[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1645 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1645

 To provide for the promotion of democracy and rule of law in Belarus 
    and for the protection of Belarus' sovereignty and independence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2001

   Mr. Helms introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To provide for the promotion of democracy and rule of law in Belarus 
    and for the protection of Belarus' sovereignty and independence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Belarus Democracy Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States has a vital interest in the 
        consolidation and strengthening of the independence and 
        sovereignty of the Republic of Belarus and its integration into 
        the European community of democracies;
            (2) the United States supports the promotion of democracy, 
        the rule of law, and respect for human rights in Belarus;
            (3) in November 1996, Belarusian President Aleksandr 
        Lukashenka orchestrated an illegal and unconstitutional 
        referendum that enabled him to impose upon the Belarusian 
        people a new constitution, abolish the old parliament, the 13th 
        Supreme Council, replace it with a rubber stamp legislature, 
        and extend his term office to 2001;
            (4) in May 1999, the Belarusian opposition challenged 
        Lukashenka's illegal extension of his presidential term by 
        staging alternative presidential elections and these elections 
        were met with repression;
            (5) the Belarusian opposition has organized peaceful 
        demonstrations against the Lukashenka regime in cities and 
        towns throughout Belarus, including the Freedom I March of 
        October 17, 1999, the Freedom II March of March 15, 2000, and 
        the Chernobyl Way March of April 26, 2000, each of which took 
        place in Minsk and involved tens of thousands of Belarusians;
            (6) the Lukashenka regime has responded to these peaceful 
        marches with truncheon-swinging security personnel, mass 
        arrests, extended incarcerations, and beatings;
            (7) Andrei Klimov, a member of the last democratically 
        elected Parliament in Belarus remains imprisoned under harsh 
        conditions for his political opposition to Lukashenka;
            (8) Victor Gonchar, Yuri Krasovsky, and Yuri Zakharenka, 
        who have been leaders and supporters of the opposition, have 
        disappeared under mysterious circumstances;
            (9) former Belarus government officials, including four 
        police investigators, have come forward with credible 
        allegations and evidence that top officials of the Lukashenka 
        regime were involved in the murders of opposition figures Yury 
        Zakharenka, Victor Gonchar, Anatol Krasovsky, Dmitry Zavadsky, 
        and scores of other people;
            (10) the Lukashenka regime systematically harasses and 
        persecutes the independent media and actively suppresses 
        freedom of speech and expression;
            (11) Dmitry Zavadsky, a cameraman for Russian public 
        television, known for his critical reporting of the Lukashenka 
        regime, disappeared under mysterious circumstances;
            (12) the Lukashenka regime harasses the autocephalic 
        Belarusian Orthodox Church, the Roman Catholic Church, 
        evangelical churches, and other minority groups;
            (13) Lukashenka advocates and actively promotes a merger 
        between Russia and Belarus, and initiated negotiations and 
        signed December 8, 1999, the Belarus-Russia Union Treaty even 
        though he lacks the necessary constitutional mandate to do so;
            (14) the Belarusian opposition denounces these intentions 
        and has repeatedly called upon the international community to 
        ``unambiguously announce the nonrecognition of any 
        international treaties concluded by Lukashenka'';
            (15) the United States, the European Union, the NATO 
        Parliamentary Assembly, the OSCE Parliamentary Assembly, and 
        other international bodies continue to recognize the 13th 
        Supreme Council as the legal Belarusian Parliament;
            (16) the parliamentary elections of October 15, 2000, 
        conducted by Aleksandr Lukashenka were illegitimate and 
        unconstitutional;
            (17) these elections were plagued by violent human rights 
        abuses committed by his regime, including the harassment, 
        beatings, arrest, and imprisonment of members of the 
        opposition;
            (18) these elections were conducted in the absence of a 
        democratic election law;
            (19) the presidential election of September 2001 was 
        fundamentally unfair and featured significant and abusive 
        misconduct by the regime of Aleksandr Lukashenka, including--
                    (A) the harassment, arrest, and imprisonment of 
                opposition leaders;
                    (B) the denial of opposition candidates equal and 
                fair access to the dominant state-controlled media;
                    (C) the seizure of equipment and property of 
                independent nongovernmental organizations and press 
                organizations and the harassment of their staff and 
                management;
                    (D) voting and vote counting procedures that were 
                not transparent; and
                    (E) a campaign of intimidation directed against 
                opposition activists, domestic election observation 
                organizations, opposition and independent media, and a 
                libelous media campaign against international 
                observers; and
            (20) the last parliamentary election in Belarus deemed to 
        be free and fair by the international community took place in 
        1995 and from it emerged the 13th Supreme Soviet whose 
        democratically and constitutionally derived authorities and 
        powers have been usurped by the authoritarian regime of 
        Aleksandr Lukashenka.

SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

    (a) Purposes of Assistance.--The assistance under this section 
shall be available for the following purposes:
            (1) To assist the people of Belarus in regaining their 
        freedom and to enable them to join the international community 
        of democracies.
            (2) To restore and strengthen institutions of democratic 
        government in Belarus.
            (3) To encourage free and fair presidential and 
        parliamentary elections in Belarus, conducted in a manner 
        consistent with internationally accepted standards and under 
        the supervision of internationally recognized observers.
            (4) To sustain and strengthen international sanctions 
        against the Lukashenka regime in Belarus.
    (b) Authorization for Assistance.--To carry out the purposes of 
subsection (a), the President is authorized to furnish assistance and 
other support for the activities described in subsection (c) and 
primarily for indigenous Belarusian political parties and 
nongovernmental organizations.
    (c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include--
            (1) democratic forces, including political parties, 
        committed to promoting democracy and Belarus' independence and 
        sovereignty;
            (2) democracy building;
            (3) radio and television broadcasting to Belarus;
            (4) the development and support of nongovernmental 
        organizations promoting democracy and supporting human rights 
        both in Belarus and in exile;
            (5) the development of independent media working within 
        Belarus and from locations outside of Belarus and supported by 
        nonstate-controlled printing facilities;
            (6) international exchanges and advanced professional 
        training programs for leaders and members of the democratic 
        forces in skill areas central to the development of civil 
        society; and
            (7) the development of all elements of democratic 
        processes, including political parties and the ability to 
        conduct free and fair elections.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the President $30,000,000 for the fiscal year 2002.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 4. AUTHORIZED FUNDING FOR RADIO BROADCASTING IN AND INTO BELARUS.

    (a) In General.--The purpose of this section is to augment support 
for independent and uncensored radio broadcasting in and into Belarus 
that will facilitate the dissemination of information in a way that is 
not impeded by the government of Lukashenka.
    (b) Allocation of Funds.--Not less than $5,000,000 made available 
under section 3 shall be available only for programs that facilitate 
and support independent broadcasting into and in Belarus on AM and FM 
bandwidths, including programming from the Voice of America and RFE/RL, 
Incorporated.
    (c) Reporting on Radio Broadcasting to and in Belarus.--Not later 
than 120 days after the date of enactment of this Act, the Secretary of 
State shall submit to the Committee on Foreign Relations of the Senate 
and the Committee on International Relations of the House of 
Representatives a report on how funds allocated under subsection (b) 
will be used to provide AM and FM broadcasting that covers the 
territory of Belarus and delivers to the people of Belarus programming 
free from censorship of the government of Lukashenka.

SEC. 5. SANCTIONS AGAINST THE LUKASHENKA REGIME.

    (a) Applications of Measures.--The sanctions described in this 
section and sections 6, 8, and 9, shall apply with respect to Belarus 
until the President determines and certifies to the appropriate 
congressional committees that the Government of Belarus has made 
significant progress in meeting the conditions described in subsection 
(b).
    (b) Conditions.--The conditions referred to in subsection (a) are 
the following:
            (1) The release of all those individuals who have been 
        jailed for their political views.
            (2) The withdrawal of politically motivated legal charges 
        against all opposition figures.
            (3) The provision of a full accounting of those opposition 
        leaders and journalists, including Victor Gonchar, Yuri 
        Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, who have 
        disappeared under mysterious circumstances, and the prosecution 
        of those individuals who are responsible for those 
        disappearances.
            (4) The cessation of all forms of harassment and repression 
        against the independent media, nongovernmental organizations, 
        and the political opposition.
            (5) The implementation of free and fair presidential and 
        parliamentary elections.
    (c) International Financial Institutions.--The Secretary of the 
Treasury shall instruct the United States executive directors of the 
international financial institutions to oppose, and vote against, any 
extension by those institutions of any financial assistance (including 
any technical assistance or grant) of any kind to the Government of 
Belarus, except for loans and assistance that serve basic human needs.
    (d) International Financial Institutions Defined.--In this section, 
the term international financial institution includes the International 
Monetary Fund, the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment Guaranty 
Agency, and the European Bank for Reconstruction and Development.

SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE UNITED STATES.

    (a) Blocking of Assets.--All property and interests in property, 
including all commercial, industrial, or public utility undertakings or 
entities, that are owned in whole or in part by the Government of 
Belarus, or by any member of the senior leadership of Belarus, that are 
in the United States, that hereafter come within the United States, or 
that are or hereafter come within the possession or control of United 
States persons, including their overseas branches, are hereby blocked.
    (b) Exercise of Authorities.--The Secretary of the Treasury, in 
consultation with the Secretary of State, shall take such actions, 
including the promulgation of regulations, orders, directives, rulings, 
instructions, and licenses, and employ all powers granted to the 
President by the International Emergency Economic Powers Act, as may be 
necessary to carry out subsection (a).
    (c) Prohibited Transfers.--Transfers prohibited under subsection 
(b) include payments or transfers of any property or any transactions 
involving the transfer of anything of economic value by any United 
States person to the Government of Belarus, or any person or entity 
acting for or on behalf of, or owned or controlled, directly or 
indirectly, by that government, or to any member of the senior 
leadership of Belarus.
    (d) Payment of Expenses.--All expenses incident to the blocking and 
maintenance of property blocked under subsection (a) shall be charged 
to the owners or operators of such property, which expenses shall not 
be met from blocked funds.
    (e) Prohibitions.--The following shall be prohibited as of the date 
of enactment of this Act:
            (1) The exportation to any entity owned, controlled, or 
        operated by the Government of Belarus, directly or indirectly, 
        of any goods, technology, or services, either--
                    (A) from the United States;
                    (B) requiring the issuance of a license for export 
                by a Federal agency; or
                    (C) involving the use of United States registered 
                vessels or aircraft, or any activity that promotes or 
                is intended to promote such exportation.
            (2) The performance by any United States person of any 
        contract, including a financing contract, in support of an 
        industrial, commercial, or public utility operated, controlled, 
        or owned by the Government of Belarus.
    (f) Exceptions.--Notwithstanding any other provision of this 
section, this section does not apply to--
            (1) assistance provided under section 3 or 4 of this Act;
            (2) those materials described in section 203(b)(3) of the 
        International Emergency Economic Powers Act relating to 
        informational materials; or
            (3) materials being sent to Belarus as relief in response 
        to a humanitarian crisis.
    (g) Statutory Construction.--Nothing in this Act prohibits any 
contract or other financial transaction with any private or 
nongovernmental organization or business in Belarus.

SEC. 7. DENYING ENTRY INTO THE UNITED STATES TO BELARUSIAN OFFICIALS.

    It is the sense of Congress that the President should use his 
authority under section 212(f) of the Immigration and Nationality Act 
(8 U.S.C. 1182(f)) to suspend the entry into the United States of any 
alien who--
            (1) holds a position in the senior leadership of the 
        Government of Belarus; or
            (2) is a spouse, minor child, or agent of a person 
        inadmissible under paragraph (1).

SEC. 8. PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.

    No computers, computer software, goods intended to manufacture or 
service computers, no technology intended to manufacture or service 
computers, or any other goods or technology may be exported to or for 
use by the Government of Belarus, or by any of the following entities 
of that government:
            (1) The military.
            (2) The police.
            (3) The prison system.
            (4) The national security agencies.

SEC. 9. PROHIBITION ON LOANS AND INVESTMENT.

    (a) United States Government Financing.--No loan, credit guarantee, 
insurance, financing, or other similar financial assistance may be 
extended by any agency of the United States Government (including the 
Export-Import Bank and the Overseas Private Investment Corporation) to 
the Government of Belarus.
    (b) Trade and Development Agency.--No funds made available by law 
may be available for activities of the Trade and Development Agency in 
or for Belarus.
    (c) Third Country Action.--Congress urges the Secretary of State to 
encourage all other countries, particularly European countries, to 
suspend any of their own programs providing support similar to that 
described in subsection (a) or (b) to the Government of Belarus, 
including the rescheduling of repayment of the indebtedness of that 
government under more favorable conditions.
    (d) Prohibition on Private Credits.--No United States person may 
make or approve any loan or other extension of credit, directly or 
indirectly, to the Government of Belarus or to any corporation, 
partnership, or other organization that is owned, operated, or 
controlled by the Government of Belarus.

SEC. 10. DENIAL OF GSP.

    (a) Finding.--Congress finds that the Government of Belarus has 
failed to respect internationally recognized worker rights.
    (b) Denial of GSP Benefits.--Congress approves the decision of the 
United States Government to deny tariff treatment under title V of the 
Trade Act of 1974 (the Generalized System of Preferences (GSP)) to 
Belarus.

SEC. 11. MULTILATERAL SANCTIONS.

    It is the sense of Congress that the President should continue to 
seek to coordinate with other countries, particularly European 
countries, a comprehensive, multilateral strategy to further the 
purposes of this Act, including, as appropriate, encouraging other 
countries to take measures similar to those described in this Act.

SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR PROPERTIES.

    It is the sense of Congress that, if an undemocratic and 
illegitimate Government of Belarus, enters into a union with the 
Russian Federation that results in the loss of sovereignty for Belarus, 
the United States should immediately withdraw any and all privileges 
and immunities under the Vienna Convention on Diplomatic Relations 
enjoyed by the personnel and property of the Government of Belarus and 
demand the immediate departure of such personnel from the United 
States.

SEC. 13. REPORTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, and every year thereafter, the President shall submit a 
report to the appropriate congressional committees reporting on--
            (1) assistance and commerce received by Belarus from other 
        foreign countries during the previous 12-month period;
            (2) the sales of weapons and weapons-related technologies 
        from Belarus during that 12-month period;
            (3) the relationship between the Lukashenka regime and the 
        Government of the Russian Federation; and
            (4) the personal assets and wealth of Aleksandr Lukashenka 
        and other senior leaders of the Government of Belarus.
    (b) Report Elements.--Each report required by subsection (a) shall, 
for the period covered by the report, contain, to the extent such 
information is known--
            (1) a description of all assistance, including humanitarian 
        assistance, provided to the Government of Belarus by foreign 
        governments and multilateral institutions;
            (2) a description of Belarus' commerce with foreign 
        countries, including the identification of Belarus' chief 
        trading partners and the extent of such trade;
            (3) a description of joint ventures completed, or under 
        construction by foreign nationals involving facilities in 
        Belarus; and
            (4) an identification of the countries that purchase or 
        have purchased, arms or military supplies from Belarus or that 
        have come into agreements with the Belarus Government that have 
        a military application, including--
                    (A) a description of the military supplies, 
                equipment, or other material sold, bartered, or 
                exchanged between Belarus and such countries; and
                    (B) a listing of the goods, services, credits, or 
                other consideration recieved by the Belarus government 
                in exchange for military supplies, equipment, or 
                material.

SEC. 14. SENSE OF CONGRESS.

    Congress hereby--
            (1) expresses its support to those in Belarus seeking--
                    (A) to promote democracy and the rule of law, to 
                consolidate the independence and sovereignty of 
                Belarus; and
                    (B) to promote its integration into the European 
                community of democracies;
            (2) expresses its grave concern about the disappearances of 
        Victor Gonchar, Yuri Krasovsky, Yuri Zakharenka, Dmitry 
        Zavadsky, and other members of the opposition and press;
            (3) calls upon Lukashenka's regime to cease its persecution 
        of political opponents and to release those, including Andrei 
        Klimov, who have been imprisoned for opposing his regime;
            (4) calls upon the Lukashenka regime to respect the basic 
        freedoms of speech, expression, assembly, association, 
        language, and religion;
            (5) calls upon Lukashenka to allow parliamentary and 
        presidential elections to be conducted that are free, fair, and 
        fully meet international standards;
            (6) calls upon the Government of Russia, the State Duma, 
        and the Federation Council to end its support, including 
        financial support, to the Lukashenka regime and to fully 
        respect the sovereignty and independence of the Republic of 
        Belarus;
            (7) calls upon the Government of Belarus to resolve the 
        continuing constitutional and political crisis through free, 
        fair, and transparent elections, including, as called for by 
        the Organization for Security and Cooperation in Europe (OSCE), 
        of which Belarus is a member--
                    (A) respect for human rights;
                    (B) an end to the current climate of fear;
                    (C) opposition and meaningful access to state 
                media;
                    (D) modification of the electoral code to make the 
                code more democratic;
                    (E) engaging in genuine talks with the opposition; 
                and
                    (F) permitting real power for the parliament.
            (8) calls upon other governments to refuse to use as 
        diplomatic residences or for any other purpose properties 
        seized by the Lukashenka regime from the Belarusian political 
        opposition;
            (9) calls upon the international community, including the 
        Government of Russia, to refuse to ratify or accept any treaty 
        signed by Aleksandr Lukashenka or any other official of his 
        government; and
            (10) commends the democratic opposition in Belarus for 
        their commitment to freedom, their courage in the face of 
        Lukashenka's brutal repression, and the unity and cooperation 
        their various political parties and nongovernmental 
        organizations demonstrated during the October 2000 
        parliamentary elections and the October 2001 presidential 
        elections and calls upon the democratic opposition of Belarus 
        to sustain that unity and cooperation as part of the effort to 
        bring an end to Lukashenka's dictatorship.

SEC. 15. DEFINITIONS.

    In this Act:
            (1) Senior leadership of belarus.--The term ``senior 
        leadership of Belarus'' includes--
                    (A) the President, Prime Minister, Deputy Prime 
                Ministers, government ministers, and deputy ministers 
                of Belarus;
                    (B) the Governor of the National Bank of Belarus;
                    (C) officials of the Belarus Committee for State 
                Affairs (BKGB), the police, and any other organ of 
                repression;
                    (D) any official of the Government of Belarus 
                involved in the suppression of freedom in Belarus, 
                including judges and prosecutors;
                    (E) any official of the Government of Belarus 
                directly appointed by Aleksandr Lukashenka; and
                    (F) officials of the presidential administration.
            (2) United states.--The term ``United States'' means the 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, dependency, or possession of the 
        United States.
            (3) United states person.--The term ``United States 
        person'' means any United States resident or national (other 
        than an individual resident outside the United States and 
        employed by other than a United States person), any domestic 
        concern (including any permanent domestic establishment of any 
        foreign concern) and any foreign subsidiary or affiliate 
        (including any permanent foreign establishment) of any domestic 
        concern which is controlled in fact by such domestic concern, 
        as determined under regulations of the President.
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