Page 1209 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5801

be included in such report, where applicable, a

separate subreport on Hong Kong under the

heading of the state that exercises sovereignty

over Hong Kong. The reports to which this section applies include the reports transmitted

under—

(1) sections 2151n(d) and 2304(b) of this title

(relating to human rights);

(2) section 2241 of title 19 (relating to trade

barriers); and

(3) section 4711 of title 15 (relating to economic policy and trade practices).

(Pub. L. 102–383, title III, §302, Oct. 5, 1992, 106

Stat. 1454.)

CHAPTER 67—FREEDOM FOR RUSSIA AND

EMERGING EURASIAN DEMOCRACIES AND

OPEN MARKETS SUPPORT

Sec.

5801. Definition of independent states.

SUBCHAPTER I—GENERAL PROVISIONS

5811. Findings.

5812. Program coordination, implementation, and

oversight.

(a) Coordination.

(b) Export promotion activities.

(c) International economic activities.

(d) Accountability for funds.

5813. Report on overall assistance and economic

cooperation strategy.

(a) Requirement for submission.

(b) Assistance plan.

5814. Annual report.

SUBCHAPTER II—BUSINESS AND COMMERCIAL

DEVELOPMENT

5821. American Business Centers.

(a) Establishment.

(b) Environmental business centers and

agribusiness centers.

(c) Additional policy guidance.

(d) Funding.

5822. Business and Agriculture Advisory Council.

(a) Establishment.

(b) Membership.

(c) Staff.

5823. Funding for export promotion activities and

capital projects.

(a) Allocation of A.I.D. funds.

(b) Export promotion, finance, and related activities.

5824. Interagency working group on energy of the

Trade Promotion Coordinating Committee.

5825. Repealed.

5826. Policy on combatting tied aid practices.

5827. Technical assistance for Russian Far East.

(a) Authorization.

(b) Authorization of appropriations.

5828. Funding for OPIC programs.

(a) Authority to make additional funds

available.

(b) Enactment of OPIC Authorization

Act.

SUBCHAPTER III—THE DEMOCRACY CORPS

5841. Authorization for establishment of Democracy Corps.

(a) Establishment; purpose.

(b) Board of Directors.

(c) Grants to Democracy Corps; purpose.

(d) Activities.

(e) Grant agreement.

(f) Coordination.

(g) Prohibition on campaign financing.

(h) Freedom of information.

(i) Annual reports.

Sec.

(j) Authorization of appropriations.

(k) Sunset provision.

(l) Definitions.

SUBCHAPTER IV—NONPROLIFERATION AND

DISARMAMENT PROGRAMS AND ACTIVITIES

5851. Findings.

5852. Eligibility.

5853. Nonproliferation and disarmament activities

in independent states.

(a) Authorization.

(b) Funding priorities.

(c) Use of defense funds.

5854. Nonproliferation and disarmament fund.

(a) Authorization.

(b) Funding priorities.

(c) Use of security assistance funds.

5855. Limitations on defense conversion authorities.

5856. Soviet weapons destruction.

(a), (b) Omitted.

(c) Avoidance of duplicative amendments.

5857. Waiver of certain provisions.

(a) In general.

(b) Exceptions.

5858. Notice and reports to Congress.

(a) Notice of proposed obligations.

(b) Semiannual report.

(c) Appropriate congressional committees.

5859. International nonproliferation initiative.

(a) to (e) Omitted.

(f) Avoidance of duplicative authorizations.

5859a. International nonproliferation initiative.

(a) Assistance for international nonproliferation activities.

(b) Activities for which assistance may

be provided.

(c) Form of assistance.

(d) Sources of assistance.

(e) Quarterly report.

(f) Termination of authority.

5860. Report on special nuclear materials.

5861. Research and Development Foundation.

(a) Establishment.

(b) Purposes.

(c) Functions.

(d) Funding.

SUBCHAPTER V—SPACE TRADE AND

COOPERATION

5871. Facilitating discussions regarding acquisition

of space hardware, technology, and services

from former Soviet Union.

(a) Expedited review.

(b) Notice to Congress if license denied.

(c) Description of discussions.

5872. Office of Space Commerce.

(a) Trade missions.

(b) Monitoring negotiations.

5873. Report to Congress.

5874. Definitions.

§ 5801. Definition of independent states

For purposes of this Act, the terms ‘‘independent states of the former Soviet Union’’ and

‘‘independent states’’ mean the following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,

Kyrgyzstan, Moldova, Russia, Tajikistan,

Turkmenistan, Ukraine, and Uzbekistan.

(Pub. L. 102–511, §3, Oct. 24, 1992, 106 Stat. 3321.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102–511, Oct.

24, 1992, 106 Stat. 3320, known as the Freedom for Russia
§ 5801 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1210

and Emerging Eurasian Democracies and Open Markets

Support Act of 1992 and also as the FREEDOM Support

Act. For complete classification of this Act to the

Code, see Short Title note below and Tables.

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103–199, §1, Dec. 17, 1993, 107 Stat. 2317, provided that: ‘‘This Act [amending sections 295, 2301, 2364,

2370, 2460, 2461, 2578, 2591, 2592, 2595, 2799c, 2799d, 4501 to

4504, 4702, and 4901 of this title, section 4101 of Title 15,

Commerce and Trade, sections 1151 and 1152 of Title 16,

Conservation, section 951 of Title 18, Crimes and Criminal Procedure, section 783 of Title 50, War and National

Defense, and sections 2401 and 2402 of Title 50, Appendix, repealing sections 254c–2, 2592a, and 2592b of this

title, sections 781, 782, 784, 785, 788 to 795, and 798 of

Title 50, and section 2403–1 of Title 50, Appendix, enacting provisions set out as notes under this section, sections 113 and 2431 of Title 10, Armed Forces, and section

2402 of Title 50, Appendix, amending provisions set out

as notes under section 4501 of this title, section 113 of

Title 10, section 2901 of Title 15, and section 1003 of

Title 40, Public Buildings, Property, and Works, and repealing provisions set out as notes under sections 287,

2151, 2293, 2458, and 4301 of this title, section 1307 of

Title 19, Customs Duties, and section 781 of Title 50]

may be cited as the ‘Act For Reform In Emerging New

Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States’ or as the ‘FRIENDSHIP Act’.’’

SHORT TITLE

Section 1 of Pub. L. 102–511 provided that: ‘‘This Act

[enacting this chapter and sections 282m, 282n, 286e–1l,

286e–5b, 286e–13, 286ll, 286mm, 288j, 2295 to 2295c, and 5402

of this title, amending sections 262d, 2370, 2507, and 4903

of this title and sections 1736o, 3293, 5602, 5621, 5622, and

5651 of Title 7, Agriculture, enacting provisions set out

as notes under sections 2295a, 2452, 2753, 4903, and 5812 of

this title, section 5621 of Title 7, and section 955 of Title

18, Crimes and Criminal Procedure, amending provisions set out as notes under section 2452 of this title,

section 5622 of Title 7, and sections 1157 and 1255 of

Title 8, Aliens and Nationality, and repealing provisions set out as a note under section 2452 of this title]

may be cited as the ‘Freedom for Russia and Emerging

Eurasian Democracies and Open Markets Support Act

of 1992’ or the ‘FREEDOM Support Act’.’’

POLICY OF FRIENDSHIP AND COOPERATION

Pub. L. 103–199, title I, §§101–103, Dec. 17, 1993, 107

Stat. 2318, 2319, provided that:

‘‘SEC. 101. STATEMENT OF PURPOSE.

‘‘The purpose of this Act [see Short Title of 1993

Amendment note above] is to amend or repeal numerous statutory provisions that restrict or otherwise impede normal relations between the United States and

the Russian Federation, Ukraine, and the other independent states of the former Soviet Union. All of the

statutory provisions amended or repealed by this Act

were relevant and appropriate at the time of enactment, but with the end of the Cold War, they have become obsolete. It is not the purpose of this Act to rewrite or erase history, or to forget those who suffered

in the past from the injustices or repression of communist regimes in the Soviet Union, but rather to update United States law to reflect changed international

circumstances and to demonstrate for reformers and

democrats in the independent states of the former Soviet Union the resolve of the people of the United

States to support the process of democratic and economic reform and to conduct business with those states

in a new spirit of friendship and cooperation.

‘‘SEC. 102. FINDINGS.

‘‘The Congress finds and declares as follows:

‘‘(1) The Vancouver Declaration issued by President

Clinton and President Yeltsin in April 1993 marked a

new milestone in the development of the spirit of cooperation and partnership between the United States

and Russia. The Congress affirms its support for the

principles contained in the Vancouver Declaration.

‘‘(2) The Vancouver Declaration underscored that—

‘‘(A) a dynamic and effective partnership between

the United States and Russia is vital to the success

of Russia’s historic transformation;

‘‘(B) the rapid integration of Russia into the community of democratic nations and the world economy is important to the national interest of the

United States; and

‘‘(C) cooperation between the United States and

Russia is essential to the peaceful resolution of

international conflicts and the promotion of democratic values, the protection of human rights, and

the solution of global problems such as environmental pollution, terrorism, and narcotics trafficking.

‘‘(3) The Congress enacted the FREEDOM Support

Act (Public Law 102–511) [see Short Title note above],

as well as other legislation such as the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public

Law 102–228) [22 U.S.C. 2551 note] and the Former Soviet Union Demilitarization Act of 1992 (title XIV of

Public Law 102–484) [22 U.S.C. 5901 et seq.], to help

meet the historic opportunities and challenges presented by the transformation that has taken place,

and is continuing to take place, in what once was the

Soviet Union.

‘‘(4) The process of reform in Russia, Ukraine, and

the other independent states of the former Soviet

Union is ongoing. The holding of a referendum in

Russia on April 25, 1993, that was free and fair, and

that reflected the support of the Russian people for

the process of continued and strengthened democratic

and economic reform, represents an important and

encouraging hallmark in this ongoing process.

‘‘(5) There remain in force many United States laws

that are relics of the Cold War, and repeals or revisions of these provisions can play an important role

in efforts to foster and strengthen the bonds of trust

and friendship, as well as mutually beneficial trade

and economic relations, between the United States

and Russia, the United States and Ukraine, and the

United States and the other independent states of the

former Soviet Union.

‘‘SEC. 103. STATUTORY PROVISIONS THAT HAVE

BEEN APPLICABLE TO THE SOVIET UNION.

‘‘(a) IN GENERAL.—There are numerous statutory provisions that were enacted in the context of United

States relations with a country, the Soviet Union, that

are fundamentally different from the relations that

now exist between the United States and Russia, between the United States and Ukraine, and between the

United States and the other independent states of the

former Soviet Union.

‘‘(b) EXTENT OF SUCH PROVISIONS.—Many of the provisions referred to in subsection (a) imposed limitations

specifically with respect to the Soviet Union, and its

constituent republics, or utilized language that reflected the tension that existed between the United

States and the Soviet Union at the time of their enactment. Other such provisions did not refer specifically

to the Soviet Union, but nonetheless were directed (or

may be construed as having been directed) against the

Soviet Union on the basis of the relations that formerly existed between the United States and the Soviet

Union, particularly in its role as the leading communist country.

‘‘(c) FINDINGS AND AFFIRMATION.—The Congress finds

and affirms that provisions such as those described in

this section, including—

‘‘(1) section 216 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4316),

‘‘(2) sections 136 [22 U.S.C. 3943 note] and 804 [99

Stat. 449] of the Foreign Relations Authorization Act,

Fiscal Years 1986 and 1987 (Public Law 99–93),

‘‘(3) section 1222 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law

100–204; 101 Stat. 1411 [1414]),
Page 1211 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5812

‘‘(4) the Multilateral Export Control Enhancement

Amendments Act [see Short Title of 1988 Amendment

note set out under section 2410 of Title 50, App., War

and National Defense] (50 [App.] U.S.C. 2410 note, et

seq.),

‘‘(5) the joint resolution providing for the designation of ‘Captive Nations Week’ (Public Law 86–90) [73

Stat. 212],

‘‘(6) the Communist Control Act of 1954 (Public Law

83–637) [see Short Title of 1954 Amendment note set

out under section 781 of Title 50],

‘‘(7) provisions in the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.), including sections

101(a)(40), 101(e)(3), and 313(a)(3) [8 U.S.C. 1101(a)(40),

(e)(3), 1424(a)(3)],

‘‘(8) section 2 of the joint resolution entitled ‘A

joint resolution to promote peace and stability in the

Middle East’, approved March 9, 1957 (Public Law

85–7) [22 U.S.C. 1961 et seq.], and

‘‘(9) section 43 of the Bretton Woods Agreements

Act (22 U.S.C. 286aa),

should not be construed as being directed against Russia, Ukraine, or the other independent states of the

former Soviet Union, connoting an adversarial relationship between the United States and the independent states, or signifying or implying in any manner unfriendliness toward the independent states.’’

DEFINITIONS FOR PUB. L. 103–199

Pub. L. 103–199, §3, Dec. 17, 1993, 107 Stat. 2318, provided that: ‘‘As used in this Act [see Short Title of 1993

Amendment note above] (including the amendments

made by this Act), the terms ‘independent states of the

former Soviet Union’ and ‘independent states’ have the

meaning given those terms by section 3 of the Freedom

for Russia and Emerging Eurasian Democracies and

Open Markets Support Act of 1992 (22 U.S.C. 5801).’’

ACT REFERRED TO IN OTHER SECTIONS

The Freedom for Russian and Emerging Eurasian Democracies and Open Markets Support Act of 1992, also

known as the FREEDOM Support Act, is referred to in

sections 2421d, 5958 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262d, 282m,

2295b, 6036 of this title; title 50 section 2302.

SUBCHAPTER I—GENERAL PROVISIONS

§ 5811. Findings

The Congress finds that—

(1) recent developments in Russia and the

other independent states of the former Soviet

Union present an historic opportunity for a

transition to a peaceful and stable international order and the integration of the independent states of the former Soviet Union into

the community of democratic nations;

(2) the entire international community has a

vital interest in the success of this transition,

and the dimension of the problems now faced

in the independent states of the former Soviet

Union makes it imperative for donor countries

and institutions to provide the expertise and

support necessary to ensure continued

progress on economic and political reforms;

(3) the United States is especially well-positioned because of its heritage and traditions

to make a substantial contribution to this

transition by building on current technical cooperation, medical, and food assistance programs, by assisting in the development of

democratic institutions, and by fostering conditions that will encourage the United States

business community to engage in trade and investment;

(4) failure to meet the opportunities presented by these developments could threaten

United States national security interests and

jeopardize substantial savings in United

States defense that these developments have

made possible;

(5) the independent states of the former Soviet Union face unprecedented environmental

problems that jeopardize the quality of life

and the very existence of not only their own

peoples but also the peoples of other countries,

and it is incumbent on the international community to assist the independent states in addressing these problems and in promoting sustainable use of resources and development;

(6) the success of United States assistance

for the independent states of the former Soviet Union depends on—

(A) effective coordination of United States

efforts with similar activities of friendly and

allied donor countries and of international

financial institutions, and

(B) reciprocal commitments by the governments of the independent states to work toward the creation of democratic institutions

and an environment hospitable to foreign investment based upon the rule of law, including negotiation of bilateral and multilateral

agreements on open trade and investment,

adoption of commercial codes, establishment

of transparency in regulatory and other governmental decision making, and timely payment of obligations carried over from previous governmental entities; and

(7) trade and investment opportunities in

the independent states of the former Soviet

Union will generate employment and other

economic benefits for the United States as the

economies of the independent states of the

former Soviet Union begin to realize their

enormous potential as both customers and

suppliers.

(Pub. L. 102–511, title I, §101, Oct. 24, 1992, 106

Stat. 3321.)

§ 5812. Program coordination, implementation,

and oversight

(a) Coordination

The President shall designate, within the Department of State, a coordinator who shall be

responsible for—

(1) designing an overall assistance and economic cooperation strategy for the independent states of the former Soviet Union;

(2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth

in this Act (including the amendments made

by this Act);

(3) pursuing coordination with other countries and international organizations with respect to assistance to independent states;

(4) ensuring that United States assistance

programs for the independent states are consistent with this Act (including the amendments made by this Act);

(5) ensuring proper management, implementation, and oversight by agencies responsible