§ 2295a. Criteria for assistance to governments of the independent states
(a)
In general
In providing assistance under this part for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to—
(1)
make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections;
(2)
make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);
(3)
respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration;
(4)
respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully;
(6)
implement responsible security policies, including—
(B)
reducing military forces and expenditures to a level consistent with legitimate defense requirements;
(7)
take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources;
(9)
accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union;
(b)
Ineligibility for assistance
The President shall not provide assistance under this part—
(1)
for the government of any independent state that the President determines is engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law;
(2)
for the government of any independent state that the President determines has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union;
(3)
for the government of any independent state that the President determines has, on or after October 24, 1992, knowingly transferred to another country—
(A)
missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or
(B)
any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapon;
(4)
for the government of any independent state that is prohibited from receiving such assistance by section
2799aa or
2799aa–1 of this title or sections
5604
(a)(1) and
5605 of this title;
(5)
for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section
2295b
(k)(3) of this title) with, the Cuban Government; or
(6)
for the Government of Russia if it has failed to make significant progress on the removal of Russian or Commonwealth of Independent States troops from Estonia, Latvia, and Lithuania or if it has failed to undertake good faith efforts, such as negotiations, to end other military practices that violate the sovereignty of the Baltics [1] states.
(c)
Exceptions to ineligibility
Assistance prohibited by subsection (b) of this section or any similar provision of law, other than assistance prohibited by the provisions referred to in subsection (b)(4) of this section, may be furnished under any of the following circumstances:
(1)
The President determines that furnishing such assistance is important to the national interest of the United States.
(2)
The President determines that furnishing such assistance will foster respect for internationally recognized human rights and the rule of law or the development of institutions of democratic governance.
(3)
The assistance is furnished for the alleviation of suffering resulting from a natural or man-made disaster.
(4)
The assistance is provided under the secondary school exchange program administered by the United States Information Agency.
The President shall immediately report to the Congress any determination under paragraph (1) or (2) or any decision to provide assistance under paragraph (3).
(d)
Reduction in assistance for support of intelligence facilities in Cuba
(1)
Reduction in assistance
Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after March 12, 1996, for an independent state of the former Soviet Union under this chapter an amount equal to the sum of assistance and credits, if any, provided on or after March 12, 1996, by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.
(2)
Waiver
(A)
The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government.
(B)
At the time of a certification made with respect to Russia under subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility.
(3)
Exceptions to reductions in assistance
The requirement of paragraph (1) to withhold assistance shall not apply with respect to—
(D)
the creation of private sector or nongovernmental organizations that are independent of government control;
[1] So in original. Probably should be “Baltic”.