such waivers and double hatted sanctions, the Frank Wolf Act, consistent 

with USCIRF’s longstanding recommendation to limit waivers, notes that ongoing and persistent 

waivers of presidential actions do not fulfill the purpose of the law. USCIRF has expressed similar 

concern that using pre-existing sanctions or indefinite waivers provides little incentive for CPCdesignated governments to reduce or halt egregious religious freedom violations.

Choosing Presidential Actions for CPCs (IRFA §6442)

USCIRF

Ambassador 

at Large

Secretary

of State

Special Adviser 

to the NSC*

*has never been appointed

Authority for 

Presidential Action

Presidential Action Punitive options outlined in IRFA 

§6445(a)(9) – (15)

Commensurate Action Any other action authorized by law if 

the action would further U.S. policy on 

religious freedom §6445(b)

Binding Agreement “When appropriate, make every 

reasonable effort to conclude a 

binding agreement concerning 

the cessation of such violations in 

countries with which the United States 

has diplomatic relations.” §6441(c)

(1)(C)

Waiver The president may waive any 

presidential action if it furthers U.S. 

policy on religious freedom or if it is in 

the important national interest of the 

United States §6447

IRFA also provides a range of options for diplomatic action toward violator countries that are not CPCs, including 

those placed on the SWL. These actions include a private demarche, a public condemnation, the delay or cancellation of 

scientific or cultural exchanges, and the denial or delay of official state visits. While there is wide discretion in choosing 

the appropriate response to religious freedom violations, actions taken under IRFA cannot prohibit or restrict medicine, 

food, or humanitarian assistance.

Regarding EPC designations, the Frank Wolf Act requires the President to take action “when practicable” to address 

severe violations of religious freedom committed by EPCs.
6 USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019

Options for Presidential Actions (IRFA §6445)

Actions available in response to 

any religious freedom violations

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

Actions available following 

a CPC designation

9 The withdrawal, limitation, or suspension of United States 

development assistance

10 Denials of credit loans under OPIC or the Export-Import 

Bank

11 The withdrawal, limitation, or suspension of United States 

security assistance

12 Directing the U.S. 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

13 Denials of exports under certain instruments such as the 

Arms Export Control Act

14 Prohibiting U.S. financial institutions from making loans or 

credit to the government, entities, or officials responsible 

for violations under IRFA

15 Prohibiting the U.S. government from procuring goods 

or services from the government, entities, or officials 

responsible for violations

U.S. Government Standards to Categorize Religious Freedom Violators CountriesThe Worst Violators

Countries of Particular Concern (CPC)

State: CPC Designation

The Secretary of State (with delegated authority from President) designates CPCs annually.

USCIRF: Tier 1 List

USCIRF recommends countries for CPC status.

Other Countries 

of Concern

Special Watch List (SWL) Tier 2 List

The Secretary of State (with delegated authority from 

President) designates countries to the SWL annually.

USCIRF has its own Tier 2 countries, which the 

State Department may consider for placement 

on the SWL or for designation as a CPC if the 

State Department finds the conditions to meet 

the specific standard.

Entities

Entities of Particular Concern (EPC)

State: EPC Designation

The Secretary of State (with delegated authority from President) designates EPCs annually.

USCIRF: EPC List

USCIRF recommends countries for EPC status.

 Consequences for individual violators: IRFA also seeks to ensure that there are consequences for individual violators 

of religious freedom. 

(A) IRFA Visa Ban: IRFA makes inadmissible to the 

United States foreign government officials who are 

responsible for or directly carried out particularly severe 

religious freedom violations. 

(B) Other Targeted Sanctions: In addition to IRFA’s 

provisions, two new accountability tools—the 2016 

Global Magnitsky Human Rights Accountability Act

and a related 2017 executive order, E.O. 13818— allow 

the President, who has delegated authority to the 

Secretaries of State and Treasury, to deny U.S. visas to 

or block the U.S.-based assets of foreigners involved in 

corruption or human rights abuses, including violations 

of religious freedom.
USCIRF Legislation Factsheet: INTERNATIONAL RELIGIOUS FREEDOM ACT (IRFA): May 2019 7

(C) Designated Persons List: The Frank Wolf Act now 

requires the State Department to establish, maintain, 

and submit to Congress every 180 days “designated 

persons lists” of foreign individuals denied visas or 

subject to financial sanctions or other measures for 

particularly severe violations of religious freedom.

(4) Programs and training: IRFA contains several 

additional provisions to ensure that religious freedom is a 

central element of U.S. foreign policy. IRFA requires that 

religious freedom be an element of U.S. foreign assistance, 

cultural exchange, and international broadcasting 

programs. It also provides that certain government 

employees, including State Department foreign service 

officers and U.S. immigration officials, receive training on 

religious freedom and religious persecution. Consistent 

with USCIRF’s recommendation, the Frank Wolf Act 

made this training mandatory.

1 On December 11, 2018, the State Department issued its list of countries designated as CPCs and Special Watch List on November 28. USCIRF released its 2019 Annual 

Report on April 29, 2019, which places countries on its Tier 1 and 2 Lists based on religious freedom conditions in 2018.

(5) Refugee and asylum issues: In recognition that religious 

freedom violations can drive displacement, IRFA includes 

further provisions on U.S. refugee and asylum policy. In 

addition to requiring trainings on religious persecution 

for immigration officials, IRFA mandates the president 

to consider information about religious persecution as 

part of his annual determination of refugee admissions, 

and that immigration officials use the IRF Report as a 

resource in adjudicating refugee and asylum claims. IRFA 

also sought assessments of whether immigration officials 

were implementing Expedited Removal—a summary 

removal procedure that was new when IRFA was 

enacted—in a manner consistent with the United States’ 

obligations to protect individuals fleeing persecution, 

including by authorizing USCIRF to examine the issue. 

USCIRF issued reports on this topic in 2005, 2007, 2013, 

and 2016, documenting major problems that successive 

administrations have not addressed.

2018 Department of State (DoS) and 2019 USCIRF Country Categories1

Country

DoS 

CPC

USCIRF 

Tier 1

DoS 

SWL

USCIRF 

Tier 2

Afghanistan •

Azerbaijan •

Bahrain •

Burma • •

Central African Republic •

China • •

Comoros •

Cuba •

Egypt •

Eritrea • •

India •

Iran • •

Indonesia •

Iraq •

Kazakhstan •

Country

DoS 

CPC

USCIRF 

Tier 1

DoS 

SWL

USCIRF 

Tier 2

Laos •

Malaysia •

Nigeria •

North Korea • •

Pakistan • •

Russia • •

Saudi Arabia • •

Sudan • •

Syria •

Tajikistan • •

Turkmenistan • •

Turkey •

Uzbekistan • •

Vietnam •

TOTAL 10 16 3 12
UNITED STATES COMMISSION on INTERNATIONAL RELIGIOUS FREEDOM

732 N. Capitol Street, NW, Suite #A714,

Washington, DC 20401

202-523-3240

www.USCIRF.gov

@USCIRF

Media@USCIRF.gov

Professional Staff

Ferdaouis Bagga

Policy Analyst

Keely Bakken

Researcher

Dwight Bashir

Director of Research and Policy

Elizabeth K. Cassidy

Director of International Law and Policy

Lindsey Eilon

Senior Congressional Relations Specialist

Patrick Greenwalt

Researcher

Alex Iverson

Researcher

Thomas Kraemer

Director of Operations and Finance

Kirsten Lavery

International Legal Specialist

Jason Morton

Policy Analyst

Tina L. Mufford

Deputy Director of Research and Policy

Dominic Nardi

Policy Analyst

Javier Pena

Communications and 

Congressional Affairs Specialist

Jamie Staley

Senior Congressional Relations Specialist

Zachary Udin

Research Assistant

Zaronda Watson

Travel and Administrative Specialist

Scott Weiner

Policy Analyst

Kurt Werthmuller

Policy Analyst

Henry Young

Management and Program Analyst