[Congressional Record Volume 149, Number 48 (Tuesday, March 25, 2003)]
[Senate]
[Pages S4378-S4380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Biden):
  S. 700. A bill to provide for the promotion of democracy, human 
rights, and rule of law in the Republic of Belarus and for the 
consolidation and strengthening of Belarus sovereignty and 
independence; to the Committee on Foreign Relations.
  Mr. CAMPBELL. Mr. President, as Co-Chairman of the Commission on 
Security and Cooperation in Europe, I have closely monitored 
developments in the Republic of Belarus and informed my Senate 
colleagues of disturbing trends in that nation. I have met with members 
of this fledgling democratic opposition who, at great personal risk, 
dare to speak out against the repressive regime led by Alexander 
Lukashenka. I have met with the courageous wives whose husbands 
disappeared because they stood up to the regime and would not be 
silent. Against the backdrop of this climate of fear, the powers of the 
state have been brought to bear against independent journalists, trade 
unionists, and other voices of dissent.
  Increasingly, Belarus has been driven into self-imposed isolation 
under Lukashenka devoid of legitimate leadership or accountability. A 
little over a year ago I addressed the Senate to voice concern over 
reported arms deals between the regime and rouge states, including 
Iraq. It appears that such sales have taken on greater importance as 
the Belarusian economy spirals downward.
  While some might be tempted to dismiss Belarus as an anomaly, the 
stakes are too high and the costs too great to ignore. Accordingly, 
today, I am introducing the Belarus Democracy Act of 2003, which is 
designed to help put an end to repression and human rights violations 
in Belarus and to promote Belarus' entry into a democratic Euro-
Atlantic community of nations.
  As a participating State in the Organization for Security and 
Cooperation in Europe, OSCE, Belarus has accepted a series of norms in 
the areas of democracy, human rights and the rule of law. As Europe's 
last dictator, Lukashenka continues to brashly trample the fundamental 
rights of his own people and their culture.
  As I alluded to earlier, independent media, non-governmental 
organizations, trade unions and the democratic opposition have had to 
operate under extremely difficult conditions, often facing serious 
mistreatment and an orchestrated campaign of harassment. Despite the 
repressions there are courageous individuals who support democracy have 
not been silenced. Two weeks ago, for example, Alexander Yarashuk, the 
leader of the Belarusian Congress of Democratic Trade Unions, called on 
Lukashenka to immediately cease backing Saddam. Moreover, just last 
week, on March 12, thousands gathered peacefully in a central Minsk 
square to protest deteriorating economic and social conditions in 
Belarus. Four of the rally's organizers--Andrei Sannikov, Ludmila 
Gryaznova, Dmitry Bondarenko and Leonid Malakhov--were given 15 day 
jail sentences for ``participation in unauthorized mass actions.''
  Despite calls for change within Belarus, and considerable prodding 
from the international community, Lukashenka has shown no desire to 
deviate from his path of authoritarianism and personal profit at the 
expense of his own people. A few months ago, Lukashenka, who 
effectively controls the Belarusisn parliament, signed into law a new, 
repressive religion law. Local elections held earlier this month 
followed the pattern of Belarus' 2000 parliamentary and 2001 
presidential elections--they were a joke. Control of election 
commissions, denials of registration for opposition candidates, ``early 
voting'' and outright falsifications were the norm.
  The Belarus Democracy Act of 2003 would authorize additional 
assistance for democracy-building activities such as support for NGOs, 
independent media, including radio and television broadcasting to 
Belarus, and international exchanges. It also encourages free and fair 
parliamentary elections, which have been notably absent in Belarus. 
This bill would also deny high-ranking officials of the Lukashenka 
regime entry into the United States. Additionally, strategic exports to 
the Belarusian Government would be prohibited, as well as U.S. 
Government financing except for humanitarian goods and agricultural or 
medical products. The U.S. executive directors of the international 
financial institutions would be encouraged to vote against financial 
assistance to the Government of Belarus except for loans and assistance 
for humanitarian needs. The bill would also require reports from the 
President concerning the sale of delivery of weapons or weapons-related 
technologies from Belarus to rouge states, including Iraq and North 
Korea.
  I am very pleased that the Ranking Member of the Committee on Foreign 
Relations, Senator Biden, is an original cosponsor of this measure. His 
support will ensure that we proceed on a bipartisan basis as we work to 
ensure the timely adoption and implementation of this legislation.
  The goal of the Belarus Democracy Act is to assist Belarus in 
becoming a genuine European state, in which respect for human rights 
and democracy is the norm and in which the long-suffering Belarusian 
people are able to overcome the legacy of dictatorship--past and 
present. Adoption and implementation of the Belarus Democracy Act will 
offer a ray of hope that the current period of political, economic and 
social stagnation will indeed end. The people of Belarus deserve a 
chance for a brighter future free of repression and fear.

[[Page S4379]]

  I ask unanimous consent that the text of the Belarus Democracy Act be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 700

       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 
     2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The United States supports the promotion of democracy, 
     respect for human rights, and the rule of law in the Republic 
     of Belarus consistent with its commitments as a participating 
     state of the Organization for Security and Cooperation in 
     Europe (OSCE).
       (2) The United States has a vital interest in the 
     independence and sovereignty of the Republic of Belarus and 
     its integration into the European community of democracies.
       (3) The last parliamentary election in Belarus deemed to be 
     free and fair by the international community was conducted in 
     1995 from which emerged the 13th Supreme Soviet whose 
     democratically and constitutionally derived authorities and 
     powers have been usurped by the authoritarian regime of 
     Belarus President Aleksandr Lukashenka.
       (4) In November 1996, Lukashenka orchestrated 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, and extend his term of office to 2001.
       (5) In May 1999, democratic forces in Belarus challenged 
     Lukashenka's unconstitutional extension of his presidential 
     term by staging alternative presidential elections which were 
     met with repression.
       (6) Democratic forces in Belarus have organized peaceful 
     demonstrations against the Lukashenka regime in cities and 
     towns throughout Belarus which led to beatings, mass arrests, 
     and extended incarcerations.
       (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, 
     who have been leaders and supporters of the democratic forces 
     in Belarus, and Dmitry Zavadsky, a journalist known for his 
     critical reporting in Belarus, have disappeared and are 
     presumed dead.
       (8) Former Belarus Government officials have come forward 
     with credible allegations and evidence that top officials of 
     the Lukashenka regime were involved in the disappearances.
       (9) The Lukashenka regime systematically harasses and 
     represses the independent media and independent trade unions, 
     imprisons independent journalists, and actively suppresses 
     freedom of speech and expression.
       (10) The Lukashenka regime harasses the autocephalic 
     Belarusian Orthodox Church, the Roman Catholic Church, the 
     Jewish community, the Hindu Lights of Kalyasa community, 
     evangelical Protestant churches (such as Baptist and 
     Pentecostal groups), and other minority religious groups.
       (11) The Law on Religious Freedom and Religious 
     Organizations, passed by the National Assembly and signed by 
     Lukashenka on October 31, 2002, establishes one of the most 
     repressive legal regimes in the OSCE region, severely 
     limiting religious freedom and placing excessively burdensome 
     government controls on religious practice.
       (12) The United States, the European Union, the North 
     Atlantic Treaty Organization (NATO) Parliamentary Assembly, 
     and the OSCE Parliamentary Assembly have not recognized the 
     National Assembly.
       (13) The parliamentary elections of October 15, 2000, 
     conducted in the absence of a democratic election law, were 
     illegitimate, unconstitutional, and plagued by violent human 
     rights abuses committed by the Lukashenka regime, and have 
     been determined by the OSCE to be nondemocratic.
       (14) The presidential election of September 9, 2001, was 
     determined by the OSCE and other observers to be 
     fundamentally unfair, to have failed to meet OSCE commitments 
     for democratic elections formulated in the 1990 Copenhagen 
     Document, and to have featured significant and abusive 
     misconduct by the Lukashenka regime, including--
       (A) the harassment, arrest, and imprisonment of opposition 
     members;
       (B) the denial of equal and fair access by opposition 
     candidates to 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, and 
     opposition and independent media, and a libelous media 
     campaign against international observers.

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

       (a) Purposes of Assistance.--Assistance under this section 
     shall be available for the following purposes:
       (1) To assist the people of the Republic of Belarus in 
     regaining their freedom and to enable them to join the 
     European community of democracies.
       (2) To encourage free and fair presidential, parliamentary, 
     and local elections in Belarus, conducted in a manner 
     consistent with internationally accepted standards and under 
     the supervision of internationally recognized observers.
       (3) To assist in restoring and strengthening institutions 
     of democratic governance in Belarus.
       (b) Authorization for Assistance.--To carry out the 
     purposes set forth in subsection (a), the President is 
     authorized to furnish assistance and other support for the 
     activities described in subsection (c), to be provided 
     primarily for indigenous groups in Belarus that are committed 
     to the support of democratic processes in Belarus.
       (c) Activities Supported.--Activities that may be supported 
     by assistance under subsection (b) include--
       (1) the observation of elections and the promotion of free 
     and fair electoral processes;
       (2) the development of democratic political parties;
       (3) radio and television broadcasting to and within 
     Belarus;
       (4) the development of nongovernmental organizations 
     promoting democracy and supporting human rights;
       (5) the development of independent media working within 
     Belarus and from locations outside 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 matters central to the development of civil 
     society; and
       (7) other activities consistent with the purposes of this 
     Act.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the President to carry out this section $40,000,000 for 
     fiscal years 2004 and 2005.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations under paragraph (1) 
     are authorized to remain available until expended.

     SEC. 4. RADIO BROADCASTING TO BELARUS.

       (a) Purpose.--It is the purpose of this section to 
     authorize increased support for United States Government and 
     surrogate radio broadcasting to the Republic of Belarus that 
     will facilitate the unhindered dissemination of information 
     in Belarus.
       (b) Authorization of Appropriations.--In addition to such 
     sums as are otherwise authorized to be appropriated, there is 
     authorized to be appropriated $5,000,000 for each fiscal year 
     for Voice of America and RFE/RL, Incorporated for radio 
     broadcasting to the people of Belarus in languages spoken in 
     Belarus.
       (c) Report on Radio Broadcasting to and in Belarus.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Secretary of State shall submit to the appropriate 
     congressional committees a report on how funds appropriated 
     and allocated pursuant to the authorizations of 
     appropriations under subsection (b) and section 3(d) will be 
     used to provide AM and FM broadcasting that covers the 
     territory of Belarus and delivers independent and uncensored 
     programming.

     SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

       (a) Application of Sanctions.--The sanctions described in 
     subsections (c) and (d), and any sanction imposed under 
     subsection (e) or (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) Conditions.--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 figures 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 the individuals who are responsible for 
     their disappearances.
       (4) The cessation of all forms of harassment and repression 
     against the independent media, independent trade unions, 
     nongovernmental organizations, religious organizations 
     (including their leadership and members), and the political 
     opposition in Belarus.
       (5) The implementation of free and fair presidential and 
     parliamentary elections in Belarus consistent with 
     Organization for Security and Cooperation in Europe (OSCE) 
     standards on democratic elections and in cooperation with 
     relevant OSCE institutions.
       (c) Prohibition on Strategic Exports to Belarus.--
       (1) Prohibition.--No computers, computer software, goods, 
     or technology intended to manufacture or service computers, 
     or any other related goods or technology, may be exported to 
     Belarus for use by the Government of Belarus, or by its 
     military, police, prison system, or national security 
     agencies. The prohibition in the preceding sentence shall not 
     apply with respect to the export of goods or technology for 
     democracy-building or humanitarian purposes.
       (2) Rule of construction.--Nothing in this subsection shall 
     prevent the issuance of licenses to ensure the safety of 
     civil aviation and safe operation of commercial passenger

[[Page S4380]]

     aircraft of United States origin or to ensure the safety of 
     ocean-going maritime traffic in international waters.
       (d) Prohibition on Loans and Investment.--
       (1) 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, 
     except with respect to the provision of humanitarian goods 
     and agricultural or medical products.
       (2) Trade and development agency.--No funds available to 
     the Trade and Development Agency may be available for 
     activities of the Agency in or for Belarus.
       (e) Denial of Entry Into United States of Certain Belarus 
     Officials.--
       (1) Denial of entry.--It is the sense of Congress that, in 
     addition to the sanctions provided for in subsections (c) and 
     (d), the President should use 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--
       (A) holds a position in the senior leadership of the 
     Government of Belarus; or
       (B) is a spouse, minor child, or agent of a person 
     described in subparagraph (A).
       (2) Senior leadership of the government of belarus 
     defined.--In this subsection, the term ``senior leadership of 
     the Government of Belarus'' includes--
       (A) the President, Prime Minister, Deputy Prime Ministers, 
     government ministers, Chairmen of State Committees, and 
     members of the Presidential Administration of Belarus;
       (B) any official of the Government of Belarus who is 
     personally and substantially involved in the suppression of 
     freedom in Belarus, including judges and prosecutors; and
       (C) any other individual determined by the Secretary of 
     State (or the Secretary's designee) to be personally and 
     substantially involved in the formulation or execution of the 
     policies of the Lukashenka regime in Belarus that are in 
     contradiction of internationally recognized human rights 
     standards.
       (f) Multilateral Financial Assistance.--It is the sense of 
     Congress that, in addition to the sanctions provided for in 
     subsections (c) and (d), the Secretary of the Treasury should 
     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.
       (g) Waiver.--The President may waive the application of any 
     sanction described in this section with respect to Belarus if 
     the President determines and certifies to the appropriate 
     congressional committees that it is important to the national 
     interests of the United States to do so.

     SEC. 6. MULTILATERAL COOPERATION.

       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 with respect to the Republic of Belarus that 
     are similar to measures provided for in this Act.

     SEC. 7. ANNUAL REPORTS.

       (a) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, and every year thereafter, the 
     President shall transmit to the appropriate congressional 
     committees a report that describes, with respect to the 
     preceding 12-month period, the following:
       (1) The sale or delivery of weapons or weapons-related 
     technologies from the Republic of Belarus to any country, the 
     government of which the Secretary of State has determined, 
     for purposes of section 6(j)(1) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly 
     provided support for acts of international terrorism.
       (2) An identification of each country described in 
     paragraph (1) and a detailed description of the weapons or 
     weapons-related technologies involved in the sale.
       (3) An identification of the goods, services, credits, or 
     other consideration received by Belarus in exchange for the 
     weapons or weapons-related technologies.
       (4) The personal assets and wealth of Aleksandr Lukashenka 
     and other senior leadership of the Government of Belarus.
       (b) Form.--A report transmitted pursuant to subsection (a) 
     shall be in unclassified form but may contain a classified 
     annex.

     SEC. 8. DECLARATION OF POLICY.

       Congress hereby--
       (1) expresses its support to those in the Republic of 
     Belarus seeking--
       (A) to promote democracy, human rights, and the rule of law 
     and to consolidate the independence and sovereignty of 
     Belarus; and
       (B) to promote the integration of Belarus into the European 
     community of democracies;
       (2) expresses its grave concern about the disappearances of 
     Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and 
     Dmitry Zavadsky;
       (3) calls upon the Lukashenka regime in Belarus to cease 
     its persecution of political opponents or independent 
     journalists and to release those individuals who have been 
     imprisoned for opposing his regime or for exercising their 
     right to freedom of speech;
       (4) calls upon the Lukashenka regime to end the pattern of 
     clear, gross, and uncorrected violations of relevant human 
     dimension commitments of the Organization for Security and 
     Cooperation in Europe (OSCE), and to respect the basic 
     freedoms of speech, expression, assembly, association, 
     language, culture, and religion or belief;
       (5) calls upon the Government of the Russian Federation to 
     use its influence to encourage democratic development in 
     Belarus so that Belarus can become a democratic, prosperous, 
     sovereign, and independent state that is integrated into 
     Europe;
       (6) calls upon the Government of Belarus to resolve the 
     continuing constitutional and political crisis in Belarus 
     through--
       (A) free, fair, and transparent presidential and 
     parliamentary elections in Belarus, as called for by the 
     OSCE;
       (B) respect for human rights in Belarus;
       (C) an end to the current climate of fear in Belarus;
       (D) meaningful access by the opposition to state media in 
     Belarus;
       (E) modification of the electoral code of Belarus in 
     keeping with OSCE commitments;
       (F) engagement in genuine talks with the opposition in 
     Belarus; and
       (G) modifications of the constitution of Belarus to allow 
     for genuine authority for the parliament; and
       (7) commends the democratic opposition in Belarus for their 
     commitment to freedom, their courage in the face of the 
     repression of the Lukashenka regime, and the emergence of a 
     pluralist civil society in Belarus--the foundation for the 
     development of democratic political structures.

     SEC. 9. DEFINITION.

       In this Act, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on International Relations of the House 
     of Representatives; and
       (2) the Committee on Foreign Relations of the Senate.
                                 ______