Sec. 9101. Prohibition on assistance to governments that engage in violations of human rights
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/bill/113/hr/1793/ih/section-9101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No foreign assistance may be provided, and no licenses may be issued under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) for the export of crime control and detection instruments and equipment, to a foreign government which the Secretary determines engages in a consistent pattern of gross violations of internationally recognized human rights, including— mass atrocities; torture or cruel, inhuman, or degrading treatment or punishment; prolonged detention without charges and trial; causing the disappearance of persons by the abduction and clandestine detention of those persons; or other flagrant denial of the right to life, liberty, and the security of person.
A determination of the Secretary under subsection
(a)shall remain in effect until rescinded. A determination of the Secretary under subsection
(a)with respect to a foreign government may not be rescinded unless the President submits to the appropriate congressional committees a report certifying that the government has substantially improved its human rights record and no longer engages in any of the actions described in subsection (a). A determination made under subsection
(a)or a report submitted under subsection
(c)shall be published in the Federal Register and made available on the Internet website of the Department of State. The Secretary shall include in the annual report required by section 8302 (relating to congressional budget justification) a list of foreign governments for which determinations under subsection
(a)are currently in effect and the date on which each such determination became effective. In determining whether or not a foreign government meets the criteria described in subsection (a), the Secretary shall consider— the extent of cooperation of the government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of such organizations; specific actions which have been taken by the President or Congress because of the human rights practices or policies of the government; and whether the government has engaged in or tolerated particularly severe violations of religious freedom (as such term is defined in section 3 of the International Religious Freedom Act of 1998). Assistance prohibited by subsection
(a)may be provided, and licenses may be issued, to a foreign government described in that subsection if, at least 15 days before providing such assistance, the President submits to the relevant congressional committees— a certification that— extraordinary circumstances exist warranting the provision of such assistance or the issuance of such license; and the interests of providing such assistance or issuing such license outweigh the interests of protecting internationally recognized human rights; and a report describing— the types and amounts of assistance to be provided or licenses to be issued pursuant to the waiver; the justification for such waiver; and the time period for which such waiver will be effective. In this section— the term genocide means an offense as described in section 1091 of title 18, United States Code; and the term relevant congressional committees means— the appropriate congressional committees; and in the case of licenses to be issued under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) for the export of crime control and detection instruments and equipment, the Committee on Banking, Housing, and Urban Affairs of the Senate.