22 U.S.C. § 5801 — Definition of independent states

Page 1695 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5801 1 See References in Text note below. the chairman of the Committee on Foreign Relations of the Senate’’, and added subsecs. (b) and (c). 2002—Pub. L. 107–115 substituted ‘‘March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006’’ for ‘‘and March 31, 2000,’’ in introductory provisions. 1996—Subsec. (a). Pub. L. 104–107 inserted ‘‘March 31, 1996,’’ after ‘‘March 31, 1995,’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EXTENSION OF REPORTING TIME Pub. L. 107–115, title V, § 586(b), Jan. 10, 2002, 115 Stat. 2173, provided that: ‘‘The requirement in section 301 of the United States-Hong Kong Policy Act [22 U.S.C. 5731], as amended by subsection (a), that a report under that section shall be transmitted not later than March 31, 2001, shall be considered satisfied by the transmittal of such report by August 7, 2001.’’ REPORT ON SINO-BRITISH JOINT DECLARATION ON QUESTION OF HONG KONG Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 571], Sept. 30, 1996, 110 Stat. 3009–121, 3009–167, which directed that the additional report required to be submitted during 1997 under this section include detailed informa- tion on the status of, and other developments affecting, implementation of the Sino-British Joint Declaration on the Question of Hong Kong, was from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, and was not repeated in sub- sequent appropriations acts. Similar provisions were contained in the following prior appropriation act: Pub. L. 104–107, title V, § 576(b), Feb. 12, 1996, 110 Stat. 750. § 5732. Separate part of country reports Whenever a report is transmitted to the Con- gress on a country-by-country basis there shall be included in such report, where applicable, a separate subreport on Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this sec- tion applies include the reports transmitted under— (1) sections 2151n(d) and 2304(b) of this title (relating to human rights); (2) section 2241 of title 19 (relating to trade barriers); and (3) section 4711 1 of title 15 (relating to eco- nomic policy and trade practices). (Pub. L. 102–383, title III, § 302, Oct. 5, 1992, 106 Stat. 1454.) Editorial Notes REFERENCES IN TEXT Section 4711 of title 15, referred to in par. (3), was re- pealed by Pub. L. 107–228, div. A, title VI, § 671(1), Sept. 30, 2002, 116 Stat. 1407. CHAPTER 67—FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS SUPPORT Sec. 5801. Definition of independent states. SUBCHAPTER I—GENERAL PROVISIONS 5811. Findings. 5812. Program coordination, implementation, and oversight. Sec. 5813. Report on overall assistance and economic cooperation strategy. 5814. Repealed. SUBCHAPTER II—BUSINESS AND COMMERCIAL DEVELOPMENT 5821. American Business Centers. 5822. Business and Agriculture Advisory Council. 5823. Funding for export promotion activities and capital projects. 5824. Interagency working group on energy of the Trade Promotion Coordinating Committee. 5825. Repealed. 5826. Policy on combatting tied aid practices. 5827. Technical assistance for Russian Far East. 5828. Funding for OPIC programs. SUBCHAPTER III—THE DEMOCRACY CORPS 5841. Authorization for establishment of Democ- racy Corps. SUBCHAPTER IV—NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES 5851. Findings. 5852. Eligibility. 5853. Nonproliferation and disarmament activities in independent states. 5854. Nonproliferation and disarmament fund. 5855. Limitations on defense conversion authori- ties. 5856. Soviet weapons destruction. 5857. Waiver of certain provisions. 5858. Notice and reports to Congress. 5859. International nonproliferation initiative. 5859a. International nonproliferation initiative. 5860. Report on special nuclear materials. 5861. Research and Development Foundation. SUBCHAPTER V—SPACE TRADE AND COOPERATION 5871. Facilitating discussions regarding acquisition of space hardware, technology, and services from former Soviet Union. 5872. Office of Space Commerce. 5873. Report to Congress. 5874. Definitions. § 5801. Definition of independent states For purposes of this Act, the terms ‘‘inde- pendent states of the former Soviet Union’’ and ‘‘independent states’’ mean the following: Arme- nia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. (Pub. L. 102–511, § 3, Oct. 24, 1992, 106 Stat. 3321.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 and also as the FREEDOM Support Act. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. FF, title III, § 321, Dec. 27, 2020, 134 Stat. 3101, provided that: ‘‘This subtitle [subtitle C (§§ 321–330) of title III of div. FF of Pub. L. 116–260, amending provisions set out as a note under section 5811 of this title] may be cited as the ‘Belarus Democ- racy, Human Rights, and Sovereignty Act of 2020’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–82, § 1, Jan. 3, 2012, 125 Stat. 1863, provided that: ‘‘This Act [amending provisions set out as a note Page 1696 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5801 under section 5811 of this title] may be cited as the ‘Belarus Democracy and Human Rights Act of 2011’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 109–480, § 1, Jan. 12, 2007, 120 Stat. 3666, pro- vided that: ‘‘This Act [enacting and amending provi- sions set out as notes under section 5811 of this title] may be cited as the ‘Belarus Democracy Reauthoriza- tion Act of 2006’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–199, § 1, Dec. 17, 1993, 107 Stat. 2317, pro- vided that: ‘‘This Act [amending sections 295, 2301, 2364, 2370, 2460, 2461, 2578, 2591, 2592, 2595, 2799c, 2799d, 4501 to 4504, 4702, and 4901 of this title, section 4101 of Title 15, Commerce and Trade, sections 1151 and 1152 of Title 16, Conservation, section 951 of Title 18, Crimes and Crimi- nal Procedure, and sections 783, 4601, and 4602 of Title 50, War and National Defense, repealing sections 254c–2, 2592a, and 2592b of this title, sections 781, 782, 784, 785, 788 to 795, and 798 of Title 50, and former section 2403–1 of the former Appendix to Title 50, enacting provisions set out as notes under this section, sections 113 and 2431 of Title 10, Armed Forces, and section 4602 of Title 50, amending provisions set out as notes under section 4501 of this title, section 113 of Title 10, section 2901 of Title 15, and section 1003 of former Title 40, Public Buildings, Property, and Works, and repealing provisions set out as notes under sections 287, 2151, 2293, 2458, and 4301 of this title, section 1307 of Title 19, Customs Duties, and section 781 of Title 50] may be cited as the ‘Act For Re- form In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States’ or as the ‘FRIEND- SHIP Act’.’’ SHORT TITLE Pub. L. 102–511, § 1, Oct. 24, 1992, 106 Stat. 3320, pro- vided that: ‘‘This Act [enacting this chapter and sec- tions 282m, 282n, 286e–1l, 286e–5b, 286e–13, 286ll, 286mm, 288j, 2295 to 2295c, and 5402 of this title, amending sec- tions 262d, 2370, 2507, and 4903 of this title and sections 1736o, 3293, 5602, 5621, 5622, and 5651 of Title 7, Agri- culture, enacting provisions set out as notes under sec- tions 2295a, 2452, 2753, 4903, and 5812 of this title, section 5621 of Title 7, and section 955 of Title 18, Crimes and Criminal Procedure, amending provisions set out as notes under section 2452 of this title, section 5622 of Title 7, and sections 1157 and 1255 of Title 8, Aliens and Nationality, and repealing provisions set out as a note under section 2452 of this title] may be cited as the ‘Freedom for Russia and Emerging Eurasian Democ- racies and Open Markets Support Act of 1992’ or the ‘FREEDOM Support Act’.’’ POLICY OF FRIENDSHIP AND COOPERATION Pub. L. 103–199, title I, §§ 101–103, Dec. 17, 1993, 107 Stat. 2318, 2319, provided that: ‘‘SEC. 101. STATEMENT OF PURPOSE. ‘‘The purpose of this Act [see Short Title of 1993 Amendment note above] is to amend or repeal numer- ous statutory provisions that restrict or otherwise im- pede normal relations between the United States and the Russian Federation, Ukraine, and the other inde- pendent states of the former Soviet Union. All of the statutory provisions amended or repealed by this Act were relevant and appropriate at the time of enact- ment, but with the end of the Cold War, they have be- come obsolete. It is not the purpose of this Act to re- write or erase history, or to forget those who suffered in the past from the injustices or repression of com- munist regimes in the Soviet Union, but rather to up- date United States law to reflect changed international circumstances and to demonstrate for reformers and democrats in the independent states of the former So- viet Union the resolve of the people of the United States to support the process of democratic and eco- nomic reform and to conduct business with those states in a new spirit of friendship and cooperation. ‘‘SEC. 102. FINDINGS. ‘‘The Congress finds and declares as follows: ‘‘(1) The Vancouver Declaration issued by President Clinton and President Yeltsin in April 1993 marked a new milestone in the development of the spirit of co- operation and partnership between the United States and Russia. The Congress affirms its support for the principles contained in the Vancouver Declaration. ‘‘(2) The Vancouver Declaration underscored that— ‘‘(A) a dynamic and effective partnership between the United States and Russia is vital to the success of Russia’s historic transformation; ‘‘(B) the rapid integration of Russia into the com- munity of democratic nations and the world econ- omy is important to the national interest of the United States; and ‘‘(C) cooperation between the United States and Russia is essential to the peaceful resolution of international conflicts and the promotion of demo- cratic values, the protection of human rights, and the solution of global problems such as environ- mental pollution, terrorism, and narcotics traf- ficking. ‘‘(3) The Congress enacted the FREEDOM Support Act (Public Law 102–511) [see Short Title note above], as well as other legislation such as the Soviet Nu- clear Threat Reduction Act of 1991 (title II of Public Law 102–228) [22 U.S.C. 2551 note] and the Former So- viet Union Demilitarization Act of 1992 (title XIV of Public Law 102–484) [22 U.S.C. 5901 et seq.], to help meet the historic opportunities and challenges pre- sented by the transformation that has taken place, and is continuing to take place, in what once was the Soviet Union. ‘‘(4) The process of reform in Russia, Ukraine, and the other independent states of the former Soviet Union is ongoing. The holding of a referendum in Russia on April 25, 1993, that was free and fair, and that reflected the support of the Russian people for the process of continued and strengthened democratic and economic reform, represents an important and encouraging hallmark in this ongoing process. ‘‘(5) There remain in force many United States laws that are relics of the Cold War, and repeals or revi- sions of these provisions can play an important role in efforts to foster and strengthen the bonds of trust and friendship, as well as mutually beneficial trade and economic relations, between the United States and Russia, the United States and Ukraine, and the United States and the other independent states of the former Soviet Union. ‘‘SEC. 103. STATUTORY PROVISIONS THAT HAVE BEEN APPLICABLE TO THE SOVIET UNION. ‘‘(a) IN GENERAL.—There are numerous statutory pro- visions that were enacted in the context of United States relations with a country, the Soviet Union, that are fundamentally different from the relations that now exist between the United States and Russia, be- tween the United States and Ukraine, and between the United States and the other independent states of the former Soviet Union. ‘‘(b) EXTENT OF SUCH PROVISIONS.—Many of the provi- sions referred to in subsection (a) imposed limitations specifically with respect to the Soviet Union, and its constituent republics, or utilized language that re- flected the tension that existed between the United States and the Soviet Union at the time of their enact- ment. Other such provisions did not refer specifically to the Soviet Union, but nonetheless were directed (or may be construed as having been directed) against the Soviet Union on the basis of the relations that for- merly existed between the United States and the Soviet Union, particularly in its role as the leading com- munist country. ‘‘(c) FINDINGS AND AFFIRMATION.—The Congress finds and affirms that provisions such as those described in this section, including— ‘‘(1) section 216 of the State Department Basic Au- thorities Act of 1956 (22 U.S.C. 4316), Page 1697 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5811 ‘‘(2) sections 136 [22 U.S.C. 3943 note] and 804 [99 Stat. 449] of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93), ‘‘(3) section 1222 of the Foreign Relations Author- ization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 101 Stat. 1411 [1414]), ‘‘(4) the Multilateral Export Control Enhancement Amendments Act (50 [App.] U.S.C. 2410 note, et seq.) [probably means former 50 U.S.C. App. 2410a note, see Short Title of 1988 Amendment note now set out under former section 4601 of Title 50, War and Na- tional Defense], ‘‘(5) the joint resolution providing for the designa- tion of ‘Captive Nations Week’ (Public Law 86–90) [73 Stat. 212], ‘‘(6) the Communist Control Act of 1954 (Public Law 83–637) [see Short Title note set out under section 781 of Title 50], ‘‘(7) provisions in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including sections 101(a)(40), 101(e)(3), and 313(a)(3) [8 U.S.C. 1101(a)(40), (e)(3), 1424(a)(3)], ‘‘(8) section 2 of the joint resolution entitled ‘A joint resolution to promote peace and stability in the Middle East’, approved March 9, 1957 (Public Law 85–7) [22 U.S.C. 1961 et seq.], and ‘‘(9) section 43 of the Bretton Woods Agreements Act (22 U.S.C. 286aa), should not be construed as being directed against Rus- sia, Ukraine, or the other independent states of the former Soviet Union, connoting an adversarial rela- tionship between the United States and the inde- pendent states, or signifying or implying in any man- ner unfriendliness toward the independent states.’’ DEFINITIONS FOR PUB. L. 103–199 Pub. L. 103–199, § 3, Dec. 17, 1993, 107 Stat. 2318, pro- vided that: ‘‘As used in this Act [see Short Title of 1993 Amendment note above] (including the amendments made by this Act), the terms ‘independent states of the former Soviet Union’ and ‘independent states’ have the meaning given those terms by section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5801).’’ SUBCHAPTER I—GENERAL PROVISIONS § 5811. Findings The Congress finds that— (1) recent developments in Russia and the other independent states of the former Soviet Union present an historic opportunity for a transition to a peaceful and stable inter- national order and the integration of the inde- pendent states of the former Soviet Union into the community of democratic nations; (2) the entire international community has a vital interest in the success of this transition, and the dimension of the problems now faced in the independent states of the former Soviet Union makes it imperative for donor countries and institutions to provide the expertise and support necessary to ensure continued progress on economic and political reforms; (3) the United States is especially well-posi- tioned because of its heritage and traditions to make a substantial contribution to this transition by building on current technical co- operation, medical, and food assistance pro- grams, by assisting in the development of democratic institutions, and by fostering con- ditions that will encourage the United States business community to engage in trade and in- vestment; (4) failure to meet the opportunities pre- sented by these developments could threaten United States national security interests and jeopardize substantial savings in United States defense that these developments have made possible; (5) the independent states of the former So- viet Union face unprecedented environmental problems that jeopardize the quality of life and the very existence of not only their own peoples but also the peoples of other countries, and it is incumbent on the international com- munity to assist the independent states in ad- dressing these problems and in promoting sus- tainable use of resources and development; (6) the success of United States assistance for the independent states of the former So- viet Union depends on— (A) effective coordination of United States efforts with similar activities of friendly and allied donor countries and of international financial institutions, and (B) reciprocal commitments by the govern- ments of the independent states to work to- ward the creation of democratic institutions and an environment hospitable to foreign in- vestment based upon the rule of law, includ- ing negotiation of bilateral and multilateral agreements on open trade and investment, adoption of commercial codes, establishment of transparency in regulatory and other gov- ernmental decision making, and timely pay- ment of obligations carried over from pre- vious governmental entities; and (7) trade and investment opportunities in the independent states of the former Soviet Union will generate employment and other economic benefits for the United States as the economies of the independent states of the former Soviet Union begin to realize their enormous potential as both customers and suppliers. (Pub. L. 102–511, title I, § 101, Oct. 24, 1992, 106 Stat. 3321.) Statutory Notes and Related Subsidiaries SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY Pub. L. 112–208, title IV, Dec. 14, 2012, 126 Stat. 1502, provided that: ‘‘SEC. 401. SHORT TITLE. ‘‘This title may be cited as the ‘Sergei Magnitsky Rule of Law Accountability Act of 2012’. ‘‘SEC. 402. FINDINGS; SENSE OF CONGRESS. ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The United States aspires to a mutually bene- ficial relationship with the Russian Federation based on respect for human rights and the rule of law, and supports the people of the Russian Federation in their efforts to realize their full economic potential and to advance democracy, human rights, and the rule of law. ‘‘(2) The Russian Federation— ‘‘(A) is a member of the United Nations, the Orga- nization for Security and Co-operation in Europe, the Council of Europe, and the International Mone- tary Fund; ‘‘(B) has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and the United Nations Con- vention against Corruption; and ‘‘(C) is bound by the legal obligations set forth in the European Convention on Human Rights.