I 

109TH CONGRESS 

1ST SESSION H. R. 3545 

To limit assistance to the Government of Uzbekistan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. DELAHUNT (for himself and Mr. DOGGETT) introduced the following bill; 

which was referred to the Committee on International Relations, and in 

addition to the Committees on the Judiciary and Armed Services, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To limit assistance to the Government of Uzbekistan, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uzbekistan Freedom 

5 Promotion Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The Department of State’s 2004 Country 

2 Reports on Human Rights Practices for Uzbekistan 

3 states the following: 

4 (A) ‘‘Uzbekistan is an authoritarian state 

5 with limited civil rights . . . President Islam 

6 Karimov and the centralized executive branch 

7 that serves him dominated political life and ex8 ercised nearly complete control over the other 

9 branches . . . The Government is highly central10 ized and is ruled by President Karimov and the 

11 executive branch through sweeping decree pow12 ers, primary authority for drafting legislation, 

13 and control of government appointments, most 

14 of the economy, and the security forces.’’. 

15 (B) ‘‘On December 26, [2004,] elections 

16 were held for seats in the lower chamber of the 

17 Supreme Assembly (Oliy Majlis) that fell sig18 nificantly short of international standards for 

19 democratic elections . . . Citizens could not ex20 ercise the right to change their government 

21 peacefully . . . The law makes it extremely dif22 ficult for opposition parties to organize, nomi23 nate candidates, and campaign.’’. 

24 (C) ‘‘Police and, to a lesser extent, NSS 

25 [National Security Service] forces tortured, 
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1 beat, and harassed persons . . . Members of the 

2 security forces responsible for documented 

3 abuses were rarely punished . . . Police, prison 

4 officials, and the NSS allegedly used suffo5 cation, electric shock, rape, and other sexual 

6 abuse; however, beating was the most commonly 

7 reported method of torture.’’. 

8 (D) ‘‘The number of persons in prison for 

9 political or religious reasons—primarily persons 

10 the Government believed were associated with 

11 extremist Islamist political groups, but also 

12 members of the secular opposition and human 

13 rights activists—was estimated to be between 

14 5,000 and 5,500.’’. 

15 (E) ‘‘The Government severely restricted 

16 freedom of speech and the press, and an atmos17 phere of repression stifled public criticism of 

18 the Government.’’. 

19 (F) ‘‘The Government continued to deny 

20 registration to several independent domestic 

21 human rights groups and increased pressure on 

22 unregistered groups . . . The Government de23 nied the registration applications of two opposi24 tion political parties. The Government harassed 
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1 and abused members of domestic human rights 

2 groups.’’. 

3 (G) ‘‘The Government restricted freedom 

4 of religion and harassed individuals suspected 

5 of belonging to extremist groups; several hun6 dred were arrested. The Government limited the 

7 activities of minority religions.’’. 

8 (H) ‘‘The public generally did not have ac9 cess to Government information, and informa10 tion normally considered in the public domain, 

11 such as prosecutions for corruption or official 

12 malfeasance, were seldom reported.’’. 

13 (2) On May 13, 2005, security forces of the 

14 Government of Uzbekistan conducted a brutal and 

15 indiscriminate assault on thousands of demonstra16 tors and onlookers in the city of Andijan, which re17 sulted in hundreds of deaths and many more inju18 ries. 

19 (3) The Office for Democratic Institutions and 

20 Human Rights of the Organization for Security and 

21 Cooperation in Europe (OSCE) stated in its ‘‘Pre22 liminary Findings on the Events in Andijan, 

23 Uzbekistan, 13 May 2005’’ that many of the 

24 protestors ‘‘spoke about social and economic prob25 lems (lack of transparency, corruption in the govern-
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1 ment, unfair trials, abuse by police, unemployment, 

2 taxation, etc) . . . this also attracted others to the 

3 square’’. 

4 (4) The Government of Uzbekistan has impris5 oned dozens of individuals who participated in peace6 ful demonstrations and continues to engage in wide7 spread arrests in the aftermath of the May 13, 

8 2005, assault. 

9 (5) The Government of Uzbekistan has consist10 ently denied that a massacre in Andijan took place, 

11 expelled local and foreign journalists from the re12 gion, and has refused to open the area to a full and 

13 independent investigation into the violence. 

14 (6) Following the massacre in Andijan, hun15 dreds of Uzbek citizens fled to neighboring 

16 Kyrgyzstan, which faces pressure from the Uzbek 

17 Government to quickly return them, despite well18 grounded concerns that they may be arrested and 

19 tortured upon their return, and where, although pro20 tected as refugees under international law, they have 

21 been targeted by Uzbek authorities for illegal repa22 triation and face continued threat from Uzbek secu23 rity services operating in southern Kyrgyzstan. 

24 (7) In June 2005, the United States, the Euro25 pean Union (EU), the North Atlantic Treaty Orga-
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1 nization (NATO), the United Nations High Commis2 sioner for Human Rights, and the Organization for 

3 Security and Cooperation in Europe called for a 

4 credible independent international inquiry into the 

5 recent violence in Andijan and urged the Govern6 ment of Uzbekistan to prosecute those responsible 

7 for civilian deaths. 

8 (8) A July 12, 2005, report by the United Na9 tions High Commissioner for Human Rights states 

10 that ‘‘consistent, credible eyewitness testimony 

11 strongly suggests that grave human rights violations, 

12 mostly of the right to life, were committed by Uzbek 

13 military and security forces . . . It is not excluded— 

14 judging from the accounts of the eyewitnesses inter15 viewed—that the incidents amounted to a mass kill16 ing . . .’’ in Andijan and reiterates a call for an 

17 independent international probe. 

18 (9) In July 2004, after a Department of State 

19 review of democratization in Uzbekistan, former Sec20 retary of State Colin Powell determined that the 

21 Government of Uzbekistan was not fulfilling the 

22 terms of a 2002 Strategic Partnership Framework 

23 agreement that mandated ‘‘substantial and con24 tinuing progress’’ on democratization, and accord-
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1 ingly, he did not certify Uzbekistan as eligible to re2 ceive certain United States assistance. 

3 (10) By continuing to suppress human rights 

4 and to deny citizens peaceful, democratic means of 

5 expressing their convictions, the Government of 

6 Uzbekistan risks fueling popular support for violent 

7 and extremist movements. 

8 (11) President George W. Bush, in his second 

9 Inaugural Address, stated that the United States 

10 ‘‘will persistently clarify the choice before every ruler 

11 and every nation: The moral choice between oppres12 sion, which is always wrong, and freedom, which is 

13 eternally right. America will not pretend that jailed 

14 dissidents prefer their chains, or that women wel15 come humiliation and servitude, or that any human 

16 being aspires to live at the mercy of bullies. We will 

17 encourage reform in other governments by making 

18 clear that success in our relations will require the 

19 decent treatment of their own people.’’. 

20 (12) Congress has repeatedly expressed its de21 sire to see deeper reform in Uzbekistan and has con22 ditioned certain United States assistance to the Gov23 ernment of Uzbekistan on its progress in meeting 

24 human rights and democracy commitments made to 

25 the United States. 
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1 (13) After expressions of concern by representa2 tives of the Administration and Congress about the 

3 massacre at Andijan, the Government of Uzbekistan 

4 has restricted the use of the airbase at Karshi5 Khanabad by United States military forces. 

6 (14) On July 5, 2005, the Government of 

7 Uzbekistan joined the Governments of the Russian 

8 Federation, the People’s Republic of China, 

9 Kyrgyzstan, Kazakhstan, and Tajikistan in calling 

10 on countries involved in Coalition operations in Af11 ghanistan to set a deadline for ending their use of 

12 airfields and other military presence in Central Asia. 

13 (15) On July 7, 2005, the Government of 

14 Uzbekistan indicated that it was reconsidering the 

15 use by the United States of the Karshi-Khanabad 

16 airbase. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress the actions of the Govern19 ment of Uzbekistan in general and in the case of the 

20 Andijan massacre specifically— 

21 (1) are reprehensible, totalitarian, and unbe22 coming of an ally of the United States; 

23 (2) are counterproductive to the United States 

24 goals of promoting freedom and democracy; and 
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1 (3) justify an end to United States assistance 

2 for, and an increase in restrictions on, the Govern3 ment of Uzbekistan until it accelerates democratic 

4 reforms and fulfills its human rights obligations. 

5 SEC. 4. LIMITATION ON ASSISTANCE TO THE GOVERNMENT 

6 OF UZBEKISTAN. 

7 (a) AMENDMENT.—Chapter 1 of part III of the For8 eign Assistance Act of 1961 (22 U.S.C. 2353 et seq.) is 

9 amended— 

10 (1) by redesignating the second section 620G 

11 (as added by section 149 of Public Law 104–164 

12 (110 Stat. 1436)) as section 620J; and 

13 (2) by adding at the end the following new sec14 tion: 

15 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE GOVERN16 MENT OF UZBEKISTAN. 

17 ‘‘(a) LIMITATION.—Notwithstanding any other provi18 sion of law, assistance under this Act or any other provi19 sion of law, other than assistance under the provisions of 

20 law described in subsection (b), may be provided to the 

21 Government of the Republic of Uzbekistan for a fiscal year 

22 only if the President transmits to the appropriate congres23 sional committees a certification described in subsection 

24 (c) for the fiscal year. 
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1 ‘‘(b) PROVISIONS OF LAW EXCLUDED.—The provi2 sions of law described in this subsection are the following: 

3 ‘‘(1) Title IV of chapter 2 of part I of this Act 

4 (relating to insurance, reinsurance, guarantees or 

5 other assistance provided by the Overseas Private 

6 Investment Corporation). 

7 ‘‘(2) Section 661 of this Act (relating to assist8 ance provided by the Trade and Development Agen9 cy). 

10 ‘‘(3) Title V of the FREEDOM Support Act, 

11 sections 1424 and 1501(b) of the National Defense 

12 Authorization Act for Fiscal Year 1997, and any 

13 other provision of law that authorizes the provision 

14 of non-proliferation assistance to foreign countries. 

15 ‘‘(4) Any provision of law that authorizes activi16 ties of the United States and Foreign Commercial 

17 Service. 

18 ‘‘(5) The Export-Import Bank Act of 1945. 

19 ‘‘(6) Any provision of law that authorizes the 

20 provision of humanitarian assistance. 

21 ‘‘(c) CERTIFICATION.—A certification described in 

22 this subsection is a certification that contains a determina23 tion of the President that— 

24 ‘‘(1) the Government of Uzbekistan has per25 mitted and is fully cooperating with and supporting 
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1 an independent international inquiry into the vio2 lence in Andijan, Uzbekistan, has ceased pressuring 

3 the Government of Kyrgyzstan to return the refu4 gees who fled after the massacre, and is prosecuting 

5 those individuals responsible for civilian deaths or 

6 injuries in the violence; and 

7 ‘‘(2) the Government of Uzbekistan has acceler8 ated democratic reforms and fulfilled its human 

9 rights obligations by— 

10 ‘‘(A) releasing from prison all individuals 

11 jailed for peaceful political activism or the non12 violent expression of their political or religious 

13 beliefs; 

14 ‘‘(B) fully investigating any credible allega15 tions of torture and prosecuting those individ16 uals responsible; 

17 ‘‘(C) permitting the free and unfettered 

18 functioning of independent media outlets, inde19 pendent political parties, and nongovernmental 

20 organizations, whether officially registered or 

21 not; 

22 ‘‘(D) permitting the free exercise of reli23 gious beliefs and ceasing the persecution of 

24 members of religious groups and denominations 
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1 not registered with the Government of 

2 Uzbekistan; 

3 ‘‘(E) holding internationally-observed, free, 

4 transparent, competitive, and fair elections; and 

5 ‘‘(F) making publicly available documenta6 tion of its revenues and expenditures and pros7 ecuting those individuals engaged in official cor8 ruption. 

9 ‘‘(d) DEFINITION.—In this section, the term ‘appro10 priate congressional committees’ means— 

11 ‘‘(1) the Committee on International Relations 

12 and the Committee on Appropriations of the House 

13 of Representatives; and 

14 ‘‘(2) the Committee on Foreign Relations and 

15 the Committee on Appropriations of the Senate.’’. 

16 (b) EFFECTIVE DATE.—The limitation on assistance 

17 to the Government of Uzbekistan under section 620K of 

18 the Foreign Assistance Act of 1961, as added by sub19 section (a), applies with respect to assistance for the Gov20 ernment of Uzbekistan for fiscal year 2006 and subse21 quent fiscal years. 

22 SEC. 5. RESTRICTION ON VISAS. 

23 A visa may not be issued to any official of the Gov24 ernment of Uzbekistan who is credibly alleged to have or25 dered, acquiesced to, or participated in human rights 
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1 abuses or corruption unless the Secretary of State certifies 

2 to the appropriate congressional committees that the 

3 issuance of the visa is in the national security interests 

4 of the United States. 

5 SEC. 6. FREEZING OF ASSETS. 

6 (a) IN GENERAL.—The President shall seek to iden7 tify and freeze the financial assets and other economic re8 sources in the United States of any official of the Govern9 ment of Uzbekistan, and their family members, who is 

10 credibly alleged to have ordered, acquiesced to, or partici11 pated in human rights abuses, including the massacre in 

12 Andijan. 

13 (b) LIFTING OF RESTRICTIONS.—The President 

14 shall, on a case-by-case basis, lift the freezing of financial 

15 assets or other economic resources of any official or indi16 vidual under this section if the President certifies to the 

17 appropriate congressional committees that the official or 

18 individual has been properly investigated and cleared of 

19 any wrongdoing and that the Government of the United 

20 States is confident that the investigation was properly con21 ducted, transparent, and free of political influence. 

22 SEC. 7. MUNITIONS EXPORT LICENSES. 

23 The President shall prohibit the export to Uzbekistan 

24 of any item, including the issuance of a license for the 

25 export of any item under section 38 of the Arms Export 
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1 Control Act (22 U.S.C. 2778), on the United States Muni2 tions List or Commerce Control List or any dual use item 

3 under the Export Administration Regulations unless the 

4 President certifies to the appropriate congressional com5 mittees and the Committees on Armed Services of the 

6 House of Representatives and the Senate that the Govern7 ment of Uzbekistan meets the requirements of paragraphs 

8 (1) and (2) of section 620K(c) of the Foreign Assistance 

9 Act of 1961, as added by section 4 of this Act. 

10 SEC. 8. EMERGENCY REFUGEE ADMISSION. 

11 The President shall expedite admission to the United 

12 States of any national of Uzbekistan who is under threat 

13 of severe penalty as a result of participating in pro-democ14 racy activities, including those citizens of Uzbekistan who 

15 have fled to Kyrgyzstan, and should encourage other gov16 ernments to accept Uzbek refugees for resettlement. 

17 SEC. 9. PLAN TO MOVE UNITED STATES MILITARY OPER18 ATIONS. 

19 Not later than 60 days after the date of the enact20 ment of this Act, the President shall transmit to the ap21 propriate congressional committees and the Committees 

22 on Armed Services of the House of Representatives and 

23 the Senate a plan to move all existing United States mili24 tary operations in Uzbekistan to facilities outside that 

25 country. 
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1 SEC. 10. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on International Rela7 tions and the Committee on Appropriations of 

8 the House of Representatives; and 

9 (B) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate. 

12 (2) COMMERCE CONTROL LIST.—The term 

13 ‘‘Commerce Control List’’ means the list maintained 

14 under part 774 of title 15, Code of Federal Regula15 tions. 

16 (3) DUAL USE.—The term ‘‘dual use’’ means, 

17 with respect to goods or technology, those goods or 

18 technology that are specifically designed or devel19 oped for civil purposes but which also may be used 

20 or deployed in a military or proliferation mode. Such 

21 term does not include purely commercial items. 

22 (4) EXPORT ADMINISTRATION REGULATION.— 

23 The term ‘‘Export Administration Regulations’’ 

24 means those regulations contained in sections 730 

25 through 774 of title 15, Code of Federal Regulations 

26 (or successor regulations). 
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1 (5) ITEM.—The term ‘‘item’’ means any good 

2 or technology, defense article or defense service sub3 ject to the export jurisdiction of the United States 

4 under law or regulation. 

5 (6) UNITED STATES MUNITIONS LIST.—The 

6 term ‘‘United States Munitions List’’ means the list 

7 referred to in section 38(a)(1) of the Arms Export 

8 Control Act (22 U.S.C. 2778(a)(1)). 

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