Sec. 7043.
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Funds appropriated by this Act under the heading Economic Support Fund for assistance for Burma may be made available notwithstanding any other provision of law, except for this subsection, following consultation with the appropriate congressional committees. Funds appropriated under title III of this Act for assistance for Burma— shall be made available to strengthen civil society organizations in Burma and for programs to strengthen independent media; shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance ; shall be made available for programs to promote ethnic and religious tolerance and to combat gender-based violence, including in Rakhine, Shan, Kachin, and Karen states; shall be made available to promote rural economic development in Burma, including through microfinance programs; shall be made available to increase opportunities for foreign direct investment by strengthening the rule of law, transparency, and accountability; shall be made available for programs to investigate and document allegations of ethnic cleansing and other gross violations of human rights committed against the Rohingya people in Rakhine state; shall be made available for programs to investigate and document allegations of gross violations of human rights committed in Burma, particularly in areas of conflict; shall be made available to support the implementation of the August 2017 Final Report of the Advisory Commission on Rakhine State entitled Towards a Peaceful, Fair and Prosperous Future for the People of Rakhine ; and may be made available for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose.
Funds appropriated under title III of this Act for assistance for Burma— may not be made available to any individual or organization if the Secretary of State has credible information that such individual or organization has committed a gross violation of human rights, including against Rohingya and other minority groups, or that advocates violence against ethnic or religious groups or individuals in Burma; may not be made available to any organization or entity controlled by the armed forces of Burma; and may only be made available for programs to support the return of Rohingya, Karen, and other displaced persons to their locations of origin or preference in Burma if such returns are voluntary and consistent with international law.
None of the funds appropriated by this Act under the headings International Military Education and Training and Foreign Military Financing Program may be made available for assistance for Burma: Provided , That the Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response in a manner consistent with the prior fiscal year, and following consultation with the appropriate congressional committees. Any new program or activity in Burma initiated in fiscal year 2019 shall be subject to prior consultation with the appropriate congressional committees.
Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2019. None of the funds appropriated in this Act that are made available for assistance for the central Government of Cambodia may be obligated or expended until the Secretary of State reports to the Committees on Appropriations that such government— is taking effective steps to strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; has ceased efforts to intimidate civil society and the political opposition in Cambodia and is credibly investigating the murder of social and political activists; and is supporting the conduct of free and fair elections in Cambodia through a non-partisan election commission; fair election processes; credible post-election dispute resolution mechanisms; open and inclusive participation, to include the return of exiled former opposition leaders; and respect for freedoms of assembly and speech.
None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: Provided , That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ; 22 U.S.C. 9229 ), as amended, to the Committees on Appropriations in the manner described in subparagraph (2)(A) of such section:
Provided further , That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of such interest served. Funds appropriated by this Act under the heading International Broadcasting Operations shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year.
Funds appropriated by this Act under the heading Migration and Refugee Assistance should be made available for assistance for refugees from North Korea, including protection activities in the People's Republic of China and other countries in Asia. Funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund shall be made available for the promotion of human rights in North Korea. None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea.
None of the funds appropriated under the heading Diplomatic Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China
(PRC)unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army
(PLA)of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of the PRC, in accordance with the strategy required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ), following consultation with the Committees on Appropriations. None of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , and Economic Support Fund may be made available for assistance for the Government of the People’s Republic of China. The limitation of subparagraph
(A)shall not apply to assistance described in paragraph
(2)of subsection
(f)of this section and for programs to detect, prevent, and treat infectious disease. Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement may be made available for counternarcotics assistance for the Philippine National Police only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of the Philippines has adopted and is implementing a counternarcotics strategy that is consistent with international human rights standards, including investigating and prosecuting individuals who are credibly alleged to have ordered, committed, or covered up extrajudicial killings and other gross violations of human rights in the conduct of counternarcotics operations: Provided , That the limitation of this paragraph shall not apply to funds made available for drug demand reduction or maritime programs, or to support for the development of such counternarcotics strategy following consultation with the appropriate congressional committees. The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. Notwithstanding any other provision of law, funds appropriated by this Act under the heading Economic Support Fund shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China. Funds appropriated by this Act under the heading Economic Support Fund shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities. Funds appropriated by this Act under the heading Economic Support Fund shall be made available for programs to strengthen the capacity of Tibetan institutions and governance.
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- Pub. L. 114-122
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