PUBLIC LAW 109–480—JAN. 12, 2007

BELARUS DEMOCRACY REAUTHORIZATION

ACT OF 2006

120 STAT. 3666 PUBLIC LAW 109–480—JAN. 12, 2007

Public Law 109–480

109th Congress

An Act

To reauthorize the Belarus Democracy Act of 2004.

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 Reauthorization Act of 2006’’.

SEC. 2. FINDINGS.

Section 2 of the Belarus Democracy Act of 2004 (22 U.S.C.

5811 note) is amended to read as follows:

‘‘SEC. 2. FINDINGS.

‘‘Congress makes the following findings:

‘‘(1) The Government of the Republic of Belarus has

engaged in a pattern of clear and uncorrected violations of

human rights and fundamental freedoms.

‘‘(2) The Government of Belarus has engaged in a pattern

of clear and uncorrected violations of basic principles of democratic governance, including through a series of fundamentally

flawed presidential and parliamentary elections undermining

the legitimacy of executive and legislative authority in that

country.

‘‘(3) The most recent presidential elections in Belarus held

on March 19, 2006, failed to meet the commitments of the

Organization for Security and Cooperation in Europe (OSCE)

for democratic elections and the arbitrary use of state power

and widespread detentions show a disregard for the basic rights

of freedom of assembly, association, and expression, and raise

doubts regarding the willingness of authorities in Belarus to

tolerate political competition.

‘‘(4) The regime of Aleksandr Lukashenka has maintained

power in Belarus by orchestrating 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, extend

his term of office, and remove applicable term limits.

‘‘(5) The Government of Belarus has failed to make a credible effort to solve the cases of disappeared opposition figures

Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky in

1999 and journalist Dmitry Zavadsky in 2000, even though

credible allegations and evidence exist linking top officials of

the Lukashenka regime with these disappearances.

22 USC 5801

note.

Belarus

Democracy

Reauthorization

Act of 2006.

Jan. 12, 2007

[H.R. 5948]

PUBLIC LAW 109–480—JAN. 12, 2007 120 STAT. 3667

‘‘(6) Political opposition figures Aleksandr Kozulin, Tsimafei

Dranchuk, Mikalay Astreyka, Artur Finkevich, Mikalay

Razumau, Katsyaryna Sadouskaya, Zmitser Dashkevich,

Mikhail Marynich, Mikalay Statkevych, Pavel Sevyarinets,

Andrei Klimau, Valery Levaneusky, and Siarhei Skrebets have

been imprisoned or served ‘corrective labor’ sentences because

of their political activity.

‘‘(7) Hundreds of pro-democratic political activists have

been subjected to frequent harassment and jailings, especially

during, and in the aftermath of the fatally flawed March 19,

2006, presidential elections in Belarus.

‘‘(8) The Government of Belarus has attempted to maintain

a monopoly over the country’s information space, targeting

independent media for systematic reprisals and elimination,

while suppressing the right to freedom of speech and expression

of those dissenting from the regime.

‘‘(9) The Belarusian authorities have perpetuated a climate

of fear in Belarus by mounting a systematic crackdown on

civil society through the harassment, repression, and closure

of nongovernmental organizations and independent trade

unions.

‘‘(10) The Lukashenka regime has increasingly subjected

leaders and members of minority and unregistered religious

communities to harassment, including the imposition of heavy

fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith.

‘‘(11) The Belarusian authorities have further attempted

to silence dissent through retribution against human rights

and pro-democracy activists through threats, firings, expulsions,

beatings and other forms of intimidation.’’.

SEC. 3. STATEMENT OF POLICY.

The Belarus Democracy Act of 2004 (22 U.S.C. 5811 note)

is amended—

(1) by striking section 8;

(2) by redesignating sections 3 through 7 as sections 4

through 8, respectively; and

(3) by inserting after section 2 the following new section:

‘‘SEC. 3. STATEMENT OF POLICY.

‘‘It is the policy of the United States—

‘‘(1) to call upon the immediate release without preconditions of all political prisoners in Belarus;

‘‘(2) to support the aspirations of the people of the Republic

of Belarus for democracy, human rights, and the rule of law;

‘‘(3) to support the aspirations of the people of the Republic

of Belarus to preserve the independence and sovereignty of

their country;

‘‘(4) to seek and support the growth of democratic movements and institutions in Belarus, with the ultimate goal of

ending tyranny in that country;

‘‘(5) to refuse to accept the results of the fatally flawed

March 19, 2006, presidential elections held in Belarus and

support the call for new presidential elections;

‘‘(6) to refuse to recognize any possible referendum, or

the results of any referendum, that would affect the sovereignty

of Belarus; and

120 STAT. 3668 PUBLIC LAW 109–480—JAN. 12, 2007

‘‘(7) to work closely with other countries and international

organizations, including the European Union, to promote the

conditions necessary for the integration of Belarus into the

European community of democracies.’’.

SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY

IN BELARUS.

(a) PURPOSES OF ASSISTANCE.—Section 4(a) of the Belarus

Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated)

is amended—

(1) in paragraph (1), by striking ‘‘regaining their freedom

and to enable them’’ and inserting ‘‘their pursuit of freedom,

democracy, and human rights and in their aspiration’’;

(2) in paragraph (2)—

(A) by striking ‘‘free and fair’’ and inserting ‘‘free, fair,

and transparent’’; and

(B) by adding at the end before the period the following:

‘‘and independent domestic observers’’; and

(3) in paragraph (3), by striking ‘‘restoring and strengthening institutions of democratic governance’’ and inserting ‘‘the

development of a democratic political culture and civil society’’.

(b) ACTIVITIES SUPPORTED.—Section 4(c) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is

amended—

(1) by redesignating paragraphs (6) and (7) as paragraphs

(7) and (8), respectively;

(2) by striking paragraphs (1) through (5) and inserting

the following new paragraphs:

‘‘(1) expanding independent radio and television broadcasting to and within Belarus;

‘‘(2) facilitating the development of independent broadcast,

print, and Internet media working within Belarus and from

locations outside the country and supported by nonstate-controlled printing facilities;

‘‘(3) aiding the development of civil society through assistance to nongovernmental organizations promoting democracy

and supporting human rights, including youth groups, entrepreneurs, and independent trade unions;

‘‘(4) supporting the work of human rights defenders;

‘‘(5) enhancing the development of democratic political parties;

‘‘(6) assisting the promotion of free, fair, and transparent

electoral processes;’’; and

(3) in paragraph (7) (as redesignated), by inserting

‘‘enhancing’’ before ‘‘international exchanges’’.

(c) AUTHORIZATION OF APPROPRIATIONS.—

(1) AMENDMENT.—Section 4(d)(1) of the Belarus Democracy

Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended

by striking ‘‘2005 and 2006’’ and inserting ‘‘2007 and 2008’’.

(2) RULE OF CONSTRUCTION.—The amendment made by

paragraph (1) shall not be construed to affect the availability

of funds appropriated pursuant to the authorization of appropriations under section 4(d) of the Belarus Democracy Act of

2004 (as redesignated) before the date of the enactment of

this Act.

22 USC 5811

note.

PUBLIC LAW 109–480—JAN. 12, 2007 120 STAT. 3669

SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS.

(a) PURPOSE.—Section 5(a) of the Belarus Democracy Act of

2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking

‘‘radio broadcasting’’ and inserting ‘‘radio and television broadcasting’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 5(b) of the

Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking ‘‘radio broadcasting’’ and inserting

‘‘radio and television broadcasting’’.

(c) CONFORMING AMENDMENT.—Section 5 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended

in the heading by striking ‘‘RADIO BROADCASTING’’ and inserting

‘‘RADIO AND TELEVISION BROADCASTING’’.

SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

Section 6 of the Belarus Democracy Act of 2004 (22 U.S.C.

5811 note) (as redesignated) is amended to read as follows:

‘‘SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

‘‘(a) APPLICATION OF SANCTIONS.—The sanctions described in

subsections (c) through (f) should 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 activists 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 those individuals who are in any way

responsible for their disappearances.

‘‘(4) The cessation of all forms of harassment and repression

against the independent media, independent trade unions, nongovernmental organizations, youth groups, religious organizations (including their leadership and members), and the political

opposition in Belarus.

‘‘(5) The prosecution of senior leadership of the Government

of Belarus responsible for the administration of fraudulent elections.

‘‘(6) A full accounting of the embezzlement of state assets

by senior leadership of the Government of Belarus, their family

members, and other associates.

‘‘(7) The holding of free, fair and transparent presidential

and parliamentary elections in Belarus consistent with OSCE

standards and under the supervision of internationally recognized observers and independent domestic observers.

‘‘(c) DENIAL OF ENTRY INTO THE UNITED STATES OF SENIOR

LEADERSHIP OF THE GOVERNMENT OF BELARUS.—Notwithstanding

any other provision of law, the President may exercise the authority

under section 212(f) of the Immigration and Nationality Act (8

Victor Gonchar.

Anatoly

Krasovsky.

Yuri

Zakharenka.

Dmitry

Zavadsky.

President.

Certification.

120 STAT. 3670 PUBLIC LAW 109–480—JAN. 12, 2007

U.S.C. 1182(f)) to deny the entry into the United States of any

alien who—

‘‘(1) holds a position in the senior leadership of the Government of Belarus;

‘‘(2) is an immediate family member of a person inadmissible under subparagraph (A); or

‘‘(3) through his or her business dealings with senior leadership of the Government of Belarus derives significant financial

benefit from policies or actions, including electoral fraud,

human rights abuses, or corruption, that undermine or injure

democratic institutions or impede the transition to democracy

in Belarus.

‘‘(d) PROHIBITION ON LOANS AND INVESTMENT.—

‘‘(1) UNITED STATES GOVERNMENT FINANCING.—It is the

sense of Congress that no loan, credit guarantee, insurance,

financing, or other similar financial assistance should be

extended by any agency of the Government of the United States

(including the Export-Import Bank of the United States 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.—It is the sense

of Congress that no funds available to the Trade and Development Agency should be available for activities of the Agency

in or for Belarus.

‘‘(e) MULTILATERAL FINANCIAL ASSISTANCE.—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.

‘‘(f) BLOCKING OF ASSETS AND OTHER PROHIBITED ACTIVITIES.—

‘‘(1) BLOCKING OF ASSETS.—It is the sense of Congress

that the President should block all property and interests in

property, including all commercial, industrial, or public utility

undertakings or entities, that, on or after the date of the

enactment of the Belarus Democracy Reauthorization Act of

2006—

‘‘(A) are owned, in whole or in part, by the Government

of Belarus, or by any member or family member closely

linked to any member of the senior leadership of the

Government of Belarus, or any person who through his

or her business dealings with senior leadership of the

Government of Belarus derives significant financial benefit

from policies or actions, including electoral fraud, human

rights abuses, or corruption, that undermine or injure

democratic institutions or impede the transition to democracy in Belarus; and

‘‘(B) are in the United States, or in the possession

or control of the Government of the United States or of

any United States financial institution, including any

branch or office of such financial institution that is located

outside the United States.

PUBLIC LAW 109–480—JAN. 12, 2007 120 STAT. 3671

‘‘(2) PROHIBITED ACTIVITIES.—Activities prohibited by reason of the blocking of property and interests in property under

paragraph (1) should include—

‘‘(A) payments or transfers of any property, or any

transactions involving the transfer of anything of economic

value by any United States person, to the Government

of Belarus, to any person or entity acting for or on behalf

of, or owned or controlled, directly or indirectly, by that

government, or to any member of the senior leadership

of the Government of Belarus;

‘‘(B) the export or reexport to any entity owned, controlled, or operated by the Government of Belarus, directly

or indirectly, of any goods, technology, or services, either—

‘‘(i) by a United States person; or

‘‘(ii) involving the use of any air carrier (as defined

in section 40102 of title 49, United States Code) or

a vessel documented under the laws of the United

States; and

‘‘(C) the performance by any United States person of

any contract, including a contract providing a loan or other

financing, in support of an industrial, commercial, or public

utility operated, controlled, or owned by the Government

of Belarus.

‘‘(3) PAYMENT OF EXPENSES.—All expenses incident to the

blocking and maintenance of property blocked under paragraph

(1) should be charged to the owners or operators of such property. Such expenses may not be paid from blocked funds.

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to prohibit any contract or other financial

transaction with any private or nongovernmental organization

or business in Belarus.

‘‘(5) EXCEPTIONS.—Paragraphs (1) and (2) do not apply

to—

‘‘(A) assistance authorized under section 4 or 5 of this

Act; or

‘‘(B) medicine, medical equipment or supplies, food,

as well as any other form of humanitarian assistance provided to Belarus as relief in response to a humanitarian

crisis.

‘‘(6) PENALTIES.—Any person who violates any prohibition

or restriction imposed under this subsection should be subject

to the penalties under section 6 of the International Emergency

Economic Powers Act (50 U.S.C. 1705) to the same extent

as for a violation under that Act.

‘‘(7) DEFINITIONS.—In this subsection:

‘‘(A) AIR CARRIER.—The term ‘air carrier’ has the

meaning given that term in section 40102 of title 49, United

States Code.

‘‘(B) UNITED STATES PERSON.—The term ‘United States

person’ means—

‘‘(i) any United States citizen or alien admitted

for permanent residence to the United States;

‘‘(ii) any entity organized under the laws of the

United States; and

‘‘(iii) any person in the United States.’’.

120 STAT. 3672 PUBLIC LAW 109–480—JAN. 12, 2007

LEGISLATIVE HISTORY—H.R. 5948:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Dec. 7, considered in House.

Dec. 8, considered and passed House and Senate.

Æ

SEC. 7. MULTILATERAL COOPERATION.

Section 7 of the Belarus Democracy Act of 2004 (22 U.S.C.

5811 note) (as redesignated) is amended—

(1) by striking ‘‘to coordinate with’’ and inserting ‘‘the support of’’; and

(2) by striking ‘‘a comprehensive’’ and inserting ‘‘for a comprehensive’’.

SEC. 8. DEFINITIONS.

Section 9(3) of the Belarus Democracy Act of 2004 (22 U.S.C.

5811 note) is amended—

(1) in subparagraph (A), by inserting ‘‘governors, heads

of state enterprises,’’ after ‘‘Chairmen of State Committees,’’;

and

(2) in subparagraph (B)—

(A) by striking ‘‘who is’’ and inserting the following:

‘‘who—

‘‘(i) is’’;

(B) by striking ‘‘and’’ at the end and inserting ‘‘or’’;

and

(C) by adding at the end the following new clause:

‘‘(ii) is otherwise engaged in public corruption in

Belarus; and’’.

Approved January 12, 2007.