Belarus Democracy Reauthorization Act of 2006
PL 109-480 (H.R.5948), enacted 01/12/2007

120 STAT. 3666
PUBLIC LAW 109–480—JAN. 12, 2007
Public Law 109–480
109th Congress
An Act
To reauthorize the Belarus Democracy Act of 2004.
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 Reauthoriza-
tion Act of 2006’’.
SEC. 2. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (22 U.S.C.
5811 note) is amended to read as follows:
‘‘SEC. 2. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) The Government of the Republic of Belarus has
engaged in a pattern of clear and uncorrected violations of
human rights and fundamental freedoms.
‘‘(2) The Government of Belarus has engaged in a pattern
of clear and uncorrected violations of basic principles of demo-
cratic governance, including through a series of fundamentally
flawed presidential and parliamentary elections undermining
the legitimacy of executive and legislative authority in that
country.
‘‘(3) The most recent presidential elections in Belarus held
on March 19, 2006, failed to meet the commitments of the
Organization for Security and Cooperation in Europe (OSCE)
for democratic elections and the arbitrary use of state power
and widespread detentions show a disregard for the basic rights
of freedom of assembly, association, and expression, and raise
doubts regarding the willingness of authorities in Belarus to
tolerate political competition.
‘‘(4) The regime of Aleksandr Lukashenka has maintained
power in Belarus by orchestrating an illegal and unconstitu-
tional referendum that enabled him to impose a new constitu-
tion, abolish the duly-elected parliament, the 13th Supreme
Soviet, install a largely powerless National Assembly, extend
his term of office, and remove applicable term limits.
‘‘(5) The Government of Belarus has failed to make a cred-
ible effort to solve the cases of disappeared opposition figures
Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky in
1999 and journalist Dmitry Zavadsky in 2000, even though
credible allegations and evidence exist linking top officials of
the Lukashenka regime with these disappearances.
22 USC 5801
note.
Belarus
Democracy
Reauthorization
Act of 2006.
Jan. 12, 2007
[H.R. 5948]
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120 STAT. 3667
PUBLIC LAW 109–480—JAN. 12, 2007
‘‘(6) Political opposition figures Aleksandr Kozulin, Tsimafei
Dranchuk, Mikalay Astreyka, Artur Finkevich, Mikalay
Razumau, 
Katsyaryna 
Sadouskaya, 
Zmitser 
Dashkevich,
Mikhail Marynich, Mikalay Statkevych, Pavel Sevyarinets,
Andrei Klimau, Valery Levaneusky, and Siarhei Skrebets have
been imprisoned or served ‘corrective labor’ sentences because
of their political activity.
‘‘(7) Hundreds of pro-democratic political activists have
been subjected to frequent harassment and jailings, especially
during, and in the aftermath of the fatally flawed March 19,
2006, presidential elections in Belarus.
‘‘(8) The Government of Belarus has attempted to maintain
a monopoly over the country’s information space, targeting
independent media for systematic reprisals and elimination,
while suppressing the right to freedom of speech and expression
of those dissenting from the regime.
‘‘(9) The Belarusian authorities have perpetuated a climate
of fear in Belarus by mounting a systematic crackdown on
civil society through the harassment, repression, and closure
of nongovernmental organizations and independent trade
unions.
‘‘(10) The Lukashenka regime has increasingly subjected
leaders and members of minority and unregistered religious
communities to harassment, including the imposition of heavy
fines, denying permission to meet for religious services, prosecu-
tions, and jail terms for activities in the practice of their faith.
‘‘(11) The Belarusian authorities have further attempted
to silence dissent through retribution against human rights
and pro-democracy activists through threats, firings, expulsions,
beatings and other forms of intimidation.’’.
SEC. 3. STATEMENT OF POLICY.
The Belarus Democracy Act of 2004 (22 U.S.C. 5811 note)
is amended—
(1) by striking section 8;
(2) by redesignating sections 3 through 7 as sections 4
through 8, respectively; and
(3) by inserting after section 2 the following new section:
‘‘SEC. 3. STATEMENT OF POLICY.
‘‘It is the policy of the United States—
‘‘(1) to call upon the immediate release without pre-
conditions of all political prisoners in Belarus;
‘‘(2) to support the aspirations of the people of the Republic
of Belarus for democracy, human rights, and the rule of law;
‘‘(3) to support the aspirations of the people of the Republic
of Belarus to preserve the independence and sovereignty of
their country;
‘‘(4) to seek and support the growth of democratic move-
ments and institutions in Belarus, with the ultimate goal of
ending tyranny in that country;
‘‘(5) to refuse to accept the results of the fatally flawed
March 19, 2006, presidential elections held in Belarus and
support the call for new presidential elections;
‘‘(6) to refuse to recognize any possible referendum, or
the results of any referendum, that would affect the sovereignty
of Belarus; and
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120 STAT. 3668
PUBLIC LAW 109–480—JAN. 12, 2007
‘‘(7) to work closely with other countries and international
organizations, including the European Union, to promote the
conditions necessary for the integration of Belarus into the
European community of democracies.’’.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY
IN BELARUS.
(a) PURPOSES
OF ASSISTANCE.—Section 4(a) of the Belarus
Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated)
is amended—
(1) in paragraph (1), by striking ‘‘regaining their freedom
and to enable them’’ and inserting ‘‘their pursuit of freedom,
democracy, and human rights and in their aspiration’’;
(2) in paragraph (2)—
(A) by striking ‘‘free and fair’’ and inserting ‘‘free, fair,
and transparent’’; and
(B) by adding at the end before the period the following:
‘‘and independent domestic observers’’; and
(3) in paragraph (3), by striking ‘‘restoring and strength-
ening institutions of democratic governance’’ and inserting ‘‘the
development of a democratic political culture and civil society’’.
(b) ACTIVITIES SUPPORTED.—Section 4(c) of the Belarus Democ-
racy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is
amended—
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by striking paragraphs (1) through (5) and inserting
the following new paragraphs:
‘‘(1) expanding independent radio and television broad-
casting to and within Belarus;
‘‘(2) facilitating the development of independent broadcast,
print, and Internet media working within Belarus and from
locations outside the country and supported by nonstate-con-
trolled printing facilities;
‘‘(3) aiding the development of civil society through assist-
ance to nongovernmental organizations promoting democracy
and supporting human rights, including youth groups, entre-
preneurs, and independent trade unions;
‘‘(4) supporting the work of human rights defenders;
‘‘(5) enhancing the development of democratic political par-
ties;
‘‘(6) assisting the promotion of free, fair, and transparent
electoral processes;’’; and
(3) in paragraph (7) (as redesignated), by inserting
‘‘enhancing’’ before ‘‘international exchanges’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) AMENDMENT.—Section 4(d)(1) of the Belarus Democracy
Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended
by striking ‘‘2005 and 2006’’ and inserting ‘‘2007 and 2008’’.
(2) RULE
OF
CONSTRUCTION.—The amendment made by
paragraph (1) shall not be construed to affect the availability
of funds appropriated pursuant to the authorization of appro-
priations under section 4(d) of the Belarus Democracy Act of
2004 (as redesignated) before the date of the enactment of
this Act.
22 USC 5811
note.
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120 STAT. 3669
PUBLIC LAW 109–480—JAN. 12, 2007
SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS.
(a) PURPOSE.—Section 5(a) of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking
‘‘radio broadcasting’’ and inserting ‘‘radio and television broad-
casting’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 5(b) of the
Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesig-
nated) is amended by striking ‘‘radio broadcasting’’ and inserting
‘‘radio and television broadcasting’’.
(c) CONFORMING AMENDMENT.—Section 5 of the Belarus Democ-
racy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended
in the heading by striking ‘‘RADIO BROADCASTING’’ and inserting
‘‘RADIO AND TELEVISION BROADCASTING’’.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (22 U.S.C.
5811 note) (as redesignated) is amended to read as follows:
‘‘SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
‘‘(a) APPLICATION OF SANCTIONS.—The sanctions described in
subsections (c) through (f) should apply with respect to the Republic
of Belarus until the President determines and certifies to the appro-
priate 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 activists 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 in any way
responsible for their disappearances.
‘‘(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions, non-
governmental organizations, youth groups, religious organiza-
tions (including their leadership and members), and the political
opposition in Belarus.
‘‘(5) The prosecution of senior leadership of the Government
of Belarus responsible for the administration of fraudulent elec-
tions.
‘‘(6) A full accounting of the embezzlement of state assets
by senior leadership of the Government of Belarus, their family
members, and other associates.
‘‘(7) The holding of free, fair and transparent presidential
and parliamentary elections in Belarus consistent with OSCE
standards and under the supervision of internationally recog-
nized observers and independent domestic observers.
‘‘(c) DENIAL OF ENTRY INTO THE UNITED STATES OF SENIOR
LEADERSHIP OF THE GOVERNMENT OF BELARUS.—Notwithstanding
any other provision of law, the President may exercise the authority
under section 212(f) of the Immigration and Nationality Act (8
Victor Gonchar.
Anatoly
Krasovsky.
Yuri
Zakharenka.
Dmitry
Zavadsky.
President.
Certification.
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120 STAT. 3670
PUBLIC LAW 109–480—JAN. 12, 2007
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 Govern-
ment of Belarus;
‘‘(2) is an immediate family member of a person inadmis-
sible under subparagraph (A); or
‘‘(3) through his or her business dealings with senior leader-
ship of the Government of Belarus derives significant financial
benefit from policies or actions, including electoral fraud,
human rights abuses, or corruption, that undermine or injure
democratic institutions or impede the transition to democracy
in Belarus.
‘‘(d) PROHIBITION ON LOANS AND INVESTMENT.—
‘‘(1) UNITED
STATES
GOVERNMENT
FINANCING.—It is the
sense of Congress that no loan, credit guarantee, insurance,
financing, or other similar financial assistance should be
extended by any agency of the Government of the United States
(including the Export-Import Bank of the United States and
the Overseas Private Investment Corporation) to the Govern-
ment of Belarus, except with respect to the provision of humani-
tarian goods and agricultural or medical products.
‘‘(2) TRADE AND DEVELOPMENT AGENCY.—It is the sense
of Congress that no funds available to the Trade and Develop-
ment Agency should be available for activities of the Agency
in or for Belarus.
‘‘(e) MULTILATERAL FINANCIAL ASSISTANCE.—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 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.
‘‘(f) BLOCKING OF ASSETS AND OTHER PROHIBITED ACTIVITIES.—
‘‘(1) BLOCKING
OF
ASSETS.—It is the sense of Congress
that the President should block all property and interests in
property, including all commercial, industrial, or public utility
undertakings or entities, that, on or after the date of the
enactment of the Belarus Democracy Reauthorization Act of
2006—
‘‘(A) are owned, in whole or in part, by the Government
of Belarus, or by any member or family member closely
linked to any member of the senior leadership of the
Government of Belarus, or any person who through his
or her business dealings with senior leadership of the
Government of Belarus derives significant financial benefit
from policies or actions, including electoral fraud, human
rights abuses, or corruption, that undermine or injure
democratic institutions or impede the transition to democ-
racy in Belarus; and
‘‘(B) are in the United States, or in the possession
or control of the Government of the United States or of
any United States financial institution, including any
branch or office of such financial institution that is located
outside the United States.
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120 STAT. 3671
PUBLIC LAW 109–480—JAN. 12, 2007
‘‘(2) PROHIBITED ACTIVITIES.—Activities prohibited by rea-
son of the blocking of property and interests in property under
paragraph (1) should include—
‘‘(A) payments or transfers of any property, or any
transactions involving the transfer of anything of economic
value by any United States person, to the Government
of Belarus, to any person or entity acting for or on behalf
of, or owned or controlled, directly or indirectly, by that
government, or to any member of the senior leadership
of the Government of Belarus;
‘‘(B) the export or reexport to any entity owned, con-
trolled, or operated by the Government of Belarus, directly
or indirectly, of any goods, technology, or services, either—
‘‘(i) by a United States person; or
‘‘(ii) involving the use of any air carrier (as defined
in section 40102 of title 49, United States Code) or
a vessel documented under the laws of the United
States; and
‘‘(C) the performance by any United States person of
any contract, including a contract providing a loan or other
financing, in support of an industrial, commercial, or public
utility operated, controlled, or owned by the Government
of Belarus.
‘‘(3) PAYMENT OF EXPENSES.—All expenses incident to the
blocking and maintenance of property blocked under paragraph
(1) should be charged to the owners or operators of such prop-
erty. Such expenses may not be paid from blocked funds.
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to prohibit any contract or other financial
transaction with any private or nongovernmental organization
or business in Belarus.
‘‘(5) EXCEPTIONS.—Paragraphs (1) and (2) do not apply
to—
‘‘(A) assistance authorized under section 4 or 5 of this
Act; or
‘‘(B) medicine, medical equipment or supplies, food,
as well as any other form of humanitarian assistance pro-
vided to Belarus as relief in response to a humanitarian
crisis.
‘‘(6) PENALTIES.—Any person who violates any prohibition
or restriction imposed under this subsection should be subject
to the penalties under section 6 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent
as for a violation under that Act.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) AIR
CARRIER.—The term ‘air carrier’ has the
meaning given that term in section 40102 of title 49, United
States Code.
‘‘(B) UNITED STATES PERSON.—The term ‘United States
person’ means—
‘‘(i) any United States citizen or alien admitted
for permanent residence to the United States;
‘‘(ii) any entity organized under the laws of the
United States; and
‘‘(iii) any person in the United States.’’.
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120 STAT. 3672
PUBLIC LAW 109–480—JAN. 12, 2007
LEGISLATIVE HISTORY—H.R. 5948:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 7, considered in House.
Dec. 8, considered and passed House and Senate.
SEC. 7. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy Act of 2004 (22 U.S.C.
5811 note) (as redesignated) is amended—
(1) by striking ‘‘to coordinate with’’ and inserting ‘‘the sup-
port of’’; and
(2) by striking ‘‘a comprehensive’’ and inserting ‘‘for a com-
prehensive’’.
SEC. 8. DEFINITIONS.
Section 9(3) of the Belarus Democracy Act of 2004 (22 U.S.C.
5811 note) is amended—
(1) in subparagraph (A), by inserting ‘‘governors, heads
of state enterprises,’’ after ‘‘Chairmen of State Committees,’’;
and
(2) in subparagraph (B)—
(A) by striking ‘‘who is’’ and inserting the following:
‘‘who—
‘‘(i) is’’;
(B) by striking ‘‘and’’ at the end and inserting ‘‘or’’;
and
(C) by adding at the end the following new clause:
‘‘(ii) is otherwise engaged in public corruption in
Belarus; and’’.
Approved January 12, 2007.
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