I
107TH CONGRESS
2D SESSION
H. R. 5056
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the Com-
mittees on the Judiciary, Financial Services, and Ways and Means, 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 com-
mittee concerned
A BILL
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 sov-
ereignty and independence.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Belarus Democracy
Act of 2002’’.
SEC. 2. FINDINGS.
Congress finds that—
(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 Organi-
zation 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 com-
munity of democracies;
(3) the last parliamentary election in Belarus
deemed to be free and fair by the international com-
munity was conducted in 1995 from which emerged
the 13th Supreme Soviet whose democratically and
constitutionally derived authorities and powers have
been usurped by the authoritarian regime of Alek-
sandr Lukashenka;
(4) in November 1996, Belarusian President
Aleksandr Lukashenka orchestrated an illegal and
unconstitutional referendum that enabled him to im-
pose a new constitution, abolish the duly-elected par-
liament, the 13th Supreme Soviet, install a largely
powerless National Assembly, and extend his term of
office to 2001;
(5) in May 1999, Belarusian democratic forces
challenged Lukashenka’s unconstitutional extension
of his presidential term by staging alternative presi-
dential elections which were met with repression;
(6) Belarusian democratic forces have organized
peaceful demonstrations against the Lukashenka re-
gime in cities and towns throughout Belarus which
led to beatings, mass arrests, and extended incarcer-
ations;
(7) Victor Gonchar, Anatoly Krasovsky, and
Yuri Zakharenka, who have been leaders and sup-
porters of the democratic forces, and Dmitry
Zavadsky, a journalist known for his critical report-
ing, have disappeared and are presumed dead;
(8) former Belarus government officials have
come forward with credible allegations and evidence
that top officials of the Lukashenka regime were in-
volved in the disappearances;
(9) the Lukashenka regime in Belarus system-
atically harasses and represses the independent
media and actively suppresses freedom of speech and
expression;
(10) the Lukashenka regime harasses the
autocephalic Belarusian Orthodox Church, the
Roman Catholic Church, evangelical Protestant
churches, and other minority religious groups;
(11) the United States, the European Union,
the North Atlantic Treaty Organization (NATO)
Parliamentary Assembly, and the OSCE Parliamen-
tary Assembly do not recognize the National Assem-
bly;
(12) the parliamentary elections of October 15,
2000, conducted in the absence of a democratic elec-
tion law, were illegitimate, unconstitutional, plagued
by violent human rights abuses committed by the
Lukashenka regime, and determined to be non-
democratic by the OSCE; and
(14) the presidential election of September 9,
2001, was determined by the OSCE and other ob-
servers to be fundamentally unfair and failed to
meet the OSCE commitments for democratic elec-
tions formulated in the 1990 Copenhagen Document
and featured significant and abusive misconduct by
the Lukashenka regime, including—
(A) the harassment, arrest, and imprison-
ment of opposition members;
(B) the denial of equal and fair access by
opposition candidates to the state-controlled
media;
(C) the seizure of equipment and property
of independent nongovernmental organizations
and press organizations and the harassment of
their staff and management;
(D) voting and vote counting procedures
that were not transparent; and
(E) a campaign of intimidation directed
against opposition activists, domestic election
observation organizations, opposition and inde-
pendent media, and a libelous media campaign
against international observers.
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 pur-
poses:
(1) To assist the people of the Republic of
Belarus in regaining their freedom and to enable
them to join the international community of democ-
racies.
(2) To encourage free and fair presidential,
parliamentary, and local elections in Belarus, con-
ducted in a manner consistent with internationally
accepted standards and under the supervision of
internationally recognized observers.
(3) To assist in restoring and strengthening in-
stitutions of democratic government 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 pro-
motion 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 organi-
zations promoting democracy and supporting human
rights both in Belarus and abroad;
(5) the development of independent media
working within Belarus and from locations outside
of Belarus and supported by nonstate-controlled
printing facilities;
(6) international exchanges and advanced pro-
fessional training programs for leaders and members
of the democratic 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 is authorized to be
appropriated to the President to carry out this sec-
tion $40,000,000 for fiscal years 2003 and 2004.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to the authorization of appropria-
tions 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 addi-
tion to such sums as are otherwise authorized to be appro-
priated, there is authorized to be appropriated $5,000,000
for each fiscal year for Voice of America and RFE/RL,
Incorporated for radio broadcasting to the people of
Belarus in languages spoken in Belarus.
(c) REPORTING ON RADIO BROADCASTING TO AND
IN BELARUS.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall sub-
mit to the appropriate congressional committees a report
on how funds appropriated and allocated pursuant to the
authorizations of appropriations under subsection (b) and
section 3(d) will be used to provide AM and FM broad-
casting that covers the territory of Belarus and delivers
independent and uncensored programming.
SEC. 
5. 
SANCTIONS 
AGAINST 
THE 
GOVERNMENT 
OF
BELARUS.
(a) APPLICATION OF SANCTIONS.—The sanctions de-
scribed in subsections (c) through (f) shall apply with re-
spect to the Republic of Belarus until the President deter-
mines and certifies to the appropriate congressional com-
mittees that the Government of Belarus has made signifi-
cant progress in meeting the conditions described in sub-
section (b).
(b) CONDITIONS.—The conditions referred to in sub-
section (a) are the following:
(1) The release of individuals in Belarus who
have been jailed based on political beliefs.
(2) The withdrawal of politically motivated legal
charges against all opposition figures in Belarus.
(3) A full accounting of the disappearances of
opposition leaders and journalists in Belarus, includ-
ing Victor Gonchar, Anatoly Krasovsky, Yuri
Zakharenka, and Dmitry Zavadsky, and the prosecu-
tion of those individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment
and repression against the independent media, non-
governmental organizations, and the political opposi-
tion in Belarus.
(5) The implementation of free and fair presi-
dential and parliamentary elections in Belarus con-
sistent with OSCE standards on democratic elections
and in cooperation with relevant OSCE institutions.
(c) DENIAL OF ENTRY INTO THE UNITED STATES
OF BELARUSIAN OFFICIALS.—It is the sense of Congress
that the President should use his authority under section
212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) to deny the entry into the United States of any
alien who—
(1) holds a position in the senior leadership of
the Government of Belarus; or
(2) is a spouse, minor child, or agent of a per-
son inadmissible under paragraph (1).
(d) PROHIBITION
ON
STRATEGIC
EXPORTS
TO
BELARUS.—
(1) PROHIBITION.—No computers, computer
software, goods or technology intended to manufac-
ture or service computers, or any other related goods
or technology may be exported to Belarus for use by
the Government of Belarus, or by its military, police,
prison system, or national security agencies. The
prohibition of the preceding sentence shall not apply
with respect to the export of goods or technology for
democracy-building or humanitarian purposes.
(2) RULE OF CONSTRUCTION.—Nothing in this
subsection shall prevent the issuance of licenses to
ensure the safety of civil aviation and safe operation
of United States-origin commercial passenger air-
craft and to ensure the safety of ocean-going mari-
time traffic in international waters.
(e) PROHIBITION ON LOANS AND INVESTMENT.—
(1) UNITED
STATES
GOVERNMENT
FINANC-
ING.—No loan, credit guarantee, insurance, financ-
ing, or other similar financial assistance may be ex-
tended by any agency of the United States Govern-
ment (including the Export-Import Bank and the
Overseas Private Investment Corporation) to the
Government 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 Agen-
cy may be available for activities of the Agency in
or for Belarus.
(f) DENIAL OF GENERALIZED SYSTEM OF PREF-
ERENCES (GSP).—
(1) FINDING AND DECLARATION OF POLICY.—
Congress—
(A) finds that the Government of Belarus
has failed to respect internationally recognized
worker rights; and
(B) approves the decision of the President
to deny duty-free tariff treatment under title V
of the Trade Act of 1974 to eligible articles of
the Republic of Belarus.
(2) DENIAL OF GSP BENEFITS.—The President
shall continue to deny duty-free treatment for eligi-
ble articles of Belarus in accordance with the provi-
sions of title V of the Trade Act of 1974 and this
section.
(g) MULTILATERAL FINANCIAL ASSISTANCE.—It is
the sense of Congress that, in addition to the application
of the sanctions described in subsections (c) through (f)
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 fi-
nancial 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 assist-
ance (including any technical assistance or grant) of any
kind to the Government of Belarus, except for loans and
assistance that serve humanitarian needs.
(h) WAIVER.—The President may waive the applica-
tion of any sanction described in this section with respect
to Belarus if the President determines and certifies to the
appropriate congressional committees that it is important
to the national interests of the United States to do so.
SEC. 6. MULTILATERAL COOPERATION
It is the sense of Congress that the President should
continue to seek to coordinate with other countries, par-
ticularly European countries, a comprehensive, multilat-
eral strategy to further the purposes of this Act, including,
as appropriate, encouraging other countries to take meas-
ures with respect to the Republic of Belarus that are simi-
lar to measures described in this Act.
SEC. 7. REPORT.
(a) REPORT.—Not later than 90 days after the date
of enactment of this Act, and every year thereafter, the
President shall transmit to the appropriate congressional
committees a report that describes, with respect to the
preceding 12-month period, the following:
(1)(A) The sale or delivery of weapons or weap-
ons-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.
(B) An identification of each country described
in subparagraph (A) and a detailed description of
the weapons or weapons-related technologies involved
in the sale.
(C) An identification of the goods, services,
credits, or other consideration received by Belarus in
exchange for the weapons or weapons-related tech-
nologies.
(2) The personal assets and wealth of Alek-
sandr Lukashenka and other senior leadership of the
Government of Belarus.
(b) FORM.—A report transmitted pursuant to sub-
section (a) shall be in unclassified form but may contain
a classified annex.
SEC. 8. DECLARATION OF POLICY.
Congress hereby—
(1) expresses its support to those in the Repub-
lic of Belarus seeking—
(A) to promote democracy and the rule of
law and to consolidate the independence and
sovereignty of Belarus; and
(B) to promote its integration into the Eu-
ropean community of democracies;
(2) expresses its grave concern about the dis-
appearances of Victor Gonchar, Anatoly Krasovsky,
Yuri Zakharenka, and Dmitry Zavadsky;
(3) calls upon the Lukashenka regime to cease
its persecution of political opponents and to release
those individuals who have been imprisoned for op-
posing his regime;
(4) calls upon the Lukashenka regime to end
the pattern of clear, gross, and uncorrected viola-
tions of relevant Organization for Security and Co-
operation in Europe (OSCE) human dimension com-
mitments and to respect the basic freedoms of
speech, expression, assembly, association, language,
culture, and religion or belief;
(5) calls upon the Government of the Russian
Federation to use its influence to encourage demo-
cratic development in Belarus so that Belarus can
become a democratic, prosperous, sovereign, and
independent state that is integrated into Europe;
(6) calls upon the Government of Belarus to re-
solve the continuing constitutional and political crisis
through free, fair, and transparent presidential and
parliamentary elections, including, as called for by
the OSCE, through respect for human rights, an
end to the current climate of fear, meaningful access
by the opposition to state media, modification of the
electoral code in keeping with OSCE commitments,
engagement in genuine talks with the opposition,
and modifications to allow for genuine authority for
the parliament; and
(7) commends the democratic opposition in
Belarus for their commitment to freedom, their
courage in the face of the repression of the
Lukashenka regime in Belarus, and the emergence
of a pluralist civil society in Belarus—the foundation
for the development of democratic political struc-
tures.
SEC. 9. DEFINITIONS.
In this Act:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) OSCE.—The term ‘‘OSCE’’ means the Or-
ganization 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, Chair-
men of State Committees, and members of the
Presidential Administration of Belarus;
(B) any official of the Government of
Belarus who is personally and substantially in-
volved 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 contradic-
tion of internationally recognized human rights
standards.
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