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(A) shall, through the Secretary of the Treasury, instruct the United States executive directors to each international financial institution to continue to vote against and actively oppose any extension by the respective institution of any loan, credit, or guarantee to the Government of Sudan;
(B) should consider downgrading or suspending diplomatic relations between the United States and the Government of Sudan;
(C) shall take all necessary and appropriate steps, including through multilateral efforts, to deny the Government of Sudan access to oil revenues to ensure that the Government of Sudan neither directly nor indirectly utilizes any oil revenues to purchase or acquire military equipment or to finance any military activities, and
(D) shall seek a United Nations Security Council Resolution to impose an arms embargo on the Government
of Sudan. (c) REPORT ON THE STATUS OF NEGOTIATIONS.—If, at any time after the President has made a certification under subsection (b)(1)(A), the Government of Sudan discontinues negotiations with the Sudan People's Liberation Movement for a 14-day period, then the President shall submit a quarterly report to the appropriate congressional committees on the status of the peace process until negotiations resume.
(d) REPORT ON UNITED STATES OPPOSITION TO FINANCING BY INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall submit a semiannual report to the appropriate congressional committees describing the steps taken by the United States to oppose the extension of a loan, credit, or guarantee if, after the Secretary of the Treasury gives the instructions described in subsection (b)(2)(A), such financing is extended.
(e) REPORT ON EFFORTS TO DENY OIL REVENUES.-Not later than 45 days after the President takes an action under subsection (b)(2)(C), the President shall submit to the appropriate congressional committees a comprehensive plan for implementing the actions described in such subsection.
(f) DEFINITION.—In this section, the term “international financial institution” means the International Bank for Reconstruction and Development, the International Development Association, the International Monetary Fund, the African Development Bank, and the African Development Fund. SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS. It is the sense of Congress that
(1) the United Nations should help facilitate peace and recovery in Sudan;
(2) the President, acting through the United States Permanent Representative to the United Nations, should seek to end the veto power of the Government of Sudan over the plans by OLS for air transport relief flights and, by doing so, to end the manipulation of the delivery of relief supplies to the advantage of the Government of Sudan on the battlefield; and
(3) the President should take appropriate measures, including the implementation of recommendations of the International Eminent Persons Commission contained in the report
50 USC 1701 note.
issued on May 22, 2002, to end slavery and aerial bombardment
of civilians by the Government of Sudan. SEC. 8. REPORTING REQUIREMENT.
50 USC 1701 Not later than 6 months after the date of the enactment of
note. this Act, and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a report regarding the conflict in Sudan. Such report shall include
(1) a description of the sources and current status of Sudan's financing and construction of infrastructure and pipelines for oil exploitation, the effects of such financing and construction on the inhabitants of the regions in which the oil fields are located, and the ability of the Government of Sudan to finance the war in Sudan with the proceeds of the oil exploitation;
(2) a description of the extent to which that financing was secured in the United States or with involvement of United States citizens;
(3) the best estimates of the extent of aerial bombardment by the Government of Sudan, including targets, frequency, and best estimates of damage; and
(4) a description of the extent to which humanitarian relief has been obstructed or manipulated by the Government of
Sudan or other forces. SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF 50 USC 1701
EFFORTS. (a) SENSE OF CONGRESS.—It is the sense of the Congress that the President should continue to increase the use of non-OLS agencies in the distribution of relief supplies in southern Sudan.
(b) REPORT.—Not later than 90 days after the date of enactment Deadline. of this Act, the President shall submit to the appropriate congres- President. sional committees a detailed report describing the progress made toward carrying out subsection (a). SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT President. RELIEF FLIGHTS.
50 USC 1701 (a) PLAN.—The President shall develop a contingency plan to provide, outside the auspices of the United Nations if necessary, the greatest possible amount of United States Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains and the Upper Nile and the Blue Nile regions, in the event that the Government of Sudan imposes a total, partial, or incremental ban on OLS air transport relief flights.
(b) REPROGRAMMING AUTHORITY.—Notwithstanding any other provision of law, in carrying out the plan developed under subsection (a), the President may reprogram up to 100 percent of the funds available for support of OLS operations for the purposes of the plan. SEC. 11. INVESTIGATION OF WAR CRIMES.
50 USC 1701
note. (a) IN GENERAL.- The Secretary of State shall collect information about incidents which may constitute crimes against humanity, genocide, war crimes, and other violations of international humanitarian law by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets.
(b) REPORT.—Not later than 6 months after the date of the Deadline. enactment of this Act and annually thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional committees a detailed report on the information that the Secretary of State has collected under subsection (a) and any findings or determinations made by the Secretary on the basis of that information. The report under this subsection may be submitted as part of the report required under section 8.
(c) CONSULTATIONS WITH OTHER DEPARTMENTS.-In preparing the report required by this section, the Secretary of State shall consult and coordinate with all other Government officials who have information necessary to complete the report. Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources and methods or other vital national security interests.
Approved October 21, 2002.
LEGISLATIVE HISTORY-H.R. 5531:
Oct. 7, considered and passed House.
Oct. 9, considered and passed Senate.
Oct. 21, Presidential statement.
Public Law 107-246
democracy, good governance, and anti-corruption programs in the Russian Federa- Oct. 23, 2002 tion in order to promote and strengthen democratic government and civil society
(H.R. 2121] and independent media in that country.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Democracy Act of SECTION 1. SHORT TITLE.
22 USC 2151 This Act may be cited as the “Russian Democracy Act of 2002”. note. SEC. 2. FINDINGS AND PURPOSES.
22 USC 2295
note. (a) FINDINGS.—Congress makes the following findings:
(1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building
(A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and
(B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law.
(2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law.
(3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties.
(B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999.
(4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated
by the private sector, and the United States recognized Russia as a market economy on June 7, 2002.
(5(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs.
(B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation.
(C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to
(i) establish a commercial legal infrastructure;
(iii) support the drafting of a new criminal code, civil code, and bankruptcy law;
(iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission;
(v) support Russian law schools;
(vii) bolster law-related activities of nongovernmental organizations.
(6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media.
(7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means.
(8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a “Foundation for Cooperation”. (b) PURPOSES.—The purposes of this Act are —
(1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and
(2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater