Belarus Democracy Act of 2004
PL 108-347 (H.R.854), enacted 10/20/2004

118 STAT. 1383
PUBLIC LAW 108–347—OCT. 20, 2004
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 independ-
ence and sovereignty of the Republic of Belarus and its integra-
tion 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]
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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 Pente-
costal 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 par-
liament.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY
IN BELARUS.
(a) PURPOSES OF ASSISTANCE.—The assistance under this sec-
tion 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 Euro-
pean 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 super-
vision 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 pro-
moting 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.
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118 STAT. 1385
PUBLIC LAW 108–347—OCT. 20, 2004
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 pursu-
ant 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 broad-
casting 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, non-
governmental 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.
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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 sanc-
tions described in subsection (c) to the Republic of Belarus (until
the President determines and certifies to the appropriate congres-
sional committees that the Government of Belarus has made signifi-
cant 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 commit-
tees 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 weapons-
related 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 persecu-
tion 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.
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118 STAT. 1387
PUBLIC LAW 108–347—OCT. 20, 2004
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.
(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 Min-
isters, government ministers, Chairmen of State Commit-
tees, 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 contradic-
tion of internationally recognized human rights standards.
Approved October 20, 2004.
22 USC 5811
note.
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