Sec. 3. Prohibition on increased nonhumanitarian assistance to the Government of Vietnam
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Except as provided in subsections (b), the Federal Government may not provide nonhumanitarian assistance to the Government of Vietnam, or to any organization working within Vietnam under an agreement signed with a Government of Vietnam entity, agency, or organization during any fiscal year in an amount that exceeds the amount of such assistance provided for fiscal year 2014 unless— with respect to the limitation for fiscal year 2014, the President determines and certifies to Congress, not later than 30 days after the date of the enactment of this Act, that the requirements of subparagraphs
(A)through
(G)of paragraph
(2)have been met during the 12-month period ending on the date of the certification; and with respect to the limitation for subsequent fiscal years, the President determines and certifies to Congress, in the most recent annual report submitted pursuant to section 7, that the requirements of subparagraphs
(A)through
(G)of paragraph
(2)have been met during the 12-month period covered by the report. The requirements of this paragraph are the following: The Government of Vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention, including journalists and bloggers, independent labor union members, democracy and free speech advocates and those detained for engaging in religious activity or peaceful protests against religious freedom restrictions. The Government of Vietnam has made substantial progress toward ensuring freedom of expression, particularly ending censorship of the Internet by the government and the repealing of laws that restrict Internet freedom. The Government of Vietnam has made substantial progress toward respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference, harassment, or involvement of the Government, for all of Vietnam’s diverse religious communities. The Government of Vietnam has made substantial progress toward Internet freedom, a complete end to censorship, the repeal of laws restricting internet usage and the punishment of anti-state comments online, the blockage of content from dissidents within Vietnam and from abroad, and efforts by pro-government forces to disrupt, hack, and block websites and operations of Vietnamese groups abroad. The Government of Vietnam has made substantial progress toward respecting the right to the freedoms of assembly and association, including the right to organize labor unions independent of government oversight and control and the right to participate in nonviolent demonstrations, rallies, or civil society organizations, in accordance with international standards and treaties to which Vietnam is a party. Neither any official of the Government of Vietnam nor any agency or entity wholly or partly owned by the Government of Vietnam was complicit in the trafficking in persons and the Government of Vietnam took all necessary and appropriate steps to end any such complicity and hold such official, agency, or entity fully accountable for its conduct. The Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs. The Government of Vietnam has made substantial progress toward respecting the internationally guaranteed human rights of members of all ethnic and minority groups. Notwithstanding the failure of the Government of Vietnam to meet the requirements of subsection (a)(2), the President may waive the application of subsection
(a)for any fiscal year if the President determines that the provision to the Government of Vietnam of increased nonhumanitarian assistance would promote the purpose of this Act or is otherwise in the national interest of the United States. The President may exercise the authority under paragraph
(1)with respect to— all United States nonhumanitarian assistance to Vietnam; or one or more programs, projects, or activities of such assistance. In this section: The term nonhumanitarian assistance means— any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of that Act, relating to the Overseas Private Investment Corporation), other than— disaster relief assistance, including any assistance under chapter 9 of part I of that Act; assistance which involves the provision of food (including monetization of food) or medicine; assistance for environmental remediation of dioxin-contaminated sites and related health activities; assistance for demining and unexploded ordnance
(UXO)remediation, and related health and educational activities; assistance to combat severe forms of trafficking in persons; assistance to combat diseases; assistance for refugees; assistance to combat HIV/AIDS, including any assistance under section 104A of that Act; and assistance to prevent child labor; and sales, or financing on any terms, under the Arms Export Control Act. The term severe form of trafficking in persons means any activity described in section 103(8) of the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 (114 Stat. 1470); 22 U.S.C. 7102(8) ). This section shall take effect on the date of the enactment of this Act and shall apply with respect to the provision of nonhumanitarian assistance to the Government of Vietnam for fiscal year 2016 and subsequent fiscal years.
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- Pub. L. 106-386
- 114 Stat. 1470
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Sec. 3
Prohibition on increased nonhumanitarian assistance to the Government of Vietnam
Pub. L.Pub. L. 106-386
Stat.114 Stat. 1470
Cites 3Cited by 0 across 0 sources