I 

112TH CONGRESS 

1ST SESSION H. R. 515 

To reauthorize the Belarus Democracy Act of 2004. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. SMITH of New Jersey (for himself, Mr. WOLF, Mr. BURTON of Indiana, 

and Mr. ROHRABACHER) introduced the following bill; which was referred 

to the Committee on Foreign Affairs, and in addition to the Committees 

on the Judiciary and Financial 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 reauthorize the Belarus Democracy Act of 2004. 

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 ‘‘Belarus Democracy 

5 Reauthorization Act of 2011’’. 

6 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

7 Sections 2 and 3 of the Belarus Democracy Act of 

8 2004 (Public Law 109–480; 22 U.S.C. 5811 note) is 

9 amended to read as follows: 


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1 ‘‘SEC. 2. FINDINGS. 

2 ‘‘Congress finds the following: 

3 ‘‘(1) The Government of Belarus has engaged 

4 in a pattern of clear and uncorrected violations of 

5 human rights and fundamental freedoms. 

6 ‘‘(2) The Government of Belarus has engaged 

7 in a pattern of clear and uncorrected violations of 

8 basic principles of democratic governance, including 

9 through a series of fundamentally flawed presi10 dential and parliamentary elections undermining the 

11 legitimacy of executive and legislative authority in 

12 that country. 

13 ‘‘(3) The Government of Belarus has subjected 

14 thousands of pro-democratic political activists to 

15 harassment, beatings, and jailings, particularly as a 

16 result of their attempts to peacefully exercise their 

17 right to freedom of assembly and association. 

18 ‘‘(4) The Government of Belarus has attempted 

19 to maintain a monopoly over the country’s informa20 tion space, targeting independent media, including 

21 independent journalists, for systematic reprisals and 

22 elimination, while suppressing the right to freedom 

23 of speech and expression of those dissenting from 

24 the dictatorship of Aleksandr Lukashenka, and 

25 adopted laws restricting the media, including the 


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1 Internet, in a manner inconsistent with international 

2 human rights agreements. 

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

4 systematic campaign of harassment, repression, and 

5 closure of nongovernmental organizations, including 

6 independent trade unions and entrepreneurs, and 

7 this crackdown has created a climate of fear that in8 hibits the development of civil society and social soli9 darity. 

10 ‘‘(6) The Government of Belarus has subjected 

11 leaders and members of select ethnic and religious 

12 minorities to harassment, including the imposition of 

13 heavy fines and denying permission to meet for reli14 gious services. 

15 ‘‘(7) The Government of Belarus has attempted 

16 to silence dissent by persecuting human rights and 

17 pro-democracy activists with threats, firings, expul18 sions, beatings and other forms of intimidation, and 

19 restrictions on freedom of movement and prohibition 

20 of international travel. 

21 ‘‘(8) The dictator of Belarus, Aleksandr 

22 Lukashenka, established himself in power by orches23 trating an illegal and unconstitutional referendum 

24 that enabled him to impose a new constitution, abol25 ishing the duly elected parliament, the 13th SuVerDate Mar 15 2010 02:04 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H515.IH H515

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1 preme Soviet, installing a largely powerless National 

2 Assembly, extending his term in office, and removing 

3 applicable term limits. 

4 ‘‘(9) The Government of Belarus has failed to 

5 make a convincing effort to solve the cases of dis6 appeared opposition figures Yuri Zakharenka, Viktor 

7 Gonchar, and Anatoly Krasovsky and journalist 

8 Dmitry Zavadsky, even though credible allegations 

9 and evidence links top officials of the Government to 

10 these disappearance. 

11 ‘‘(10) The Government of Belarus has re12 stricted freedom of expression on the Internet by re13 quiring Internet Service Providers to maintain data 

14 on Internet users and the sites they view and to pro15 vide such data to officials upon request, and by cre16 ating a government body with the authority to re17 quire Internet Service Providers to block Web sites. 

18 ‘‘(11) On December 19, 2010, the Government 

19 of Belarus conducted a presidential election that 

20 failed to meet the standards of the Organization for 

21 Security and Cooperation in Europe (OSCE) for 

22 democratic elections. 

23 ‘‘(12) After the December 19, 2010, presi24 dential election the Government of Belarus re25 sponded to opposition protests by beating an unVerDate Mar 15 2010 02:04 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H515.IH H515

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1 known number of protestors and detaining more 

2 than 600 peaceful protestors. 

3 ‘‘(13) After the December 19, 2010, presi4 dential election the Government of Belarus jailed 

5 seven of the nine opposition presidential candidates 

6 and abused the process of criminal prosecution to 

7 persecute them. 

8 ‘‘(14) After the December 19, 2010, presi9 dential election, the Government of Belarus dis10 rupted independent broadcast and Internet media, 

11 and engaged in repressive actions against inde12 pendent journalists. 

13 ‘‘(15) After the December 19, 2010, presi14 dential election, Belarusian security services and po15 lice conducted raids targeting civil society groups, 

16 individual pro-democracy activists, and independent 

17 media. 

18 ‘‘(16) After the December 19, 2010, presi19 dential election, Belarusian officials refused to ex20 tend the mandate of the OSCE Office in Minsk. 

21 ‘‘(17) The Department of State, the Depart22 ment of the Treasury, and other executive branch 

23 agencies have heretofore made effective use of this 

24 Act to promote the purposes of this Act, as stated 

25 in section 3 of this Act. 


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1 ‘‘SEC. 3. STATEMENT OF POLICY. 

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

3 ‘‘(1) condemn the conduct of the December 19, 

4 2010, presidential election and crackdown on opposi5 tion candidates, political leaders, and activists, civil 

6 society representatives, and journalists; 

7 ‘‘(2) continue to call for the immediate release 

8 without preconditions of all political prisoners in 

9 Belarus, including all those individuals detained in 

10 connection with the December 19, 2010, presidential 

11 election; 

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

13 people of Belarus for democracy, human rights, and 

14 the rule of law; 

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

16 people of Belarus to preserve the independence and 

17 sovereignty of their country; 

18 ‘‘(5) continue to support the growth of demo19 cratic movements and institutions in Belarus, with 

20 the ultimate goal of ending tyranny in that country; 

21 ‘‘(6) continue to refuse to accept the results of 

22 the fundamentally flawed December 19, 2010, presi23 dential election held in Belarus, and to support calls 

24 for new presidential and parliamentary elections, 

25 conducted in a manner that is free and fair accord26 ing to OSCE standards; 


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

2 Belarusian government of Belarus’s freely under3 taken obligations as an OSCE participating state; 

4 ‘‘(8) continue to call for a full accounting of the 

5 disappearances of opposition leaders and journalists 

6 in Belarus, including Victor Gonchar, Anatoly 

7 Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, 

8 and the prosecution of those individuals who are in 

9 any way responsible for the disappearance of those 

10 opposition leaders and journalists; 

11 ‘‘(9) continue to work closely with the Euro12 pean Union and other countries and international 

13 organizations, to promote the conditions necessary 

14 for the integration of Belarus into the European 

15 family of democracies; and 

16 ‘‘(10) remain open to reevaluating United 

17 States policy toward Belarus as warranted by de18 monstrable progress made by the Government of 

19 Belarus consistent with the aims of this Act as stat20 ed in this section. ridi’’. 

21 SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL 

22 SOCIETY IN BELARUS. 

23 Section 4 of the Belarus Democracy Act of 2004 

24 (Public Law 109–480; 22 U.S.C. 5811 note) is amend25 ed— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘commu3 nity’’ and inserting ‘‘family’’; and 

4 (B) in paragraph (2), by striking ‘‘inter5 nationally accepted standards and under the su6 pervision of internationally recognized observ7 ers’’ and inserting ‘‘OSCE standards and mon8 itored by OSCE observers’’; 

9 (2) in subsection (b), by striking ‘‘primarily for 

10 indigenous’’ and inserting ‘‘for independent, indige11 nous’’; 

12 (3) in subsection (c)— 

13 (A) by amending paragraph (1) to read as 

14 follows: 

15 ‘‘(1) facilitating the development of inde16 pendent, indigenous print, radio, television, and 

17 Internet broadcasting, whether working within 

18 Belarus or from locations outside the country;’’; and 

19 (B) by redesignating paragraphs (3) 

20 through (8) as paragraphs (2) through (7), re21 spectively; and 

22 (4) in subsection (d)(1), by striking ‘‘such sums 

23 as may be necessary for each of the fiscal years 

24 2007 and 2008’’ and inserting ‘‘an amount not to 


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1 exceed the amount appropriated for fiscal year 2008 

2 for each of fiscal years 2012 through 2014’’. 

3 SEC. 4. RADIO AND TELEVISION BROADCASTING TO 

4 BELARUS. 

5 Section 5 of the Belarus Democracy Act of 2004 

6 (Public Law 109–480; 22 U.S.C. 5811 note) is amended 

7 to read as follows: 

8 ‘‘SEC. 5. RADIO, TELEVISION, AND INTERNET BROAD9 CASTING TO BELARUS. 

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

11 continue to support radio, television, and Internet broad12 casting to the people of Belarus in languages spoken in 

13 Belarus, by Radio Free Europe/Radio Liberty, the Voice 

14 of America, European Radio for Belarus, and Belsat.’’. 

15 SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF 

16 BELARUS. 

17 Section 6 of the Belarus Democracy Act of 2004 

18 (Public Law 109–480; 22 U.S.C. 5811 note) is amend19 ed— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1), by inserting ‘‘or ex22 pression, including those individuals jailed 

23 based on political beliefs or expression in con24 nection with repression that attended the presiVerDate Mar 15 2010 02:04 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H515.IH H515

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1 dential election of December 19, 2010’’ before 

2 the period at the end; 

3 (B) in paragraph (2), by inserting ‘‘, in4 cluding politically motivated legal charges made 

5 in connection with repression that attended the 

6 presidential election of December 19, 2010’’ be7 fore the period at the end; 

8 (C) in paragraph (5), by inserting ‘‘and 

9 violations of human rights, including violations 

10 of human rights committed in connection with 

11 the presidential election of December 19, 2010’’ 

12 before the period at the end; and 

13 (D) in paragraph (7), by striking ‘‘inter14 nationally recognized observers’’ and inserting 

15 ‘‘OSCE observers’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (2)— 

18 (i) by striking ‘‘subparagraph (A)’’ 

19 and inserting ‘‘paragraph (1)’’; and 

20 (ii) by striking ‘‘or’’ at the end; 

21 (B) in paragraph (3), by striking the pe22 riod at the end and inserting a semicolon; and 

23 (C) by adding at the end the following new 

24 paragraphs: 


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

2 or law enforcement services of Belarus and has par3 ticipated in the violent crackdown on opposition 

4 leaders, journalists, and peaceful protestors that oc5 curred in connection with the presidential election of 

6 December 19, 2010; or 

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

8 or law enforcement services of Belarus and has par9 ticipated in the persecution or harassment of reli10 gious groups, human rights defenders, democratic 

11 opposition groups, or independent media or journal12 ists.’’; 

13 (3) in subsection (e), by striking ‘‘of each inter14 national financial institution to which’’ and inserting 

15 ‘‘at each international financial institution of 

16 which’’; and 

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

18 defined in section 40102 of title 49, United States 

19 Code)’’. 

20 SEC. 6. REPORT. 

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

22 (Public Law 109–480; 22 U.S.C. 5811 note) is amend23 ed— 

24 (1) in the matter preceding paragraph (1)— 


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1 (A) by striking ‘‘this Act’’ and inserting 

2 ‘‘the Belarus Democracy Reauthorization Act of 

3 2011’’; and 

4 (B) by inserting ‘‘and the Commission on 

5 Security and Cooperation in Europe’’ after ‘‘ap6 propriate congressional committees’’; 

7 (2) in paragraph (1), by striking ‘‘sale or deliv8 ery of weapons or weapons-related technologies’’ and 

9 inserting ‘‘sale or delivery or provision of weapons or 

10 weapons-related technologies or weapons-related 

11 training’’; 

12 (3) in paragraph (2), by striking ‘‘involved in 

13 the sale’’ and inserting ‘‘or weapons-related training 

14 involved in the sale or delivery or provision’’; 

15 (4) in paragraph (3), by inserting ‘‘or weapons16 related training described in paragraph (1)’’ before 

17 the period at the end; and 

18 (5) by adding at the end the following new 

19 paragraph: 

20 ‘‘(5) The cooperation of the Government of 

21 Belarus with any foreign government or organization 

22 for purposes related to the censorship or surveillance 

23 of the Internet, or the purchase or receipt by the 

24 Government of Belarus of any technology or training 

25 from any foreign government or organization for 


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1 purposes related to the censorship or surveillance of 

2 the Internet.’’. 

3 SEC. 7. DEFINITIONS. 

4 Section 9 of the Belarus Democracy Act of 2004 

5 (Public Law 109–480; 22 U.S.C. 5811 note) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘Committee 

8 on International Relations’’ and inserting ‘‘Com9 mittee on Foreign Affairs’’; and 

10 (2) in paragraph (3)— 

11 (A) in subparagraph (B)(i), by striking 

12 ‘‘and prosecutors’’ and inserting ‘‘, prosecutors, 

13 and heads of professional associations and edu14 cational institutions’’; and 

15 (B) in subparagraph (C), by striking 

16 ‘‘Lukashenka regime’’ and inserting ‘‘Govern17 ment of Belarus’’. 

Æ 


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