22 U.S.C. § 2295a — Criteria for assistance to governments of

Page 766 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295a 1 So in original. Probably should be ‘‘Baltic’’. using local languages as appropriate and as possible, to disseminate throughout the Russian Federation infor- mation relating to democracy, free-market economics, the rule of law, and human rights.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title, and section 3(b) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set out as a note under section 5812 of this title. § 2295a. Criteria for assistance to governments of the independent states (a) In general In providing assistance under this part 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 implementa- tion of, a democratic system based on prin- ciples of the rule of law, individual freedoms, and representative government determined by free and fair elections; (2) make significant progress in, and is com- mitted to the comprehensive implementation of, economic reform based on market prin- ciples, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intel- lectual property and respect for contracts); (3) respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigra- tion; (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; (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 expendi- tures 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 signifi- cant transborder pollution, and promote sus- tainable use of natural resources; (8) deny support for acts of international ter- rorism; (9) accept responsibility for paying an equi- table portion of the indebtedness to United States firms incurred by the former Soviet Union; (10) cooperate with the United States Gov- ernment in uncovering all evidence regarding Americans listed as prisoners-of-war, or other- wise missing during American operations, who were detained in the former Soviet Union dur- ing the Cold War; and (11) terminate support for the communist re- gime in Cuba, including removal of troops, closing military and intelligence facilities, in- cluding the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other as- sistance. (b) Ineligibility for assistance The President shall not provide assistance under this part— (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 October 24, 1992, knowingly transferred to another country— (A) missiles or missile technology incon- sistent with the guidelines and parameters of the Missile Technology Control Regime; or (B) any material, equipment, or tech- nology that would contribute significantly to the ability of such country to manufac- ture any weapon of mass destruction (in- cluding nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufac- ture of such weapon; (4) for the government of any independent state that is prohibited from receiving such assistance by section 2799aa or 2799aa–1 of this title or sections 5604(a)(1) and 5605 of this title; (5) 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 deter- mination within that 30-day period) that such government is providing assistance for, or en- gaging in nonmarket based trade (as defined in section 2295b(k)(3) of this title) with, the Cuban Government; or (6) for the Government of Russia if it has failed to make significant progress on the re- moval of Russian or Commonwealth of Inde- pendent 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 sov- ereignty of the Baltics 1 states. Page 767 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295a (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 sub- section (b)(4), may be furnished under any of the following circumstances: (1) The President determines that furnishing such assistance is important to the national interest of the United States. (2) The President determines that furnishing such assistance will foster respect for inter- nationally recognized human rights and the rule of law or the development of institutions of democratic governance. (3) The assistance is furnished for the allevi- ation of suffering resulting from a natural or man-made disaster. (4) The assistance is provided under the sec- ondary school exchange program administered by the United States Information Agency. The President shall immediately report to the Congress any determination under paragraph (1) or (2) or any decision to provide assistance under paragraph (3). (d) Reduction in assistance for support of intel- ligence facilities in Cuba (1) Reduction in assistance Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after March 12, 1996, for an independent state of the former Soviet Union under this chapter an amount equal to the sum of assistance and credits, if any, provided on or after March 12, 1996, by such state in sup- port of intelligence facilities in Cuba, includ- ing the intelligence facility at Lourdes, Cuba. (2) Waiver (A) The President may waive the require- ment of paragraph (1) to withhold assistance if the President certifies to the appropriate con- gressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Rus- sian Government has assured the United States Government that the Russian Govern- ment is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government. (B) At the time of a certification made with respect to Russia under subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Govern- ment provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility. (C) The report required by subparagraph (B) may be submitted in classified form. (D) For purposes of this paragraph, the term ‘‘appropriate congressional committees’’ in- cludes the Permanent Select Committee on In- telligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (3) Exceptions to reductions in assistance The requirement of paragraph (1) to with- hold assistance shall not apply with respect to— (A) assistance to meet urgent humani- tarian needs, including disaster and refugee relief; (B) democratic political reform or rule of law activities; (C) technical assistance for safety up- grades of civilian nuclear power plants; (D) the creation of private sector or non- governmental organizations that are inde- pendent of government control; (E) the development of a free market eco- nomic system; (F) assistance under the secondary school exchange program administered by the United States Information Agency; or (G) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103–160) [22 U.S.C. 5951 et seq.]. (Pub. L. 87–195, pt. I, § 498A, as added Pub. L. 102–511, title II, § 201, Oct. 24, 1992, 106 Stat. 3326; amended Pub. L. 103–236, title VIII, § 826(c), Apr. 30, 1994, 108 Stat. 519; Pub. L. 104–114, title I, § 106(b), (c)(1), (3), (d)(2), Mar. 12, 1996, 110 Stat. 795–797.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(1), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Cooperative Threat Reduction Act of 1993, re- ferred to in subsec. (d)(3)(G), is title XII of div. A of Pub. L. 103–160, Nov. 30, 1993, 107 Stat. 1777, which is classified generally to chapter 68A (§ 5951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5951 of this title and Tables. AMENDMENTS 1996—Subsec. (a)(11). Pub. L. 104–114, § 106(b), sub- stituted ‘‘military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos’’ for ‘‘of military facilities’’. Subsec. (b)(5), (6). Pub. L. 104–114, § 106(c)(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (c)(4). Pub. L. 104–114, § 106(c)(3), added par. (4). Subsec. (d). Pub. L. 104–114, § 106(d)(2), added subsec. (d). 1994—Subsec. (b)(4). Pub. L. 103–236 substituted ‘‘sec- tion 2799aa or 2799aa–1’’ for ‘‘section 2429 or 2429a’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Page 768 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295b Secretary of State, see sections 6531 and 6532 of this title. INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITH- HOLDING CERTAIN DOCUMENTS OF UNITED STATES NA- TIONALS Pub. L. 102–511, title II, § 202, Oct. 24, 1992, 106 Stat. 3331, provided that: ‘‘(a) PROHIBITION.—Except as provided in subsections (b) and (c), an agency, instrumentality, or other gov- ernmental entity of an independent state of the former Soviet Union shall not be eligible to receive assistance under chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.] if— ‘‘(1) on the date of enactment of this Act [Oct. 24, 1992], there is outstanding a final judgment by a court of competent jurisdiction in that independent state that that governmental entity is withholding unlawfully books or other documents of religious or historical significance that are the property of United States persons; and ‘‘(2) within 90 days of a request by such United States persons, the Secretary of State determines that execution of the court’s judgment is blocked as the result of extrajudicial causes such as any of the following: ‘‘(A) A declared refusal of the defendant to com- ply. ‘‘(B) The unwillingness or failure of local authori- ties to enforce compliance. ‘‘(C) The issuance of an administrative decree nullifying a court’s judgment or forbidding compli- ance. ‘‘(D) The passage of legislation, after a court’s judgment, nullifying that judgment or forbidding compliance with that judgment. ‘‘(b) EXCEPTION FOR HUMANITARIAN ASSISTANCE.—The prohibition contained in subsection (a) shall not apply to the provision of assistance to alleviate suffering re- sulting from a natural or man-made disaster. ‘‘(c) WAIVER AUTHORITY.—The Secretary of State may waive the application of subsection (a) whenever the Secretary finds that— ‘‘(1) the court’s judgment has been executed; or ‘‘(2) it is important to the national interest of the United States to do so. ‘‘(d) REPORT.—Nine months after the date of enact- ment of this Act [Oct. 24, 1992], the Secretary of State shall report to the Speaker of the House of Representa- tives and the Chairman of the Committee on Foreign Relations of the Senate on the status of final judg- ments described in subsection (a)(1). ‘‘(e) UNITED STATES PERSON.—For purposes of this section, the term ‘United States person’ means— ‘‘(1) any citizen, national, or permanent resident alien of the United States; and ‘‘(2) any corporation, partnership, or other juridical entity which is 50 percent or more beneficially owned by individuals described in paragraph (1).’’ Executive Documents CHANGE OF NAME The Conference on Security and Cooperation in Eu- rope to be called the Organization for Security and Co- operation in Europe effective Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591. DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. Functions of President under subsecs. (a) and (c)(2) of this section delegated to Coordinator by section 2(c), (d) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under section 5812 of this title. Functions of President under subsecs. (b)(1)–(3), (5), and (c)(1) of this section delegated to Secretary of State by section 1(2), (3) of Ex. Ord. No. 12884. Functions of President under subsec. (c)(3) of this sec- tion and requirement to make reports under this sec- tion regarding determinations under subsec. (c)(3) dele- gated to Secretary of State by section 3(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended. § 2295b. Authorities relating to assistance and other provisions (a) Assistance through governments and non- governmental organizations Assistance under this part may be provided to governments or through nongovernmental orga- nizations. (b) Technical and managerial assistance Technical assistance under this part shall, to the maximum extent feasible, be provided on a long term, on-site basis and shall emphasize the provision of practical, management and other problem-solving advice, particularly advice on private enterprise provided by United States business volunteers. (c) Enterprise funds Activities supported pursuant to this part may include the establishment of and the provision of support for one or more enterprise funds for the independent states of the former Soviet Union. If the President determines that an en- terprise fund should be established and sup- ported under this part, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5421] (excluding the authorizations of appropriations provided in subsection (b) of that section) shall be deemed to apply with respect to such enter- prise fund and to funds made available to such enterprise fund pursuant to this part. (d) Cooperative development and research projects Assistance under this part may include sup- port for cooperative development projects, in- cluding cooperative development research projects, among the United States, other coun- tries, and independent states of the former So- viet Union. (e) Administration of justice programs In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(J) of section 2295 of this title, the President may exercise the same authorities as are available under section 2346c of this title, subject to the limitations and requirements of that section, other than sub- section (c) and the last two sentences of sub- section (e). (f) Use of economic support funds Any funds that have been allocated under part 4 of subchapter II of this chapter for assistance for the independent states of the former Soviet Union may be used in accordance with the provi- sions of this part. (g) Use of SEED agency funds and administrative authorities The President may authorize any agency of the United States Government that has author- ity to conduct activities under the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] to use—