Chapter 11-Support for the Economic and Democratic Development of the Independent States of the Former Soviet Union 572

SEC. 498.573, 574 ASSISTANCE FOR THE INDEPENDENT STATES.

The President is authorized to provide assistance to the independent states of the former Soviet Union under this chapter for the following activities:

(1) URGENT HUMANITARIAN NEEDS.-Meeting urgent humanitarian needs (including those arising from the health effects of exposure to radiation in the Chernobyl region), in particular

(A) meeting needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as processed baby food; and

(B) continuing efforts to rebuild from the earthquake in Armenia.

(2) DEMOCRACY.-Establishing a democratic and free society by fostering

(A) political, social, and economic pluralism;

(B) respect for internationally recognized human rights and the rule of law;

(C) the development of institutions of democratic governance, including electoral and legislative processes;

(D) the institution and improvement of public administration at the national, intergovernmental, regional, and local level;

(E) the development of a free and independent media;

(F) the development of effective control by elected civilian officials over, and the development of a nonpolitical officer corps in, the military and security forces; and

(G) strengthened administration of justice through programs and activities carried out in accordance with section. 498B(e).

(3) FREE MARKET SYSTEMS.-Creating and developing private enterprise and free market systems based on the principle of private ownership of property, including

(A) the development of private cooperatives, credit unions, and labor unions;

(B) the improvement in the collection and analysis of statistical information;

(C) the reform and restructuring of banking and financial systems; and

(D) the protection of intellectual property.

(4) TRADE AND INVESTMENT.-Creating conditions that promote trade and investment, and encouraging participation of the United States private sector in the development of the pri

572 Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3324) added chapter 11, secs. 498-498C.

573 22 U.S.C. 2295.

574 Section 3(b) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993), as amended, delegated to the Secretary of State those functions conferred upon the President in sec. 498. This delegation of authority is subject to the authority of the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of Public Law 105-277; 112 Stat. 2681).

vate sector in the independent states of the former Soviet Union.

(5) FOOD DISTRIBUTION AND PRODUCTION.-Promoting market-based mechanisms for the distribution of the inputs necessary to agricultural production and for the handling, marketing, storage, and processing of agricultural commodities; encouraging policies that provide incentives for agricultural production; and creating institutions that provide technical and financial support for the agricultural sector.

(6) HEALTH AND HUMAN SERVICES.-Promoting programs to strengthen and build institutions that provide quality health care and voluntary family planning services, housing, and other services and policies that are components of a social safety net, particularly for infants, children, and people with disabilities.

(7) EDUCATION AND EDUCATIONAL TELEVISION.-Promoting broad-based educational reform at all levels, in particular

(A) by assisting the development of curricula and by making available textbooks, other educational materials, and appropriate telecommunications technologies for the delivery of educational and instructional programming; and

(B) by assisting the development of the skills necessary to produce educational television programs aimed at promoting basic skills and the human values associated with a democratic society and a free market economy.

(8) ENERGY EFFICIENCY AND PRODUCTION.-Promoting market-based pricing policies and the transfer of technologies that reduce energy wastage and harmful emissions; supporting developmentally sound capital energy projects that utilize United States advanced coal technologies; and promoting efficient production, use, and transportation of oil, gas, coal, and other sources of energy.

(9) CIVILIAN NUCLEAR REACTOR SAFETY.-Implementing

(A) a program of short-term safety upgrade of civilian nuclear power plants, including the training of power plant personnel, implementation of improved procedures for nuclear power plant operation, the development of effective and independent regulatory authorities, and cost-effective hardware upgrades; and

(B) a program to retire those civilian nuclear power plants whose capacity could be more cost-effectively replaced through energy efficiency.

(10) ENVIRONMENT.-Enhancing the human and natural environment and conserving environmental resources, including through

(A) facilitation of the adoption of environmentally-sound policies and technologies, environmental restoration, and sustainable use of natural resources;

(B) promotion of the provision of environmental technology, education, and training by United States businesses, not-for-profit organizations, and institutions of higher education; and

(C) promotion of cooperative research efforts to validate and improve environmental monitoring of protracted radiation exposure.

(11) TRANSPORTATION AND TELECOMMUNICATIONS.-Improving transportation and telecommunications infrastructure and management, including intermodal transportation systems to ensure the safe and efficient movement of people, products, and materials.

(12) DRUG EDUCATION, INTERDICTION, AND ERADICATION.— Promoting drug education, interdiction, and eradication programs.

(13) MIGRATION.-Protecting and caring for refugees, displaced persons, and other migrants; addressing the root causes of migration; and promoting the development of appropriate immigration and emigration laws and procedures.

SEC. 498A.575 CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.

(a) 576 IN GENERAL.-In providing assistance under this chapter for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to

(1) make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections;

(2) make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);

(3) respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration;

(4) respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully;

575 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3357) prohibits assistance to the Government of Azerbaijan unless the President determines that that Government "is taking demonstrable steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh.".

Title II of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2127), para. on Assistance for the Independent States of the Former Soviet Union, however, exempts the application of sec. 907 for a range of foreign assistance such as democracy support, Trade and Development Agency, Export-Import Bank, and OPIC programs, and humanitarian assistance. The para. also authorizes the President to waive sec. 907 if he determines that it is necessary to support U.S. efforts to counter international terrorism or other related concerns.

See also footnote at sec. 498C.

576 Section 2(c) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) those functions conferred upon the President in sections 498A(a), 498B(c) and 498B(g).

(5) cooperate in seeking peaceful resolution of ethnic and regional conflicts;

(6) implement responsible security policies, including—

(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;

(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;

(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and

(D) restraining conventional weapons transfers;

(7) take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources;

(8) deny support for acts of international terrorism;

(9) accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union;

(10) cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-ofwar, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War; and

(11) terminate support for the communist regime in Cuba, including removal of troops, closing military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,577 and ceasing trade subsidies and economic, nuclear, and other assistance.

(b) 578 INELIGIBILITY FOR ASSISTANCE.-The President shall not provide assistance under this chapter

(1) for the government of any independent state that the President determines is engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law;

(2) for the government of any independent state that the President determines has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union;

(3) for the government of any independent state that the President determines has, on or after the date of enactment of this chapter, knowingly transferred to another country

577 Sec. 106(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 795) struck out "of military facilities" and inserted in lieu thereof "military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos".

Sec. 111(b) of that Act (110 Stat. 802) further provided that "Notwithstanding any other provision of law, the President shall withhold from assistance allocated on or after [March 12, 1996], for any country an amount equal to the sum of assistance and credits, if any, provided on or after [March 12, 1996] by that country or any entity in that country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.".

578 Section 1(a)(2) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993), as amended, delegated to the Secretary of State those functions conferred upon the President in paragraphs (1), (2), (3), and (5) of sec. 498A(b).

See also in the Foreign Assistance Appropriations, 2002: title II, paragraph assistance for the independent states of the former Soviet Union; sec. 517-Independent States of the Former Soviet Union; and sec. 557-Discrimination Against Minority Religious Faiths in the Russian Federation.

(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or

(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapon;

(4) for the government of any independent state that is prohibited from receiving such assistance by section 101 or 102 of the Arms Export Control Act 580 or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991; 581, 582

(5) 582 for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section 498B(k)(3)) with, the Cuban Government; or

(6) 582 for the Government of Russia if it has failed to make significant progress on the removal of Russian or Commonwealth of Independent States troops from Estonia, Latvia, and Lithuania or if it has failed to undertake good faith efforts, such as negotiations, to end other military practices that violate the sovereignty of the Baltic states.

(c) EXCEPTIONS TO INELIGIBILITY.-Assistance prohibited by subsection (b) or any similar provision of law, other than assistance prohibited by the provisions referred to in subsection (b)(4), may be furnished under any of the following circumstances:

(1) 583 The President determines that furnishing such assistance is important to the national interest of the United States. (2) 584 The President determines that furnishing such assistance will foster respect for internationally recognized human

580 Formerly referred to section 669 or 670 of this Act. Sec. 826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 519), repealed those two sections, and sec. 826(c) of that Act stated that "Any reference in law as of the date of enactment of this Act [April 30, 1994] to section 669 or 670 of the Foreign Assistance Act of 1961 shall, after such date, be deemed to be a reference to section 101 or 102, as the case may be, of the Arms Export Control Act.".

581 For text of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, see Legislation on Foreign Relations Through 2000, vol. II, sec. F.

582 Sec. 106(c)(1) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) struck out "or" at the end of para. (4); redesignated para. (5) as para. (6); and added a new para. (5).

583 Section 1(a)(3) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Secretary of State those functions conferred upon the President in paragraph (1) of "section 498A(C)", "and the requirement to make reports under that section regarding determinations under that paragraph". As there is no such designation in the Foreign Assistance Act, the Executive Order is probably referring to sec. 498A(c).

584 Section 2(d) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) those functions conferred upon the President in paragraph (2) of sec. 498A(c), and the requirement to make reports under that section regarding determinations under that paragraph.