109 HR 5948 IH: To reauthorize the Belarus Democracy Act of
U.S. House of Representatives
2006-07-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Belarus
Democracy Reauthorization Act of 2006
.
2.Section 2 of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) is amended to read as follows:
2.Congress makes the following
findings:
(1)The Government of the Republic of Belarus
has engaged in a pattern of clear, gross, and uncorrected violations of human
rights and fundamental freedoms.
(2)The Government of
Belarus has engaged in a pattern of clear, gross, and uncorrected violations of
basic principles of democratic governance, including through a series of
fundamentally flawed presidential and parliamentary elections undermining the
legitimacy of executive and legislative authority in that country.
(3)The most recent presidential elections in
Belarus held on March 19, 2006, failed to meet the commitments of the
Organization for Security and Cooperation in Europe (OSCE) for democratic
elections and the arbitrary use of state power and widespread detentions show a
disregard for the basic rights of freedom of assembly, association, and
expression, and raise doubts regarding the willingness of authorities in
Belarus to tolerate political competition.
(4)The regime of Aleksandr Lukashenka has
maintained power in Belarus by orchestrating an illegal and unconstitutional
referendum that enabled him to impose a new constitution, abolish the
duly-elected parliament, the 13th Supreme Soviet, install a largely powerless
National Assembly, extend his term of office, and remove applicable term
limits.
(5)The Government of
Belarus has failed to make a credible effort to solve the cases of disappeared
opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky in
1999 and journalist Dmitry Zavadsky in 2000, even though credible allegations
and evidence exist linking top officials of the Lukashenka regime with these
disappearances.
(6)Political
opposition figures Mikhail Marynich, Mikalay Statkevych, Pavel Sevyarinets,
Andrei Klimau, Valery Levaneusky, and Siarhei Skrebets have been imprisoned or
served corrective labor
sentences because of their political
activity.
(7)Hundreds of pro-democratic political
activists have been subjected to frequent harassment and jailings, especially
during, and in the aftermath of the fatally flawed March 19, 2006, presidential
elections in Belarus.
(8)The Government of
Belarus has attempted to maintain a monopoly over the country’s information
space, targeting independent media for systematic reprisals and elimination,
while suppressing the right to freedom of speech and expression of those
dissenting from the regime.
(9)The Belarusian
authorities have perpetuated a climate of fear in Belarus by mounting a
systematic crackdown on civil society through the harassment, repression, and
closure of nongovernmental organizations and independent trade unions.
(10)The Lukashenka
regime has increasingly subjected leaders and members of minority and
unregistered religious communities to harassment, including the imposition of
heavy fines, denying permission to meet for religious services, prosecutions,
and jail terms for activities in the practice of their faith.
(11)The Belarusian authorities have further
attempted to silence dissent through retribution against human rights and
pro-democracy activists through threats, firings, expulsions, beatings and
other forms of
intimidation.
.
3.The Belarus Democracy
Act of 2004 (22 U.S.C. 5811 note) is amended—
(1)by striking
section 8;
(2)by
redesignating sections 3 through 7 as sections 4 through 8, respectively;
and
(3)inserting after
section 2 the following new section:
3.It is the policy of the
United States—
(1)to support the aspirations of the people of
the Republic of Belarus for democracy, human rights, and the rule of law;
(2)to support the
aspirations of the people of the Republic of Belarus to preserve the
independence and sovereignty of their country;
(3)to seek and
support the growth of democratic movements and institutions in Belarus, with
the ultimate goal of ending tyranny in that country;
(4)to refuse to accept the results of the
fatally flawed March 19, 2006, presidential elections held in Belarus and
support the call for new presidential elections; and
(5)to work closely
with other countries and international organizations, including the European
Union, to promote the conditions necessary for the integration of Belarus into
the European community of
democracies.
.
4.Assistance to
promote democracy and civil society in Belarus
(a)Section 4(a) of the Belarus Democracy Act of 2004 (22
U.S.C. 5811 note) (as redesignated) is amended—
(1)in paragraph (1),
by striking regaining their freedom and to enable them
and
inserting their pursuit of freedom, democracy, and human rights and in
their aspiration
;
(2)in paragraph
(2)—
(A)by striking
free and fair
and inserting free, fair, and
transparent
; and
(B)by adding at the
end before the period the following: and independent domestic
observers
; and
(3)in paragraph (3),
by striking restoring and strengthening institutions of democratic
governance
and inserting the development of a democratic
political culture and civil society
.
(b)Section 4(c) of the Belarus Democracy Act of 2004 (22
U.S.C. 5811 note) (as redesignated) is amended—
(1)by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
(2)by striking
paragraphs (1) through (5) and inserting the following new paragraphs:
(1)expanding independent radio and television
broadcasting to and within Belarus;
(2)facilitating the
development of independent broadcast, print, and Internet media working within
Belarus and from locations outside the country and supported by
nonstate-controlled printing facilities;
(3)aiding the
development of civil society through assistance to nongovernmental
organizations promoting democracy and supporting human rights, including youth
groups, entrepreneurs, and independent trade unions;
(4)supporting the work
of human rights defenders;
(5)enhancing the
development of democratic political parties;
(6)assisting the promotion of free, fair, and
transparent electoral processes;
;
and
(3)in paragraph (7)
(as redesignated), by inserting enhancing
before
international exchanges
.
(c)Authorization of
appropriations
(1)Section
4(d) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as
redesignated) is amended—
(A)by striking
such sums as may be necessary
and inserting
$20,000,000
; and
(B)by striking
2005 and 2006
and inserting 2007 and 2008
.
(2)The amendments made by paragraph (1) shall not be
construed to affect the availability of funds appropriated pursuant to the
authorization of appropriations under section 4(d) of the Belarus Democracy Act
of 2004 (as redesignated) before the date of the enactment of this Act.
5.Radio and
television broadcasting to Belarus
(a)Section 5(a) of the Belarus Democracy Act
of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking
radio broadcasting
and inserting radio and television
broadcasting
.
(b)Authorization of
appropriations
(1)Section
5(b) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as
redesignated) is amended—
(A)by striking
such sums as may be necessary
and inserting
$7,500,000
;
(B)by striking
fiscal year 2005 and each subsequent fiscal year
and inserting
each of the fiscal years 2007 and 2008
; and
(C)by striking
radio broadcasting
and inserting radio and television
broadcasting
.
(2)The amendments made by paragraph (1) shall not be
construed to affect the availability of funds appropriated pursuant to the
authorization of appropriations under section 5(b) of the Belarus Democracy Act
of 2004 (as redesignated) before the date of the enactment of this Act.
(c)Section 5 of the
Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is
amended in the heading by striking Radio broadcasting
and
inserting Radio and
television broadcasting
.
6.Sanctions against
the Government of Belarus
(a)Section 6 of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) (as redesignated) is amended to read as
follows:
6.Sanctions against
the Government of Belarus
(a)The sanctions
described in subsections (c) through (f) shall apply with respect to the
Republic of 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)The conditions referred to in subsection
(a) are the following:
(1)The release of
individuals in Belarus who have been jailed based on political or religious
beliefs.
(2)The withdrawal of
politically motivated legal charges against all opposition activists and
independent journalists in Belarus.
(3)A full accounting
of the disappearances of opposition leaders and journalists in Belarus,
including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry
Zavadsky, and the prosecution of those individuals who are in any way
responsible for their disappearances.
(4)The cessation of
all forms of harassment and repression against the independent media,
independent trade unions, nongovernmental organizations, youth groups,
religious organizations (including their leadership and members), and the
political opposition in Belarus.
(5)The prosecution of
senior leadership of the Government of Belarus responsible for the
administration of fraudulent elections.
(6)A full accounting
of the embezzlement of state assets by senior leadership of the Government of
Belarus, their family members, and other associates.
(7)The holding of
free, fair and transparent presidential and parliamentary elections in Belarus
consistent with OSCE standards and under the supervision of internationally
recognized observers and independent domestic observers.
(c)Denial of entry
into the United States of senior leadership of the Government of
BelarusNotwithstanding any
other provision of law, the Secretary of State shall exercise the authority
under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f))
to deny the entry into the United States of any alien who—
(1)holds a position
in the senior leadership of the Government of Belarus;
(2)is a family member
or person closely linked to a person inadmissible under subparagraph (A);
or
(3)through his or her business dealings with
senior leadership of the Government of Belarus derives significant financial
benefit from policies or actions, including electoral fraud, human rights
abuses, or corruption, that undermine or injure democratic institutions or
impede the transition to democracy in Belarus.
(d)Prohibition on
loans and investment
(1)United States
Government financingNo loan,
credit guarantee, insurance, financing, or other similar foreign assistance may
be extended by any agency of the Government of the United States (including the
Export-Import Bank of the United States and the Overseas Private Investment
Corporation) to the Government of Belarus, except with respect to the provision
of humanitarian goods and agricultural or medical products.
(2)Trade and
development agencyNo funds
available to the Trade and Development Agency may be available for activities
of the Agency in or for Belarus.
(e)Multilateral
financial assistanceThe
Secretary of the Treasury shall instruct the United States Executive Director
of each international financial institution to which the United States is a
member to use the voice and vote of the United States to oppose 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 humanitarian needs.
(f)Blocking of
assets and other prohibited activities
(1)The President shall block all property and interests in
property, including all commercial, industrial, or public utility undertakings
or entities, that, on or after the date of the enactment of the Belarus
Democracy Reauthorization Act of 2006—
(A)are owned, in whole or in part, by the
Government of Belarus, or by any member or family member closely linked to any
member of the senior leadership of the Government of Belarus, or any person who
through his or her business dealings with senior leadership of the Government
of Belarus derives significant financial benefit from policies or actions,
including electoral fraud, human rights abuses, or corruption, that undermine
or injure democratic institutions or impede the transition to democracy in
Belarus; and
(B)are in the United
States, or in the possession or control of the Government of the United States
or of any United States financial institution, including any branch or office
of such financial institution that is located outside the United States.
(2)Activities
prohibited by reason of the blocking of property and interests in property
under paragraph (1) shall include—
(A)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, to 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 the Government of Belarus;
(B)the export or reexport to any entity owned,
controlled, or operated by the Government of Belarus, directly or indirectly,
of any goods, technology, or services, either—
(i)by a United States
person; or
(ii)involving the use
of any air carrier (as defined in section 40102 of title 49, United States
Code) or a vessel documented under the laws of the United States; and
(C)the performance by
any United States person of any contract, including a contract providing a loan
or other financing, in support of an industrial, commercial, or public utility
operated, controlled, or owned by the Government of Belarus.
(3)All expenses incident to the blocking and maintenance of
property blocked under paragraph (1) shall be charged to the owners or
operators of such property. Such expenses may not be paid from blocked
funds.
(4)Nothing in this subsection shall be construed to
prohibit any contract or other financial transaction with any private or
nongovernmental organization or business in Belarus.
(5)Paragraphs (1) and (2) do not apply
to—
(A)assistance
authorized under section 4 or 5 of this Act; or
(B)medicine, medical equipment or supplies,
food, as well as any other form of humanitarian assistance provided to Belarus
as relief in response to a humanitarian crisis.
(6)Any
person who violates any prohibition or restriction imposed under this
subsection shall be subject to the penalties under section 6 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent
as for a violation under that Act.
(7)In
this subsection:
(A)The term air carrier
has the meaning given
that term in section 40102 of title 49, United States Code.
(B)The term United States person
means—
(i)any United States
citizen or alien admitted for permanent residence to the United States;
(ii)any entity
organized under the laws of the United States, and any foreign branch or
subsidiary of such an entity; and
(iii)any person in
the United States.
(g)The President may waive the application of
any sanction described in subsections (c) through (f) with respect to the
Republic of Belarus if the President determines and certifies to the
appropriate congressional committees that it is vital to the national interests
of the United States to do
so.
.
(b)The sanctions described
in subsections (c) through (f) of section 6 of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) (as amended by subsection (a)) shall apply with
respect to the Republic of Belarus beginning 30 days after the date of the
enactment of this Act.
7.Section 7 of the
Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is
amended—
(1)by
striking to coordinate with
and inserting the support
of
; and
(2)by
striking a comprehensive
and inserting for a
comprehensive
.
8.Section 9(3) of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) is amended—
(1)in subparagraph
(A), by inserting governors, heads of state enterprises,
after
Chairmen of State Committees,
; and
(2)in subparagraph
(B)—
(A)by striking
who is
and inserting the following:
who—(i)is
;
(B)by striking
and
at the end and inserting or
; and
(C)by adding at the
end the following new clause:
(ii)is
otherwise engaged in public corruption in Belarus;
and
.