practices, and increasing the persecution of monks
and nuns.
(7) The United States Government is commit-
ted to the right to freedom of religion and its poli-
cies and relations with foreign governments should
be consistent with the commitment to this principle.
(8) The 104th Congress recognized the facts set
forth in this section and stated clearly the sense of
the Senate and the House of Representatives regard-
ing these matters in approving—
(A) House Resolution 515, expressing the
sense of the House of Representatives with re-
spect to the persecution of Christians world-
wide;
(B) S. Con. Res. 71, expressing the sense
of the Senate with respect to the persecution of
Christians worldwide;
(C) H. Con. Res. 102, concerning the
emancipation of the Iranian Baha’i community;
and
(D) section 1303 of H.R. 1561, the For-
eign Relations Authorization Act, Fiscal Years
1996 and 1997.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Religious Persecution
Monitoring established under section 5.
(2) PERSECUTED COMMUNITY.—The term ‘‘per-
secuted community’’ means any religious group or
community identified in section 4.
(3) PERSECUTION
FACILITATING
PRODUCTS,
GOODS, AND SERVICES.—The term ‘‘persecution fa-
cilitating products, goods, and services’’ means those
products, goods, and services which are being used
or determined to be intended for use directly and in
significant measure to facilitate the carrying out of
acts of religious persecution.
(4) RELIGIOUS PERSECUTION.—
(A) IN
GENERAL.—The term ‘‘religious
persecution’’ means widespread and ongoing
persecution of persons because of their member-
ship in or affiliation with a religion or religious
denomination, whether officially recognized or
otherwise, when such persecution includes ab-
duction, enslavement, killing, imprisonment,
forced mass resettlement, rape, or crucifixion or
other forms of torture.
(B) CATEGORY
RELIGIOUS
PERSECU-
TION.—Category 1 religious persecution is reli-
gious persecution that is conducted with the in-
volvement or support of government officials or
its agents, or as part of official government pol-
icy.
(C) CATEGORY
RELIGIOUS
PERSECU-
TION.—Category 2 religious persecution is reli-
gious persecution that is not conducted with the
involvement or support of government officials
or its agents, or as part of official government
policy, but which the government fails to under-
take serious and sustained efforts to eliminate.
(5) RESPONSIBLE
ENTITIES.—The term ‘‘re-
sponsible entities’’ means the specific government
departments, agencies, or units which directly carry
out acts of religious persecution.
(6) SANCTIONED COUNTRY.—The term ‘‘sanc-
tioned country’’ means a country on which sanctions
have been imposed under section 7.
(7) UNITED
STATES
ASSISTANCE.—The term
‘‘United States assistance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
(i) assistance under chapter 8 of part
I of that Act;
(ii) any other narcotics-related assist-
ance under part I of that Act, (including
chapter 4 of part II of that Act), but any
such assistance provided under this clause
shall be subject to the prior notification
procedures applicable to reprogrammings
pursuant to section 634A of that Act;
(iii) disaster relief assistance, includ-
ing any assistance under chapter 9 of part
I of that Act;
(iv) assistance which involves the pro-
vision of food (including monetization of
food) or medicine; and
(v) assistance for refugees;
(B) sales, or financing on any terms, under
the Arms Export Control Act;
(C) the provision of agricultural commod-
ities, other than food, under the Agricultural
Trade Development and Assistance Act of
1954; and
(D) financing under the Export-Import
Bank Act of 1945.
(8) UNITED STATES PERSON.—Except as pro-
vided in section 12(b)(1), the term ‘‘United States
person’’ means—
(A) any United States citizen or alien law-
fully admitted for permanent residence into the
United States; and
(B) any corporation, partnership, or other
entity organized under the laws of the United
States or of any State, the District of Colum-
bia, or any territory or possession of the United
States.
SEC. 4. APPLICATION AND SCOPE.
(a) SCOPE.—The provisions of this Act shall apply
to all persecuted religious groups and communities, and
all countries and regions thereof, referred to in the resolu-
tions and bill set forth in paragraph (8) of section 2 or
referred to in paragraphs (3) through (6) of section 2,
and to any community within any country or region there-
of that the Director finds, by a preponderance of the evi-
dence, is the target of religious persecution.
(b) DESIGNATION OF ADDITIONAL COUNTRIES AND
REGIONS THEREOF.—The Congress may designate addi-
tional countries or regions to which this Act applies by
enacting legislation specifically citing the authority of this
section.
SEC. 5. OFFICE OF RELIGIOUS PERSECUTION MONITORING.
(a) ESTABLISHMENT.—There is established in the
Executive Office of the President the Office of Religious
Persecution Monitoring (hereafter in this Act referred to
as the ‘‘Office’’).
(b) APPOINTMENT.—The head of the Office shall be
a Director who shall be appointed by the President, by
and with the advice and consent of the Senate. The Direc-
tor shall receive compensation at the rate of pay in effect
for level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(c) REMOVAL.—The Director shall serve at the pleas-
ure of the President.
(d) BARRED FROM OTHER FEDERAL POSITIONS.—
No person shall serve as Director while serving in any
other position in the Federal Government.
(e) RESPONSIBILITIES OF DIRECTOR.—The Director
shall do the following:
(1) Consider the facts and circumstances of vio-
lations of religious freedom presented in the annual
reports of the Department of State on human rights
under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)).
(2) Consider the facts and circumstances of vio-
lations of religious freedom presented by independ-
ent human rights groups and nongovernmental orga-
nizations.
(3) In consultation with the Secretary of State,
make policy recommendations to the President re-
garding the policies of the United States Govern-
ment toward governments which are determined to
be engaged in religious persecution.
(4) Prepare and submit the annual report de-
scribed in section 6, including the determination
whether a particular country is engaged in category
1 or category 2 religious persecution, and identify
the responsible entities within such countries. This
information shall be published in the Federal Reg-
ister.
(5) Maintain the lists of persecution facilitating
products, goods, and services, and the responsible
entities within countries determined to be engaged in
religious persecution, described in paragraph (4),
adding to the list as information becomes available.
This information shall be published in the Federal
Register.
(6) Coordinate with the Secretary of State, the
Attorney General, the Secretary of Commerce, and
the Secretary of the Treasury to ensure that the
provisions of this Act are fully and effectively imple-
mented.
(f) ADMINISTRATIVE MATTERS.—
(1) PERSONNEL.—The Director may appoint
such personnel as may be necessary to carry out the
functions of the Office.
(2) SERVICES OF OTHER AGENCIES.—The Di-
rector may use the personnel, services, and facilities
of any other department or agency, on a reimburs-
able basis, in carrying out the functions of the Of-
fice.
SEC. 6. REPORTS TO CONGRESS.
(a) ANNUAL REPORTS.—Not later than April 30 of
each year, the Director shall submit to the Committees
on Foreign Relations, Finance, the Judiciary, and Appro-
priations of the Senate and to the Committees on Inter-
national Relations, Ways and Means, the Judiciary, and
Appropriations of the House of Representatives a report
described in subsection (b).
(b) CONTENTS OF ANNUAL REPORT.—The annual
report of the Director shall include the following:
(1) DETERMINATION OF RELIGIOUS PERSECU-
TION.—With respect to each country or region there-
of described in section 4, the Director shall include
his or her determination, with respect to each per-
secuted community, whether there is category 1 reli-
gious persecution or category 2 religious persecution.
(2) IDENTIFICATION OF PERSECUTION FACILI-
TATING PRODUCTS, GOODS, AND SERVICES.—With
respect to each country or region thereof which the
Director determines is engaged in either category 1
or category 2 religious persecution, the Director, in
consultation with the Secretary of State and the
Secretary of Commerce, shall identify and list the
persecution facilitating products, goods, and serv-
ices.
(3) IDENTIFICATION
OF
RESPONSIBLE
ENTI-
TIES.—With respect to each country determined by
the Director to be engaged in category 1 religious
persecution, the Director, in consultation with the
Secretary of State, shall identify and list the respon-
sible entities within that country that are engaged in
religious persecution. Such entities shall be defined
as narrowly as possible.
(4) OTHER REPORTS.—The Director shall in-
clude the reports submitted to the Director by the
Attorney General under section 9 and by the Sec-
retary of State under section 10.
(c) INTERIM REPORTS.—The Director may submit
interim reports to the Congress containing such matters
as the Director considers necessary.
SEC. 7. SANCTIONS.
(a) PROHIBITION ON EXPORTS RELATING TO RELI-
GIOUS PERSECUTION.—
(1) ACTIONS BY RESPONSIBLE DEPARTMENTS
AND
AGENCIES.—With respect to any country in
which—
(A) the Director finds the occurrence of
category 1 religious persecution, the Director
shall so notify the relevant United States de-
partments and agencies, and such departments
and agencies shall—
(i) prohibit all exports to the respon-
sible entities listed under section 6(b)(3) or
in any supplemental list of the Director;
and
(ii) prohibit the export to such coun-
try of the persecution facilitating products,
goods, and services listed under section
6(b)(2) or in any supplemental list of the
Director; or
(B) the Director finds the occurrence of
category 2 religious persecution, the Director
shall so notify the relevant United States de-
partments and agencies, and such departments
and agencies shall prohibit the export to such
country of the persecution facilitating products,
goods, and services listed under section 6(b)(2)
or in any supplemental list of the Director.
(2) PROHIBITIONS ON U.S. PERSONS.—(A) With
respect to any country or region thereof in which the
Director finds the occurrence of category 1 religious
persecution, no United States person may—
(i) export any item to the responsible enti-
ties listed under section 6(b)(3) or in any sup-
plemental list of the Director; and
(ii) export to that country any persecution
facilitating products, goods, and services listed
under section 6(b)(2) or in any supplemental
list of the Director.
(B) With respect to any country in which the
Director finds the occurrence of category 2 religious
persecution, no United States person may export to
that country any persecution facilitating products,
goods, and services listed under section 6(b)(2) or in
any supplemental report of the Director.
(3) PENALTIES.—Any person who violates the
provisions of paragraph (2) shall be subject to the
penalties set forth in subsections (a) and (b)(1) of
section 16 of the Trading With the Enemy Act (50
U.S.C. App. 16 (a) and (b)(1)) for violations under
that Act.
(4) EFFECTIVE DATE OF PROHIBITIONS.—The
prohibitions on exports under paragraph (1) shall
take effect with respect to a country 90 days after
the finding of category 1 or category 2 religious per-
secution in that country or region thereof, except as
provided in section 11.
(b) UNITED STATES ASSISTANCE.—
(1) CATEGORY
RELIGIOUS
PERSECUTION.—
No United States assistance may be provided to the
government of any country which the Director deter-
mines is engaged in category 1 religious persecution,
effective 90 days after the date on which the Direc-
tor submits the report in which the determination is
included.
(2) CATEGORY
RELIGIOUS
PERSECUTION.—
No United States assistance may be provided to the
government of any country which the Director deter-
mines is engaged in category 2 religious persecution,
effective 1 year after the date on which the Director
submits the report in which the determination is in-
cluded, if the Director, in the next annual report of
the Director under section 6, determines that the
country is engaged in either category 1 or category
2 religious persecution.
(c) MULTILATERAL ASSISTANCE.—
(1) CATEGORY
RELIGIOUS
PERSECUTION.—
With respect to any country which the Director de-
termines is engaged in category 1 religious persecu-
tion, the President shall instruct the United States
Executive Director of each multilateral development
bank and of the International Monetary Fund to
vote against, and use his or her best efforts to deny,
any loan or other utilization of the funds of their re-
spective institutions (other than for humanitarian
assistance) to that country, effective 90 days after
the Director submits the report in which the deter-
mination is included.
(2) CATEGORY
RELIGIOUS
PERSECUTION.—
With respect to any country which the Director de-
termines is engaged in category 2 religious persecu-
tion, the President shall instruct the United States
Executive Director of each multilateral development
bank and of the International Monetary Fund to
vote against, and use his or her best efforts to deny,
any loan or other utilization of the funds of their re-
spective institutions (other than for humanitarian
assistance) to that country, effective 1 year after the
date on which the Director submits the report in
which the determination is included, if the Director,
in the next annual report of the Director under sec-
tion 6, determines that the country is engaged in ei-
ther category 1 or category 2 religious persecution.
(3) REPORTS TO DIRECTOR.—If a country de-
scribed in paragraph (1) or (2) is granted a loan or
other utilization of funds notwithstanding the objec-
tion of the United States under this subsection, the
Executive Director of the institution that made the
grant shall report to the President and the Congress
on the efforts made to deny loans or other utilization
of funds to that country, and shall include in the re-
port specific and explicit recommendations designed
to ensure that such loans or other utilization of
funds are denied to that country in the future.
(4) DEFINITION.—As used in this subsection,
the term ‘‘multilateral development bank’’ means
any of the multilateral development banks as defined
in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)).
(d) VOTES FOR WTO MEMBERSHIP.—In casting any
vote concerning the membership of a country in the World
Trade Organization, the President shall consider as a sig-
nificant factor the fact that the country is listed in the
Director’s report as a country which is engaged in either
category 1 or category 2 religious persecution.
(e) DENIAL OF VISAS.—The Secretary of State shall
deny the issuance of a visa to, and the Attorney General
shall exclude from the United States, any alien who the
Director determines carried out or is responsible for carry-
ing out acts of religious persecution.
SEC. 8. WAIVER OF SANCTIONS.
(a) WAIVER AUTHORITY.—Subject to subsection (b),
the President may waive the imposition of any sanction
against a country under section 7 for periods of not more
than 12 months each, if the President, for each waiver—
(1) determines that national security interests
justify such a waiver; and
(2) provides to the Committees on Foreign Re-
lations, Finance, the Judiciary, and Appropriations
of the Senate and to the Committees on Inter-
national Relations, Ways and Means, the Judiciary,
and Appropriations of the House of Representatives
a written notification of the President’s intention to
waive any such sanction.
The justification shall contain an explanation of the rea-
sons why the President considers the waiver to be nec-
essary, the type and amount of goods, services, or assist-
ance to be provided pursuant to the waiver, and the period
of time during which such a waiver will be effective.
(b) TAKING EFFECT OF WAIVER.—
(1) IN GENERAL.—Subject to paragraph (2), a
waiver under subsection (a) shall take effect 45 days
after its submission to the Congress.
(2) IN EMERGENCY CONDITIONS.—The Presi-
dent may waive the imposition of sanctions against
a country under subsection (b) or (c) of section 7 to
take effect immediately if the President, in the writ-
ten notification of intention to waive the sanctions,
certifies that emergency conditions exist that make
an immediate waiver necessary.
(3) COMPUTATION
OF
45-DAY
PERIOD.—The
45-day period referred to in this subsection shall be
computed by excluding—
(A) the days on which either House of
Congress is not in session because of an ad-
journment of more than 3 days to a day certain
or an adjournment of the Congress sine die;
and
(B) any Saturday and Sunday, not ex-
cluded under paragraph (1), when either House
is not in session.
SEC. 9. MODIFICATION OF IMMIGRATION POLICY.
(a) CREDIBLE FEAR OF PERSECUTION DEFINED.—
Section 235(b)(1)(B)(v) of the Immigration and National-
ity Act (8 U.S.C. 1225(b)(1)(B)(v)) (as amended by sec-
tion 302 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996; Public Law 104–208;
110 Stat. 3009–582) is amended by adding at the end
the following:
‘‘Any alien who can credibly claim mem-
bership in a persecuted community found
to be subject to category 1 or category 2
religious persecution in the most recent an-
nual report sent by the Director of the Of-
fice of Religious Persecution Monitoring to
the Congress under section 6 of the Free-
dom From Religious Persecution Act of
1997 shall be considered to have a credible
fear of persecution within the meaning of
the preceding sentence.’’.
(b) TRAINING
FOR CERTAIN IMMIGRATION OFFI-
CERS.—Section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225) (as amended by section 302 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996; Public Law 104–208; 110 Stat. 3009–579)
is amended by adding at the end the following:
‘‘(d) TRAINING ON RELIGIOUS PERSECUTION.—The
Attorney General shall establish and operate a program
to provide to immigration officers performing functions
under subsection (b), or section 207 or 208, training on
religious persecution, including training on—
‘‘(1) the fundamental components of the right
to freedom of religion;
‘‘(2) the variation in beliefs of religious groups;
and
‘‘(3) the governmental and nongovernmental
methods used in violation of the right to freedom of
religion.’’.
(c) ASYLUM.—Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) (as amended by section
604 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996; Public Law 104–208; 1110 Stat.
3009–690) is amended by adding at the end the following:
‘‘(e) SPECIAL RULES FOR RELIGIOUS PERSECUTION
CLAIMS.—
‘‘(1) PROCEDURES UPON DENIAL.—
‘‘(A) IN GENERAL.—In any case in which
the Service denies or refers to an immigration
judge an asylum application filed by an alien
described in the second sentence of section
235(b)(1)(B)(v), or any care in which an immi-
gration judge denies such an application on the
ground that the alien is not a refugee within
the meaning of section 101(a)(42)(A), the Serv-
ice shall provide the alien with the following:
‘‘(i) A written statement containing
the reasons for the denial, which shall be
supported by references to—
‘‘(I) the most recent annual re-
port sent by the Director of the Office
of Religious Persecution Monitoring to
the Congress under section 6 of the
Freedom From Religious Persecution
Act of 1997; and
‘‘(II) either—
‘‘(aa) the most recent coun-
try report on human rights prac-
tices issued by the Secretary of
State; or
‘‘(bb) any other report is-
sued by the Secretary of State
concerning 
conditions 
in 
the
country of which the alien is a
national (or, in the case of an
alien having no nationality, the
country of the alien’s last habit-
ual residence).
‘‘(ii) A copy of any assessment sheet
prepared by an asylum officer for a super-
visory asylum officer with respect to the
application.
‘‘(iii) A list of any publicly available
materials relied upon by an asylum officer
as a basis for denying the application.
‘‘(iv) A copy of any materials relied
upon by an asylum officer as a basis for
denying the application that are not avail-
able to the public, except Federal agency
records that are exempt from disclosure
under section 552(b) of title 5, United
States Code.
‘‘(B) CREDIBILITY IN ISSUE.—In any case
described in subparagraph (A) in which the de-
nial is based, in whole or in part, on credibility
grounds, the Service shall also provide the alien
with the following:
‘‘(i) The statements by the applicant,
or other evidence, that were found not to
be credible.
‘‘(ii) A statement certifying that the
applicant was provided an opportunity to
respond to the Service’s position on the
credibility issue.
‘‘(iii) A brief summary of such re-
sponse, if any was made.
‘‘(iv) An explanation of how the nega-
tive determination on the credibility issue
relates to the applicant’s religious persecu-
tion claim.
‘‘(2) EFFECT IN SUBSEQUENT PROCEEDINGS.—
‘‘(A) USE AT OPTION OF APPLICANT.—Any
material provided to an alien under paragraph
(1) shall be considered part of the official
record pertaining to the alien’s asylum applica-
tion solely at the option of the alien.
‘‘(B) NO EFFECT ON REVIEW.—The provi-
sion of any material under paragraph (1) to an
alien shall not be construed to alter any stand-
ard of review otherwise applicable in any ad-
ministrative or judicial adjudication concerning
the alien’s asylum application.
‘‘(3) DUTY TO SUBMIT REPORT ON RELIGIOUS
PERSECUTION.—In any judicial or administrative
proceeding in which the Service opposes granting
asylum to an alien described in the second sentence
of section 235(b)(1)(B)(v), the Service shall submit
to the court or administrative adjudicator a copy of
the most recent annual report submitted to the Con-
gress by the Director of the Office of Religious Per-
secution Monitoring under section 6 of the Freedom
From Religious Persecution Act of 1997, and any
interim reports issued by such Director after such
annual report.’’.
(d) ANNUAL REPORT.—Not later than January 1 of
each year, the Attorney General shall submit to the Direc-
tor an annual report that includes the following:
(1) With respect to the year that is the subject
of the report, the number of applicants for asylum
or refugee status whose applications were based, in
whole or in part, on religious persecution.
(2) In the case of such applications, the number
that were proposed to be denied, and the number
that were finally denied.
(3) In the case of such applications, the number
that were granted.
(4) A description of developments with respect
to the adjudication of applications for asylum or ref-
ugee status filed by an alien who claims to be a
member of a persecuted community that the Direc-
tor found to be subject to category 1 or category 2
religious persecution in the most recent annual re-
port submitted to the Congress under section 6.
(5) With respect to the year that is the subject
of the report, a description of training on religious
persecution provided under section 235(d) of the Im-
migration and Nationality Act (as added by sub-
section (b)) to immigration officers performing func-
tions under section 235(b) of such Act, or adjudicat-
ing applications under section 207 or 208 of such
Act, including a list of speakers and materials used
in such training and the number of officers who re-
ceived such training.
(e) ADMISSION PRIORITY.—For purposes of section
207(a)(3) of the Immigration and Nationality Act, an in-
dividual who is a member of a persecuted community that
the Director found to be subject to category 1 or category
2 religious persecution in the most recent annual report
submitted to the Congress under section 6, and is deter-
mined by the Attorney General to be a refugee within the
meaning of section 101(a)(42)(A) of the Immigration and
Nationality Act, shall be considered a refugee of special
humanitarian concern to the United States. In carrying
out such section, such an individual shall be given priority
status at least as high as that given to any member of
any other specific group of refugees of special concern to
the United States.
(f) NO EFFECT ON OTHERS’ RIGHTS.—Nothing in
this section, or any amendment made by this section, shall
be construed to deny any applicant for asylum or refugee
status any right, privilege, protection, or eligibility other-
wise provided by law.
SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.
(a) ANNUAL HUMAN RIGHTS REPORT.—In preparing
the annual reports of the State Department on human
rights under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)), the Secretary of State shall, in the section on
religious freedom—
(1) consider the facts and circumstances of the
violation of the right to freedom of religion pre-
sented by independent human rights groups and
nongovernmental organizations;
(2) report on the extent of the violations of the
right to freedom of religion, specifically including
whether the violations arise from governmental or
nongovernmental sources, and whether the violations
are encouraged by the government or whether the
government fails to exercise satisfactory efforts to
control such violations;
(3) report on whether freedom of religion viola-
tions occur on a nationwide, regional, or local level;
and
(4) identify whether the violations are focused
on an entire religion or on certain denominations or
sects.
(b) TRAINING.—The Secretary of State shall—
(1) institute programs to provide training for
chiefs of mission as well as Department of State of-
ficials—
(A) having reporting responsibilities re-
garding the freedom of religion, which shall in-
clude training on the fundamental components
of the right to freedom of religion, the variation
in beliefs of religious groups, and the govern-
mental and nongovernmental methods used in
the violation of the right to freedom of religion;
and
(B) the identification of independent
human rights groups and nongovernmental or-
ganizations with expertise in the matters de-
scribed in subparagraph (A); and
(2) submit to the Director, not later than Janu-
ary 1 of each year, a report describing all training
provided to Department of State officials with re-
spect to religious persecution during the preceding
1-year period, including a list of instructors and ma-
terials used in such training and the number and
rank of individuals who received such training.
SEC. 11. TERMINATION OF SANCTIONS.
(a) TERMINATION OF SANCTIONS.—If the Director
determines that a sanctioned country has substantially
eliminated religious persecution in that country, the Direc-
tor shall notify the Congress of that determination in writ-
ing. The sanctions described in section 7 shall cease to
apply with respect to that country 45 days after the Con-
gress receives the notification of such a determination.
The 45-day period referred to in this section shall be com-
puted by excluding—
(1) the days on which either House of Congress
is not in session because of an adjournment of more
than 3 days to a day certain or an adjournment of
the Congress sine die; and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House is not in
session.
(b) WITHDRAWAL OF FINDING.—Any determination
of the Director under section 6 may be withdrawn before
taking effect if the Director makes a written determina-
tion, on the basis of a preponderance of the evidence, that
the country substantially eliminated any category 1 or cat-
egory 2 religious persecution that existed in that country.
The Director shall submit to the Congress each determina-
tion under this subsection.
SEC. 12. SANCTIONS AGAINST SUDAN.
(a) EXTENSION OF SANCTIONS UNDER EXISTING
LAW.—Any sanction imposed on Sudan because of a de-
termination that the government of that country has pro-
vided support for acts of international terrorism, includ-
ing—
(1) export controls imposed pursuant to the Ex-
port Administration Act of 1979;
(2) prohibitions on transfers of munitions under
section 40 of the Arms Export Control Act;
(3) the prohibition on assistance under section
620A of the Foreign Assistance Act of 1961;
(4) section 2327(a) of title 10, United States
Code;
(5) section 6 of the Bretton Woods Agreements
Act Amendments, 1978 (22 U.S.C. 286e–11);
(6) section 527 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1997 (as contained in Public Law 104–
208); and
(7) section 901(j) of the Internal Revenue Code
of 1986;
shall continue in effect after the enactment of this Act
until the Director determines, in accordance with section
11, that Sudan has substantially eliminated religious per-
secution in that country, or the determination that the
government of that country has provided support for acts
of international terrorism is no longer in effect, whichever
occurs later. For purposes of the preceding sentence, the
reference in section 11 to ‘‘sanctions described in section
7’’ shall be deemed to refer to sanctions described in para-
graphs (1) through (7) of this subsection.
(b) ADDITIONAL SANCTIONS ON SUDAN.—Effective
90 days after the date of the enactment of this Act, the
following sanctions (to the extent not covered under sub-
section (a)) shall apply with respect to Sudan:
(1) PROHIBITION ON FINANCIAL TRANSACTIONS
WITH GOVERNMENT OF SUDAN.—
(A) OFFENSE.—Any United States person
who knowingly engages in any financial trans-
action, including any loan or other extension of
credit, directly or indirectly, with the Govern-
ment of Sudan shall be fined in accordance with
title 18, United States Code, or imprisoned for
not more than 10 years; or both.
(B) DEFINITIONS.—As used in this para-
graph:
(i) FINANCIAL
TRANSACTION.—The
term ‘‘financial transaction’’ has the mean-
ing given that term in section 1956(c)(4)
of title 18, United States Code.
(ii) UNITED
STATES
PERSON.—The
term ‘‘United States person’’ means—
(I) any United States citizen or
national;
(II) 
any 
permanent 
resident
alien;
(III) any juridical person orga-
nized under the laws of the United
States; and
(IV) any person in the United
States.
(2) PROHIBITION ON IMPORTS FROM SUDAN.—
No article which is grown, produced, manufactured
by, marketed, or otherwise exported by the Govern-
ment of Sudan, may be imported into the United
States.
(3) PROHIBITIONS
ON
UNITED
STATES
EX-
PORTS TO SUDAN.—
(A) PROHIBITION
ON
COMPUTER
EX-
PORTS.—No computers, computer software, or
goods or technology intended to manufacture or
service computers may be exported to or for use
of the Government of Sudan.
(B) REGULATIONS OF THE SECRETARY OF
COMMERCE.—The Secretary of Commerce may
prescribe such regulations as may be necessary
to carry out subparagraph (A).
(C) PENALTIES.—Any person who violates
this paragraph shall be subject to the penalties
provided in section 11 of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2410) for
violations under that Act.
(4) PROHIBITION
ON
NEW
INVESTMENT
IN
SUDAN.—
(A) PROHIBITION.—No United States per-
son may, directly or through another person,
make any new investment in Sudan that is not
prohibited by paragraph (1).
(B) REGULATIONS.—The Secretary of
Commerce may prescribe such regulations as
may be necessary to carry out subparagraph
(A).
(C) PENALTIES.—Any person who violates
this paragraph shall be subject to penalties pro-
vided in section 11 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2410) for vio-
lations under that Act.
(5) AVIATION RIGHTS.— 
(A) AIR
TRANSPORTATION
RIGHTS.—The
Secretary of Transportation shall prohibit any
aircraft of a foreign air carrier owned or con-
trolled, directly or indirectly, by the Govern-
ment of Sudan or operating pursuant to a con-
tract with the Government of Sudan from en-
gaging in air transportation with respect to the
United States, except that such aircraft shall be
allowed to land in the event of an emergency
for which the safety of an aircraft’s crew or
passengers is threatened.
(B) TAKEOFFS AND LANDINGS.—The Sec-
retary of Transportation shall prohibit the take-
off and landing in Sudan of any aircraft by an
air carrier owned, directly or indirectly, or con-
trolled by a United States person, except that
such aircraft shall be allowed to land in the
event of an emergency for which the safety of
an aircraft’s crew or passengers is threatened,
or for humanitarian purposes.
(C) TERMINATION OF AIR SERVICE AGREE-
MENTS.—To carry out subparagraphs (A) and
(B), the Secretary of State shall terminate any
agreement between the Government of Sudan
and the Government of the United States relat-
ing to air services between their respective terri-
tories.
(D) DEFINITIONS.—For purposes of this
paragraph, the terms ‘‘aircraft’’, ‘‘air transpor-
tation’’, and ‘‘foreign air carrier’’ have the
meanings given those terms in section 40102 of
title 49, United States Code.
(6) PROHIBITION ON PROMOTION OF UNITED
STATES TOURISM.—None of the funds appropriated
or otherwise made available by any provision of law
may be available to promote United States tourism
in Sudan.
(7) 
GOVERNMENT
OF
SUDAN
BANK
AC-
COUNTS.—
(A) PROHIBITION.—A United States de-
pository institution may not accept, receive, or
hold a deposit account from the Government of
Sudan, except for such accounts which may be
authorized by the President for diplomatic or
consular purposes.
(B) ANNUAL REPORTS.—The Secretary of
the Treasury shall submit annual reports to the
Congress on the nature and extent of assets
held in the United States by the Government of
Sudan.
(C) DEFINITION.—For purposes of this
paragraph, the term ‘‘depository institution’’
has the meaning given that term in section
19(b)(1) of the Act of December 23, 1913 (12
U.S.C. 461(b)(1)).
(8) PROHIBITION ON UNITED STATES GOVERN-
MENT PROCUREMENT FROM SUDAN.—
(A) PROHIBITION.—No department, agen-
cy, or any other entity of the United States
Government may enter into a contract for the
procurement 
of 
goods 
or 
services 
from
parastatal organizations of Sudan except for
items necessary for diplomatic or consular pur-
poses.
(B) DEFINITION.—As used in this para-
graph, the term ‘‘parastatal organization of
Sudan’’ means a corporation, partnership, or
entity owned, controlled, or subsidized by the
Government of Sudan.
(9) PROHIBITION ON UNITED STATES APPRO-
PRIATIONS FOR USE AS INVESTMENTS IN OR TRADE
SUBSIDIES FOR SUDAN.—None of the funds appro-
priated or otherwise made available by any provision
of law may be available for any new investment in,
or any subsidy for trade with, Sudan, including
funding for trade missions in Sudan and for partici-
pation in exhibitions and trade fairs in Sudan.
(10) PROHIBITION
ON
COOPERATION
WITH
ARMED FORCES OF SUDAN.—No agency or entity of
the United States may engage in any form of co-
operation, direct or indirect, with the armed forces
of Sudan, except for activities which are reasonably
necessary to facilitate the collection of necessary in-
telligence. Each such activity shall be considered as
significant anticipated intelligence activity for pur-
poses of section 501 of the National Security Act of
1947 (50 U.S.C. 413).
(11) PROHIBITION ON COOPERATION WITH IN-
TELLIGENCE SERVICES OF SUDAN.—
(A) SANCTION.—No agency or entity of
the United States involved in intelligence activi-
ties may engage in any form of cooperation, di-
rect or indirect, with the Government of Sudan,
except for activities which are reasonably de-
signed to facilitate the collection of necessary
intelligence.
(B) POLICY.—It is the policy of the United
States that no agency or entity of the United
States involved in intelligence activities may
provide any intelligence information to the Gov-
ernment of Sudan which pertains to any inter-
nal group within Sudan. Any change in such
policy or any provision of intelligence informa-
tion contrary to this policy shall be considered
a significant anticipated intelligence activity for
purposes of section 501 of the National Secu-
rity Act of 1947 (50 U.S.C. 413).
The sanctions described in this subsection shall apply until
the Director determines, in accordance with section 11,
that Sudan has substantially eliminated religious persecu-
tion in that country. For purposes of the preceding sen-
tence, the reference in section 11 to ‘‘sanctions described
in section 7’’ shall be deemed to refer to the sanctions
imposed under this subsection.
(c) MULTILATERAL EFFORTS TO END RELIGIOUS
PERSECUTION IN SUDAN.—
(1) EFFORTS TO OBTAIN MULTILATERAL MEAS-
URES AGAINST SUDAN.—It is the policy of the Unit-
ed States to seek an international agreement with
the other industrialized democracies to bring about
an end to religious persecution by the Government
of Sudan. The net economic effect of such inter-
national agreement should be measurably greater
than the net economic effect of the other measures
imposed by this section.
(2) COMMENCEMENT OF NEGOTIATIONS TO INI-
TIATE
MULTILATERAL
SANCTIONS
AGAINST
SUDAN.—It is the sense of the Congress that the
President or, at his direction, the Secretary of State
should convene an international conference of the
other industrialized democracies in order to reach an
international agreement to bring about an end to re-
ligious persecution in Sudan. The international con-
ference should begin promptly and should be con-
cluded not later than 180 days after the date of the
enactment of this Act.
(3) PRESIDENTIAL
REPORT.—Not less than
210 days after the date of the enactment of this Act,
the President shall submit to the Congress a report
containing—
(A) a description of United States’ efforts
to negotiate multilateral measures to bring
about an end to religious persecution in Sudan;
and
(B) a detailed description of economic and
other measures adopted by the other industri-
alized countries to bring about an end to reli-
gious persecution in Sudan, including an assess-
ment of the stringency with which such meas-
ures are enforced by those countries.
(4) CONFORMITY
OF
UNITED
STATES
MEAS-
URES
TO
INTERNATIONAL
AGREEMENT.—If the
President successfully concludes an international
agreement described in paragraph (2), the President
may, after such agreement enters into force with re-
spect to the United States, adjust, modify, or other-
wise amend the measures imposed under any provi-
sion of this section to conform with such agreement.
(5) PROCEDURES FOR AGREEMENT TO ENTER
INTO
FORCE.—Each agreement submitted to the
Congress under this subsection shall enter into force
with respect to the United States if—
(A) the President, not less than 30 days
before the day on which the President enters
into such agreement, notifies the House of Rep-