
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2295a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
    Part XI--Support for Economic and Democratic Development of the 
              Independent States of the Former Soviet Union
 
Sec. 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 implementation of, a democratic system based on 
    principles of the rule of law, individual freedoms, and 
    representative government determined by free and fair elections;
        (2) make significant progress in, and is committed to the 
    comprehensive implementation of, economic reform based on market 
    principles, private ownership, and integration into the world 
    economy, including implementation of the legal and policy frameworks 
    necessary for such reform (including protection of intellectual 
    property and respect for contracts);
        (3) respect internationally recognized human rights, including 
    the rights of minorities and the rights to freedom of religion and 
    emigration;
        (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 expenditures 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 significant transborder pollution, and promote 
    sustainable use of natural resources;
        (8) deny support for acts of international terrorism;
        (9) accept responsibility for paying an equitable portion of the 
    indebtedness to United States firms incurred by the former Soviet 
    Union;
        (10) cooperate with the United States Government in uncovering 
    all evidence regarding Americans listed as prisoners-of-war, or 
    otherwise missing during American operations, who were detained in 
    the former Soviet Union during the Cold War; and
        (11) terminate support for the communist regime in Cuba, 
    including removal of troops, closing military and intelligence 
    facilities, including the military and intelligence facilities at 
    Lourdes and Cienfuegos, and ceasing trade subsidies and economic, 
    nuclear, and other assistance.

(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 inconsistent with the 
        guidelines and parameters of the Missile Technology Control 
        Regime; or
            (B) any material, equipment, or technology that would 
        contribute significantly to the ability of such country to 
        manufacture any weapon of mass destruction (including nuclear, 
        chemical, and biological weapons) if the President determines 
        that the material, equipment, or technology was to be used by 
        such country in the manufacture 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 determination within that 30-day 
    period) that such government is providing assistance for, or 
    engaging 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 removal of Russian or Commonwealth of 
    Independent 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 sovereignty of the 
    Baltics \1\ states.
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    \1\ So in original. Probably should be ``Baltic''.
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(c) Exceptions to ineligibility

    Assistance prohibited by subsection (b) of this section or any 
similar provision of law, other than assistance prohibited by the 
provisions referred to in subsection (b)(4) of this section, 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 internationally recognized human rights and 
    the rule of law or the development of institutions of democratic 
    governance.
        (3) The assistance is furnished for the alleviation of suffering 
    resulting from a natural or man-made disaster.
        (4) The assistance is provided under the secondary 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 intelligence 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 support of 
    intelligence facilities in Cuba, including the intelligence facility 
    at Lourdes, Cuba.

                             (2) Waiver

        (A) The President may waive the requirement of paragraph (1) to 
    withhold assistance if the President certifies to the appropriate 
    congressional 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 Russian Government has assured the 
    United States Government that the Russian Government 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 Government 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'' includes the Permanent Select Committee 
    on Intelligence 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 withhold assistance shall 
    not apply with respect to--
            (A) assistance to meet urgent humanitarian needs, including 
        disaster and refugee relief;
            (B) democratic political reform or rule of law activities;
            (C) technical assistance for safety upgrades of civilian 
        nuclear power plants;
            (D) the creation of private sector or nongovernmental 
        organizations that are independent of government control;
            (E) the development of a free market economic 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, Sec. 498A, as added Pub. L. 102-511, title II, 
Sec. 201, Oct. 24, 1992, 106 Stat. 3326; amended Pub. L. 103-236, title 
VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519; Pub. L. 104-114, title 
I, Sec. 106(b), (c)(1), (3), (d)(2), Mar. 12, 1996, 110 Stat. 795-797.)

                       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, as 
amended, 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, referred 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 (Sec. 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, Sec. 106(b), substituted 
``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, Sec. 106(c)(1), added par. (5) 
and redesignated former par. (5) as (6).
    Subsec. (c)(4). Pub. L. 104-114, Sec. 106(c)(3), added par. (4).
    Subsec. (d). Pub. L. 104-114, Sec. 106(d)(2), added subsec. (d).
    1994--Subsec. (b)(4). Pub. L. 103-236 substituted ``section 2799aa 
or 2799aa-1'' for ``section 2429 or 2429a''.

                         Change of Name

    The Conference on Security and Cooperation in Europe to be called 
the Organization for Security and Cooperation in Europe effective Jan. 
1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591.


                    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 Broadcasting Board of 
Governors and International Broadcasting Bureau) abolished and functions 
transferred to Secretary of State, see sections 6531 and 6532 of this 
title.

                         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 section and 
requirement to make reports under this section regarding determinations 
under subsec. (c)(3) delegated to Secretary of State by section 3(c) of 
Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended.


    Ineligibility for Assistance of Institutions Withholding Certain 
                  Documents of United States Nationals

    Section 202 of Pub. L. 102-511 provided that:
    ``(a) Prohibition.--Except as provided in subsections (b) and (c), 
an agency, instrumentality, or other governmental 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 comply.
            ``(B) The unwillingness or failure of local authorities to 
        enforce compliance.
            ``(C) The issuance of an administrative decree nullifying a 
        court's judgment or forbidding compliance.
            ``(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 resulting 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 enactment of this Act 
[Oct. 24, 1992], the Secretary of State shall report to the Speaker of 
the House of Representatives and the Chairman of the Committee on 
Foreign Relations of the Senate on the status of final judgments 
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).''

                  Section Referred to in Other Sections

    This section is referred to in sections 2295b, 2297b, 5814 of this 
title.
