Footnotes for Boggs Article

^NOTES

¹ Public Law 105-292, 105^th Congress; See Thomas, Legislative Information on the Internet (a service of The Library of Congress), http://thomas.loc.gov/home/thomas.html, legislative history, p. 28.

²Id., Section 2(b) at p. 4.

³ Id., Section 2(a) at pp. 2, 3.

⁴ Id., Section 2(a) at p. 3.

⁵ "New Federal Law Requires U.S. Action on Persecution of Believers," The Presbyterian Layman, Jan./Feb. 1999, p. 17.

⁶ "Anti-Christian Attacks Hit India," USA Today, Feb. 19, 1999, p. 12A.

⁷ See supra, note 1, Section 2(a) at p. 3.

⁸ Id., Section 101 at p. 6.

⁹ Id., Sections 102-108 at pp. 6-11.

¹⁰ Id., Section 202 at p. 12.

¹¹ Id. (but see Public Law 105-292, approved 8/17/99, which renumbered this section to Sec.203.)

^{12 Id., Sections 203 and 205,
at p. 13. but see Public Law 105-292, approved 8/17/99, which renumbered these sections
and made specified amendments to the statute.}

¹³ Id., Section 301 at p. 13.

¹⁴ Id., Section 401 at p. 14.

¹⁵ Id., Section 405 at pp. 19 and 20, reproduced in part as follows:

^{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,
the Overseas Private Investment 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, instrumentality, or official found or determined by the PresId.ent
to be responsible for violations under section 401 or 402.}

^{(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 PresId.ent 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 provId.ing 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 PresId.ent 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 PresId.ent
to be responsible for violations under section 401 or 402.}}

^{(b) Commensurate Action.--Except as provided in
subsection (d), the PresId.ent 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 PresId.ent
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 PresId.ent 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 PresId.ent
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.}
¹⁶ Id., Section 402 at p.
15 and also Section 3 at p. 5 which defines the term as follows,
The term "particularly severe violations of religious freedom" means
systematic, ongoing, egregious violations of religious freedom, including violations such
as--

torture or cruel, inhuman, or degrading treatment or punishment;
prolonged detention without charges;
causing the disappearance of persons by the abduction or clandestine detention of those
persons; or
other flagrant denial of the right to life, liberty, or the security of persons.

¹⁷ Id., Sections 402,
406, and 407 at pp. 17, 20, and 21.
¹⁸ Id., Section 403 at
pp. 17 and 18.
¹⁹ Id., Section 402 at p.
16.
²⁰ Id., Sections 408,
410, and 409 at pp. 21 and 22.
²¹ Id., Section 604 at p.
26.
²² Id., Section 701 at p.
27.
²³ Id.
²⁴ Larry B. Stammer,
"Religion; An Envoy For All Faiths," Los Angeles Times, June 12, 1999;
Metro, part B, page 2.
²⁵ Id.
²⁶ Jane Lampman, The
Christian Science Monitor, April 8, 1999, Features, p. 17.
²⁷ Martha Bellisle, "Oil
Cos. Face Human Rights Abuses," April 28, 1999. Read at http://wire.ap.org/Apnews/center_package.html?FRONTID.=BUSINESS&PACKAGEID.=BIZoil
on April 29, 1999.
²⁸ Business and Human Rights,
"Unocal Corporation: Human Rights--Business and Human Rights. Read at http://www.unocal.com/responsibility/humanrights/hr4.htm
on April 1, 1999.}