Belarus Democracy Act of 2003 - Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society.
Authorizes appropriations for each fiscal year for Voice of America and RFE/RL, Incorporated (Radio Free Europe/Radio Liberty) for radio broadcasting to the people of Belarus in languages spoken in that country.
Places economic sanctions on Belarus and bars senior Belarusian leaders and their immediate relations from entering the United States. Allows sanctions to be lifted only if the Belarusian Government meets specific democratic conditions. Affirms solidarity with the democratic forces in Belarus and calls upon the Government of Belarus to permit basic freedoms and allow free, fair and transparent presidential and parliamentary elections. Calls upon the Russian Government to use its influence to encourage democratic development in Belarus so that it can become an independent state that is integrated into Europe.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 700 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 700
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, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2003
Mr. Campbell (for himself and Mr. Biden) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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 sovereignty and independence, and for other
purposes.
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 2003''.
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
independence and sovereignty of the Republic of Belarus and its
integration into the European community of democracies.
(3) The last parliamentary election in Belarus deemed to be
free and fair by the international community 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 Belarus
President Aleksandr Lukashenka.
(4) 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.
(5) In May 1999, democratic forces in Belarus challenged
Lukashenka's unconstitutional extension of his presidential
term by staging alternative presidential elections which were
met with repression.
(6) 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.
(7) 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.
(8) Former Belarus Government officials have come forward
with credible allegations and evidence that top officials of
the Lukashenka regime were involved in the disappearances.
(9) The Lukashenka regime systematically harasses and
represses the independent media and independent trade unions,
imprisons independent journalists, and actively suppresses
freedom of speech and expression.
(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
Pentecostal 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 United States, the European Union, the North
Atlantic Treaty Organization (NATO) Parliamentary Assembly, and
the OSCE Parliamentary Assembly have not recognized the
National Assembly.
(13) The parliamentary elections of October 15, 2000,
conducted in the absence of a democratic election law, were
illegitimate, unconstitutional, and plagued by violent human
rights abuses committed by the Lukashenka regime, and have been
determined by the OSCE to be nondemocratic.
(14) The presidential election of September 9, 2001, was
determined by the OSCE and other observers to be fundamentally
unfair, to have failed to meet OSCE commitments for democratic
elections formulated in the 1990 Copenhagen Document, and to
have featured significant and abusive misconduct by the
Lukashenka regime, including--
(A) the harassment, arrest, and imprisonment of
opposition members;
(B) the denial of equal and fair access by
opposition candidates to 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, and opposition and independent media,
and a libelous media campaign against international
observers.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.
(a) Purposes of Assistance.--Assistance under this section 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 European
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 supervision 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 set
forth in 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 groups in Belarus that are
committed to the support of democratic processes in Belarus.
(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) the development of democratic political parties;
(3) radio and television broadcasting to and within
Belarus;
(4) the development of nongovernmental organizations
promoting democracy and supporting human rights;
(5) the development of independent media working within
Belarus and from locations outside Belarus, and supported by
nonstate-controlled printing facilities;
(6) international exchanges and advanced professional
training programs for leaders and members of the democratic
forces in matters 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 section $40,000,000 for fiscal
years 2004 and 2005.
(2) Availability of funds.--Amounts appropriated pursuant
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 in Belarus.
(b) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated, 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) Report 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 submit 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 broadcasting 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 described in
subsections (c) and (d), and any sanction imposed under subsection (e)
or (f), shall 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 the individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental 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 Organization
for Security and Cooperation in Europe (OSCE) standards on
democratic elections and in cooperation with relevant OSCE
institutions.
(c) Prohibition on Strategic Exports to Belarus.--
(1) Prohibition.--No computers, computer software, goods,
or technology intended to manufacture 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 in 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 commercial passenger aircraft of
United States origin or to ensure the safety of ocean-going
maritime traffic in international waters.
(d) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance may be extended by any agency of the United States
Government (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 Agency may be available for
activities of the Agency in or for Belarus.
(e) Denial of Entry Into United States of Certain Belarus
Officials.--
(1) Denial of entry.--It is the sense of Congress that, in
addition to the sanctions provided for in subsections (c) and
(d), the President should use the 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--
(A) holds a position in the senior leadership of
the Government of Belarus; or
(B) is a spouse, minor child, or agent of a person
described in subparagraph (A).
(2) Senior leadership of the government of belarus
defined.--In this subsection, the term ``senior leadership of
the Government of Belarus'' includes--
(A) the President, Prime Minister, Deputy Prime
Ministers, government ministers, Chairmen of State
Committees, 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 in Belarus that are in contradiction
of internationally recognized human rights standards.
(f) Multilateral Financial Assistance.--It is the sense of Congress
that, in addition to the sanctions provided for in subsections (c) and
(d), 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.
(g) Waiver.--The President may waive the application 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, 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 provided for in this Act.
SEC. 7. ANNUAL REPORTS.
(a) Reports.--Not later than 90 days after the date of the
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) 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) expresses its support to those in the Republic of
Belarus seeking--
(A) to promote democracy, human rights, and the
rule of law and to consolidate the independence and
sovereignty of Belarus; and
(B) to promote the integration of Belarus into the
European community of democracies;
(2) expresses its grave concern about the disappearances of
Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry
Zavadsky;
(3) calls upon the Lukashenka regime in Belarus to cease
its persecution 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;
(4) calls upon the Lukashenka regime to end the pattern of
clear, gross, and uncorrected violations of relevant human
dimension commitments of the Organization for Security and
Cooperation in Europe (OSCE), 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 democratic 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 resolve the
continuing constitutional and political crisis in Belarus
through--
(A) free, fair, and transparent presidential and
parliamentary elections in Belarus, as called for by
the OSCE;
(B) respect for human rights in Belarus;
(C) an end to the current climate of fear in
Belarus;
(D) meaningful access by the opposition to state
media in Belarus;
(E) modification of the electoral code of Belarus
in keeping with OSCE commitments;
(F) engagement in genuine talks with the opposition
in Belarus; and
(G) modifications of the constitution of Belarus 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, and the emergence of a
pluralist civil society in Belarus--the foundation for the
development of democratic political structures.
SEC. 9. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on International Relations of the House
of Representatives; and
(2) the Committee on Foreign Relations of the Senate.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4378-4379)
Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S4379-4380)
Sponsor introductory remarks on measure. (CR S3173)
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