PUBLIC LAW 108–347—OCT. 20, 2004 118 STAT. 1383

Public Law 108–347

108th Congress

An Act

To provide for the promotion of democracy, human rights, and rule of law in

the Republic of Belarus and for the consolidation and strengthening of Belarus

sovereignty and independence.

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 Act of 2004’’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The United States supports the promotion of democracy,

respect for human rights, and the rule of law in the Republic

of Belarus consistent with its commitments as a participating

state of the Organization for Security and Cooperation in

Europe (OSCE).

(2) The United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies.

(3) In November 1996, Lukashenka orchestrated 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, and extend his term of office to 2001.

(4) Democratic forces in Belarus have organized peaceful

demonstrations against the Lukashenka regime in cities and

towns throughout Belarus which led to beatings, mass arrests,

and extended incarcerations.

(5) Victor Gonchar, Anatoly Krasovsky, and Yuri

Zakharenka, who have been leaders and supporters of the

democratic forces in Belarus, and Dmitry Zavadsky, a journalist

known for his critical reporting in Belarus, have disappeared

and are presumed dead.

(6) Former Belarus Government officials have come forward

with credible allegations and evidence that top officials of the

Lukashenka regime were involved in the disappearances.

(7) The Belarusian authorities have mounted a major

systematic crackdown on civil society through the closure,

harassment, and repression of nongovernmental organizations,

and independent trade unions.

(8) The Belarusian authorities actively suppress freedom

of speech and expression, including engaging in systematic

reprisals against independent media.

Victor Gonchar.

Anatoly

Krasovsky.

Yuri

Zakharenka.

Dmitry

Zavadsky.

22 USC 5811

note.

Belarus

Democracy Act of

2004.

22 USC 5811

note.

Oct. 20, 2004

[H.R. 854]

118 STAT. 1384 PUBLIC LAW 108–347—OCT. 20, 2004

(9) The Lukashenka regime has reversed the revival of

Belarusian language and culture, including through the closure

of the National Humanities Lyceum, the last remaining high

school where classes were taught in the Belarusian language.

(10) The Lukashenka regime harasses the autocephalic

Belarusian Orthodox Church, the Roman Catholic Church, the

Jewish community, the Hindu Lights of Kalyasa community,

evangelical Protestant churches (such as Baptist and Pentecostal groups), and other minority religious groups.

(11) The Law on Religious Freedom and Religious

Organizations, passed by the National Assembly and signed

by Lukashenka on October 31, 2002, establishes one of the

most repressive legal regimes in the OSCE region, severely

limiting religious freedom and placing excessively burdensome

government controls on religious practice.

(12) The parliamentary elections of October 15, 2000, and

the presidential election of September 9, 2001, were determined

to be fundamentally unfair and nondemocratic.

(13) The Government of Belarus has made no substantive

progress in addressing criteria established by the OSCE in

2000, ending repression and the climate of fear, permitting

a functioning independent media, ensuring transparency of the

elections process, and strengthening of the functions of parliament.

SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY

IN BELARUS.

(a) PURPOSES OF ASSISTANCE.—The assistance under this section shall be available for the following purposes:

(1) To assist the people of the Republic of Belarus in

regaining their freedom and to enable them to join the European community of democracies.

(2) To encourage free and fair presidential, parliamentary,

and local elections in Belarus, conducted in a manner consistent

with internationally accepted standards and under the supervision of internationally recognized observers.

(3) To assist in restoring and strengthening institutions

of democratic governance in Belarus.

(b) AUTHORIZATION FOR ASSISTANCE.—To carry out the purposes

of subsection (a), the President is authorized to furnish assistance

and other support for the activities described in subsection (c),

to be provided primarily for indigenous Belarusian groups that

are committed to the support of democratic processes.

(c) ACTIVITIES SUPPORTED.—Activities that may be supported

by assistance under subsection (b) include—

(1) the observation of elections and the promotion of free

and fair electoral processes;

(2) development of democratic political parties;

(3) radio and television broadcasting to and within Belarus;

(4) the development of nongovernmental organizations promoting democracy and supporting human rights;

(5) the development of independent media working within

Belarus and from locations outside the country and supported

by nonstate-controlled printing facilities;

(6) international exchanges and advanced professional

training programs for leaders and members of the democratic

President.

22 USC 5811

note.

PUBLIC LAW 108–347—OCT. 20, 2004 118 STAT. 1385

forces in skill areas central to the development of civil society;

and

(7) other activities consistent with the purposes of this

Act.

(d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.— There are authorized to be appropriated

to the President to carry out this section such sums as may

be necessary for each of the fiscal years 2005 and 2006.

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations under paragraph

(1) are authorized to remain available until expended.

SEC. 4. RADIO BROADCASTING TO BELARUS.

(a) PURPOSE.—It is the purpose of this section to authorize

increased support for United States Government and surrogate

radio broadcasting to the Republic of Belarus that will facilitate

the unhindered dissemination of information.

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to such

sums as are otherwise authorized to be appropriated, there are

authorized to be appropriated such sums as may be necessary

for fiscal year 2005 and each subsequent fiscal year for radio broadcasting to the people of Belarus in languages spoken in Belarus.

SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST

BELARUS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the sanctions described in subsection (c) 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 figures 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 responsible

for their disappearances.

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

against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including

their leadership and members), and the political opposition

in Belarus.

(5) The implementation of free and fair presidential and

parliamentary elections in Belarus consistent with OSCE

commitments.

(c) PROHIBITION ON LOANS AND INVESTMENT.—

(1) UNITED STATES GOVERNMENT FINANCING.—No loan,

credit guarantee, insurance, financing, or other similar financial

assistance should be extended by any agency of the United

States Government (including the Export-Import Bank and the

Overseas Private Investment Corporation) to the Government

22 USC 5811

note.

22 USC 5811

note.

118 STAT. 1386 PUBLIC LAW 108–347—OCT. 20, 2004

of Belarus, except with respect to the provision of humanitarian

goods and agricultural or medical products.

(2) TRADE AND DEVELOPMENT AGENCY.—No funds available

to the Trade and Development Agency should be available

for activities of the Agency in or for Belarus.

(d) MULTILATERAL FINANCIAL ASSISTANCE.—It is further the

sense of Congress that, in addition to the application of the sanctions described in subsection (c) 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)), 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.

SEC. 6. MULTILATERAL COOPERATION.

It is the sense of Congress that the President should continue

to seek to coordinate with other countries, particularly European

countries, a comprehensive, multilateral strategy to further the

purposes of this Act, including, as appropriate, encouraging other

countries to take measures with respect to the Republic of Belarus

that are similar to measures described in this Act.

SEC. 7. REPORT.

(a) REPORT.— Not later than 90 days after the date of the

enactment of this Act, and not later than 1 year thereafter, the

President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-

month period, and to the extent practicable the following:

(1) The sale or delivery of weapons or weapons-related

technologies from the Republic of Belarus to any country, the

government of which the Secretary of State has determined,

for purposes of section 6(j)(1) of the Export Administration

Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided

support for acts of international terrorism.

(2) An identification of each country described in paragraph

(1) and a detailed description of the weapons or weaponsrelated technologies involved in the sale.

(3) An identification of the goods, services, credits, or other

consideration received by Belarus in exchange for the weapons

or weapons-related technologies.

(4) The personal assets and wealth of Aleksandr

Lukashenka and other senior leadership of the Government

of Belarus.

(b) FORM.—A report transmitted pursuant to subsection (a)

shall be in unclassified form but may contain a classified annex.

SEC. 8. DECLARATION OF POLICY.

Congress hereby—

(1) calls upon the Lukashenka regime to cease its persecution of political opponents or independent journalists and to

release those individuals who have been imprisoned for

opposing his regime or for exercising their right to freedom

of speech;

22 USC 5811

note.

22 USC 5811

note.

22 USC 5811

note.

PUBLIC LAW 108–347—OCT. 20, 2004 118 STAT. 1387

LEGISLATIVE HISTORY—H.R. 854:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 4, considered and passed House.

Oct. 6, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Oct. 20, Presidential statement.

Æ

(2) expresses its grave concern about the disappearance

of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and

Dmitry Zavadsky and calls upon the Lukashenka regime to

cooperate fully with the Belrussian civil initiative ‘‘We

Remember’’ and to extend to this organization all necessary

information to find out the truth about the disappearances;

(3) calls upon the Lukashenka regime to cooperate fully

with the Parliamentary Assembly of the Council of Europe

(PACE) and its specially appointed representatives in matters

regarding the resolution of the cases of the disappeared; and

(4) commends the democratic opposition in Belarus for

their commitment to participate in October 2004 Parliamentary

elections as a unified coalition and for their courage in the

face of the repression of the Lukashenka regime in Belarus.

SEC. 9. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on International Relations of the House of Representatives

and the Committee on Foreign Relations of the Senate.

(2) OSCE.—The term ‘‘OSCE’’ means the Organization for

Security and Cooperation in Europe.

(3) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS.—

The term ‘‘senior leadership of the Government of Belarus’’

includes—

(A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of

Belarus;

(B) any official of the Government of Belarus who

is personally and substantially involved in the suppression

of freedom in Belarus, including judges and prosecutors;

and

(C) any other individual determined by the Secretary

of State (or the Secretary’s designee) to be personally and

substantially involved in the formulation or execution of

the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards.

Approved October 20, 2004.

22 USC 5811

note.