[Weekly Compilation of Presidential Documents Volume 34, Number 44 (Monday, November 2, 1998)]
[Pages 2149-2150]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the International Religious Freedom Act of 1998

October 27, 1998

    Today I have signed into law H.R. 2431, the ``International 
Religious Freedom Act of 1998.'' My Administration is committed to 
promoting religious freedom worldwide, and I commend the Congress for 
passing legislation that will provide the executive branch with the 
flexibility needed to advance this effort.
    The United States was founded on the right to worship freely and on 
respect for the right of others to worship as they believe. My 
Administration has made religious freedom a central element of U.S. 
foreign policy. When we promote religious freedom we also promote 
freedom of expression, conscience, and association, and other human 
rights. This Act is not directed against any one country or religious 
faith. Indeed, this Act will serve to promote the religious freedom of 
people of all backgrounds, whether Muslim, Christian, Jewish, Buddhist, 
Hindu, Taoist, or any other faith.
    I intend to nominate Dr. Robert Seiple, the Special Representative 
of the Secretary of State for International Religious Freedom, for the 
position of Ambassador at Large created under the Act. It is my 
understanding that he will act as an ex-officio officer of the U.S. 
Commission on International Religious Freedom, an organization that is 
advisory in nature and does not have the authority to make specific 
findings concerning violations of religious freedom.
    Section 401 of this Act calls for the President to take diplomatic 
and other appropriate action with respect to any country that engages in 
or tolerates violations of religious freedom. This is consistent with my 
Administration's policy of protecting and promoting religious freedom 
vigorously throughout the world. We frequently raise religious freedom 
issues with other governments at the highest levels. I understand that 
such actions taken as a matter of policy are among the types of actions 
envisioned by section 401.
    I commend the Congress for incorporating flexibility in the several 
provisions concerning the imposition of economic measures. Although I am 
concerned that such measures could result in even greater pressures--and 
possibly reprisals--against minority religious communities that the bill 
is intended to help, I note that section 402 mandates these measures 
only in the most extreme and egregious cases of religious persecution. 
The imposition of economic measures or commensurate actions is required 
only when a country has engaged in systematic, ongoing, egregious 
violations of religious freedom accompanied by flagrant denials of the 
right to life, liberty, or the security of persons--such as torture, 
enforced and arbitrary disappearances, or arbitrary prolonged detention. 
I also note that section 405 allows me to choose from a range of 
measures, including some actions of limited duration.
    The Act provides additional flexibility by allowing the President to 
waive the imposition of economic measures if violations cease, if a 
waiver would further the purpose of the Act, or if required by important 
national interests. Section 402(c) allows me to take into account other 
substantial measures that we have taken against a country, and which are 
still in effect, in determining whether additional measures should be 
imposed. I note, however, that a technical correction to section 
402(c)(4) should be made to clarify the conditions applicable to this 
determination. My Administration has provided this technical correction 
to the Congress.
    I regret, however, that certain other provisions of the Act lack 
this flexibility and infringe on the authority vested by the 
Constitution solely with the President. For example, section 403(b) 
directs the President to undertake negotiations with foreign governments 
for specified foreign policy purposes. It also requires certain 
communications between the President and the Congress concerning these 
negotiations. I shall treat the language of this provision as precatory 
and construe the provision in light of my constitutional 
responsibilities to conduct foreign affairs, including, where 
appropriate, the protection of diplomatic communications.

[[Page 2150]]

    Section 107 requires that the Secretary of State grant U.S. citizens 
access to U.S. missions abroad for religious activities on a basis no 
less favorable than that for other nongovernmental activities unrelated 
to the conduct of the diplomatic mission. State Department policy 
already allows U.S. Government mission employees access to U.S. 
facilities for religious services in environments where such services 
are not available locally. The extension of this practice to U.S. 
citizens who generally enjoy no privileges and immunities in the host 
state has the potential to create conflicts with host country laws and 
to impair the ability of U.S. missions to function effectively. Care 
also must be taken to ensure that this provision is implemented 
consistent with the First Amendment. Accordingly, I have asked the 
Department of State to prepare guidance to clarify the scope of this 
provision and the grounds on which mission premises are generally 
available to nongovernmental organizations.
    Finally, I will interpret the Act's exception in section 405(d) 
concerning the provision of medicines, food, or other humanitarian 
assistance to apply to any loans, loan guarantees, extensions of credit, 
issuance of letters of credit, or other financing measures necessary or 
incidental to the sale of such goods. Additionally, I will interpret the 
license requirements in section 423 regarding specified items to apply 
only to countries of particular concern.
                                            William J. Clinton
The White House,
October 27, 1998.

Note:  H.R. 2431, approved October 27, was assigned Public Law No. 105-
292. An original was not available for verification of the content of 
this statement.