PUBLIC LAW 112–82—JAN. 3, 2012 125 STAT. 1863 

Public Law 112–82 

112th 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 and Human 

Rights Act of 2011’’. 

SEC. 2. FINDINGS; STATEMENT OF POLICY. 

Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public 

Law 109–480; 22 U.S.C. 5811 note) is amended to read as follows: 

‘‘SEC. 2. FINDINGS. 

‘‘Congress finds the following: 

‘‘(1) The Government 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 Government of Belarus has subjected thousands 

of pro-democratic political activists to harassment, beatings, 

and jailings, particularly as a result of their attempts to peacefully exercise their right to freedom of assembly and association. 

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

a monopoly over the country’s information space, targeting 

independent media, including independent journalists, for 

systematic reprisals and elimination, while suppressing the 

right to freedom of speech and expression of those dissenting 

from the dictatorship of Aleksandr Lukashenka, and adopted 

laws restricting the media, including the Internet, in a manner 

inconsistent with international human rights agreements. 

‘‘(5) The Government of Belarus continues a systematic 

campaign of harassment, repression, and closure of nongovernmental organizations, including independent trade unions and 

entrepreneurs, and this crackdown has created a climate of 

fear that inhibits the development of civil society and social 

solidarity. 

‘‘(6) The Government of Belarus has subjected leaders and 

members of select ethnic and religious minorities to harassment, including the imposition of heavy fines and denying 

22 USC 5801 

note. 

Belarus 

Democracy and 

Human Rights 

Act of 2011. 

Jan. 3, 2012 

[H.R. 515] 


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125 STAT. 1864 PUBLIC LAW 112–82—JAN. 3, 2012 

permission to meet for religious services, sometimes by selective 

enforcement of the 2002 Belarus religion law. 

‘‘(7) The Government of Belarus has attempted to silence 

dissent by persecuting human rights and pro-democracy activists with threats, firings, expulsions, beatings and other forms 

of intimidation, and restrictions on freedom of movement and 

prohibition of international travel. 

‘‘(8) The dictator of Belarus, Aleksandr Lukashenka, established himself in power by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolishing the duly elected parliament, the 13th Supreme 

Soviet, installing a largely powerless National Assembly, 

extending his term in office, and removing applicable term 

limits. 

‘‘(9) The Government of Belarus has failed to make a convincing effort to solve the cases of disappeared opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky 

and journalist Dmitry Zavadsky, even though credible allegations and evidence links top officials of the Government to 

these disappearance. 

‘‘(10) The Government of Belarus has restricted freedom 

of expression on the Internet by requiring Internet Service 

Providers to maintain data on Internet users and the sites 

they view and to provide such data to officials upon request, 

and by creating a government body with the authority to 

require Internet Service Providers to block Web sites. 

‘‘(11) On December 19, 2010, the Government of Belarus 

conducted a presidential election that failed to meet the standards of the Organization for Security and Cooperation in Europe 

(OSCE) for democratic elections. 

‘‘(12) After the December 19, 2010, presidential election 

the Government of Belarus responded to opposition protests 

by beating scores of protestors and detaining more than 600 

peaceful protestors. 

‘‘(13) After the December 19, 2010, presidential election 

the Government of Belarus jailed seven of the nine opposition 

presidential candidates and abused the process of criminal 

prosecution to persecute them. 

‘‘(14) After the December 19, 2010, presidential election, 

the Government of Belarus disrupted independent broadcast 

and Internet media, and engaged in repressive actions against 

independent journalists. 

‘‘(15) After the December 19, 2010, presidential election, 

Belarusian security services and police conducted raids targeting civil society groups, individual pro-democracy activists, 

and independent media. 

‘‘(16) After the December 19, 2010, presidential election, 

Belarusian officials refused to extend the mandate of the OSCE 

Office in Minsk. 

‘‘(17) After the December 19, 2010, presidential election, 

opposition candidates and activists have been persecuted and 

detainees have been physically mistreated, and denied access 

to family, defense counsel, medical treatment, and open legal 

proceedings. 

‘‘(18) After the December 19, 2010, presidential election, 

lawyers representing those facing criminal charges related to 


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PUBLIC LAW 112–82—JAN. 3, 2012 125 STAT. 1865 

the post-election protest have been subjected to the revocation 

of licenses, disbarment, and other forms of pressure. 

‘‘(19) After the December 19, 2010, presidential election, 

the Government of Belarus has convicted political detainees 

to harsh prison sentences. 

‘‘(20) After the December 19, 2010, presidential election, 

the United States expanded its visa ban list, imposed additional 

financial sanctions on certain state-owned enterprises, and initiated preparations to freeze the assets of several individuals 

in Belarus. The European Union imposed targeted travel and 

financial sanctions on an expanded list of officials of the Government of Belarus. 

‘‘(21) After the December 19, 2010, presidential election, 

the United States fully restored sanctions against Belarus’s 

largest state-owned petroleum and chemical conglomerate and 

all of its subsidiaries. 

‘‘(22) After the December 19, 2010, presidential election, 

the United States has engaged in assistance efforts to provide 

legal and humanitarian assistance to those facing repression 

and preserving access to independent information, and has 

pledged resources to support human rights advocates, trade 

unions, youth and environmental groups, business associations, 

think-tanks, democratic political parties and movements, independent journalists, newspapers and electronic media operating 

both inside Belarus and broadcasting from its neighbors, and 

to support access of Belarusian students to independent higher 

education and expand exchange programs for business and 

civil society leaders. 

‘‘(23) The Department of State, the Department of the 

Treasury, and other executive branch agencies have heretofore 

made effective use of this Act to promote the purposes of 

this Act, as stated in section 3 of this Act. 

‘‘SEC. 3. STATEMENT OF POLICY. 

‘‘It is the policy of the United States to— 

‘‘(1) condemn the conduct of the December 19, 2010, presidential election and crackdown on opposition candidates, political leaders, and activists, civil society representatives, and 

journalists; 

‘‘(2) continue to call for the immediate release without 

preconditions of all political prisoners in Belarus, including 

all those individuals detained in connection with the December 

19, 2010, presidential election; 

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

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

‘‘(4) continue to support the aspirations of the people of 

Belarus to preserve the independence and sovereignty of their 

country; 

‘‘(5) continue to support the growth of democratic movements and institutions in Belarus, which empower the people 

of Belarus to end tyranny in their country; 

‘‘(6) continue to refuse to accept the results of the fundamentally flawed December 19, 2010, presidential election 

held in Belarus, and to support calls for new presidential and 

parliamentary elections, conducted in a manner that is free 

and fair according to OSCE standards; 


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125 STAT. 1866 PUBLIC LAW 112–82—JAN. 3, 2012 

‘‘(7) continue to call for the fulfillment by the Belarusian 

government of Belarus’s freely undertaken obligations as an 

OSCE participating state; 

‘‘(8) continue to call for 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 the disappearance of those 

opposition leaders and journalists; 

‘‘(9) continue to work closely with the European Union 

and other countries and international organizations, to promote 

the conditions necessary for the integration of Belarus into 

the European family of democracies; 

‘‘(10) call on the International Ice Hockey Federation to 

suspend its plan to hold the 2014 International World Ice 

Hockey championship in Minsk until the Government of 

Belarus releases all political prisoners; and 

‘‘(11) remain open to reevaluating United States policy 

toward Belarus as warranted by demonstrable progress made 

by the Government of Belarus consistent with the aims of 

this Act as stated in this section.’’. 

SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS. 

Section 5 of the Belarus Democracy Act of 2004 (Public Law 

109–480; 22 U.S.C. 5811 note) is amended to read as follows: 

‘‘SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO 

BELARUS. 

‘‘It is the sense of Congress that the President should support 

radio, television, and Internet broadcasting to the people of Belarus 

in languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and 

Belsat.’’. 

SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. 

Section 6 of the Belarus Democracy Act of 2004 (Public Law 

109–480; 22 U.S.C. 5811 note) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘or expression, 

including those individuals jailed based on political beliefs 

or expression in connection with repression that attended 

the presidential election of December 19, 2010’’ before the 

period at the end; 

(B) in paragraph (2), by inserting ‘‘, including politically 

motivated legal charges made in connection with repression 

that attended the presidential election of December 19, 

2010’’ before the period at the end; 

(C) in paragraph (5), by inserting ‘‘and violations of 

human rights, including violations of human rights committed in connection with the presidential election of 

December 19, 2010’’ before the period at the end; and 

(D) in paragraph (7), by striking ‘‘internationally recognized observers’’ and inserting ‘‘OSCE observers’’; 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) by striking ‘‘subparagraph (A)’’ and inserting 

‘‘paragraph (1)’’; and 

(ii) by striking ‘‘or’’ at the end; 

Victor Gonchar, 

Anatoly 

Krasovsky, Yuri 

Zakharenka, and 

Dmitry 

Zavadsky. 


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PUBLIC LAW 112–82—JAN. 3, 2012 125 STAT. 1867 

(B) in paragraph (3), by striking the period at the 

end and inserting a semicolon; and 

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

‘‘(4) is a member of any branch of the security or law 

enforcement services of Belarus and has participated in the 

violent crackdown on opposition leaders, journalists, and peaceful protestors that occurred in connection with the presidential 

election of December 19, 2010; or 

‘‘(5) is a member of any branch of the security or law 

enforcement services of Belarus and has participated in the 

persecution or harassment of religious groups, human rights 

defenders, democratic opposition groups, or independent media 

or journalists.’’; 

(3) in subsection (e), by striking ‘‘of each international 

financial institution to which’’ and inserting ‘‘at each international financial institution of which’’; and 

(4) in subsection (f)(2)(B)(ii), by striking ‘‘(as defined in 

section 40102 of title 49, United States Code)’’. 

SEC. 5. REPORT. 

Section 8(a) of the Belarus Democracy Act of 2004 (Public 

Law 109–480; 22 U.S.C. 5811 note) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘this 

Act’’ and inserting ‘‘the Belarus Democracy and Human Rights 

Act of 2011’’; 

(2) in paragraph (1), by striking ‘‘sale or delivery of weapons 

or weapons-related technologies’’ and inserting ‘‘sale or delivery 

or provision of weapons or weapons-related technologies or 

weapons-related training’’; 

(3) in paragraph (2), by striking ‘‘involved in the sale’’ 

and inserting ‘‘or weapons-related training involved in the sale 

or delivery or provision’’; 

(4) in paragraph (3), by inserting ‘‘or weapons-related 

training described in paragraph (1)’’ before the period at the 

end; and 

(5) by adding at the end the following new paragraph: 

‘‘(5) The cooperation of the Government of Belarus with 

any foreign government or organization for purposes related 

to the censorship or surveillance of the Internet, or the purchase 

or receipt by the Government of Belarus of any technology 

or training from any foreign government or organization for 

purposes related to the censorship or surveillance of the Internet.’’. 

SEC. 6. DEFINITIONS. 

Section 9 of the Belarus Democracy Act of 2004 (Public Law 

109–480; 22 U.S.C. 5811 note) is amended— 

(1) in paragraph (1), by striking ‘‘Committee on International Relations’’ and inserting ‘‘Committee on Foreign 

Affairs’’; and 

(2) in paragraph (3)— 

(A) in subparagraph (B)(i), by striking ‘‘and prosecutors’’ and inserting ‘‘, prosecutors, and heads of professional 

associations and educational institutions’’; and 

(B) in subparagraph (C), by striking ‘‘Lukashenka 

regime’’ and inserting ‘‘Government of Belarus’’. 


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125 STAT. 1868 PUBLIC LAW 112–82—JAN. 3, 2012 

LEGISLATIVE HISTORY—H.R. 515: 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

July 6, considered and passed House. 

Dec. 14, considered and passed Senate, amended. 

Dec. 19, 20, House considered and concurred in Senate amendments. 

Æ 

SEC. 7. FUNDING FOR REPORT. 

The requirement to prepare and transmit the report required 

under section 8 of the Belarus Democracy Act of 2004 (Public 

Law 109–480; 22 U.S.C. 5811 note), as amended by section 5 

of this Act, shall be performed within current levels of authorized 

and appropriated funding. 

Approved January 3, 2012. 


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