[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46257-46258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15722]


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DEPARTMENT OF STATE

[Public Notice 5152]


Determination and Certification Related To Colombian Armed Forces 
Under Section 563 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, Division D, Consolidated 
Appropriations Act, 2004 (Pub. L. 108-199) and Section 556 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, Division D, Consolidated Appropriations Act, 2005 
(Pub. L. 108-447)

    Pursuant to the authority vested in me as Secretary of State, 
including under section 563 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act (FOAA), 2004 
(Division D, Pub. L. 108-199), and section 556 of the FOAA, 2005 
(Division D, Pub. L. 108-447), I hereby determine and certify that the 
Colombian Armed Forces and the Colombian Government, as applicable, 
are:
    (i) In accordance with the conditions contained in section 
563(a)(3) of the FY 2004 FOAA, continuing to meet the conditions 
contained in (A) through (E) below and are conducting vigorous 
operations to restore government authority and respect for human rights 
in areas under the effective control of paramilitary and guerilla 
organizations; and (ii) in accordance with the conditions contained in 
section 556(a)(2) of the FY 2005 FOAA are meeting the conditions 
contained in (A) through (E) below.
    The above-mentioned conditions are that: (A) The Commander General 
of the Colombian Armed Forces is suspending from the Armed Forces those 
members, of whatever rank who, according to the Minister of Defense or 
the Procuraduria General de la Nacion, have been

[[Page 46258]]

credibly alleged to have committed gross violations of human rights, 
including extra-judicial killings, or to have aided or abetted 
paramilitary organizations; (B) The Colombian Government is vigorously 
investigating and prosecuting those members of the Colombian Armed 
Forces, of whatever rank, who have been credibly alleged to have 
committed gross violations of human rights, including extra-judicial 
killings, or to have aided or abetted paramilitary organizations, and 
is promptly punishing those members of the Colombian Armed Forces found 
to have committed such violations of human rights or to have aided or 
abetted paramilitary organizations; (C) The Colombian Armed Forces have 
made substantial progress in cooperating with civilian prosecutors and 
judicial authorities in such cases (including providing requested 
information, such as the identity of persons suspended from the Armed 
Forces and the nature and cause of the suspension, and access to 
witnesses, relevant military documents, and other requested 
information); (D) The Colombian Armed Forces have made substantial 
progress in severing links (including denying access to military 
intelligence, vehicles, and other equipment or supplies, and ceasing 
other forms of active or tacit cooperation) at the command, battalion, 
and brigade level, with paramilitary organizations, especially in 
regions where these organizations have a significant presence; (E) The 
Colombian Armed Forces, and the Colombian Government, are dismantling 
paramilitary leadership and financial networks by arresting commanders 
and financial backers, especially in regions where these networks have 
a significant presence.
    The Department of State has consulted with internationally 
recognized human rights organizations regarding the Colombian Armed 
Forces' progress in meeting the abovementioned conditions as provided 
in sections 563(c) and 556(c), of the FY 2004 and FY 2005 FOAAs, 
respectively.
    This Determination shall be published in the Federal Register and 
copies shall be transmitted to the appropriate committees of Congress.

    Dated: August 1, 2005.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. 05-15722 Filed 8-8-05; 8:45 am]
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