[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 112-82
112th Congress

An Act


 
To reauthorize the Belarus Democracy Act of 2004. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE.

This Act may be cited as the ``Belarus Democracy and Human Rights
Act of 2011''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.

Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.

``Congress finds the following:
``(1) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of human rights and fundamental
freedoms.
``(2) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of basic principles of
democratic governance, including through a series of
fundamentally flawed presidential and parliamentary elections
undermining the legitimacy of executive and legislative
authority in that country.
``(3) The Government of Belarus has subjected thousands of
pro-democratic political activists to harassment, beatings, and
jailings, particularly as a result of their attempts to
peacefully exercise their right to freedom of assembly and
association.
``(4) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media, including independent journalists, for
systematic reprisals and elimination, while suppressing the
right to freedom of speech and expression of those dissenting
from the dictatorship of Aleksandr Lukashenka, and adopted laws
restricting the media, including the Internet, in a manner
inconsistent with international human rights agreements.
``(5) The Government of Belarus continues a systematic
campaign of harassment, repression, and closure of
nongovernmental organizations, including independent trade
unions and entrepreneurs, and this crackdown has created a
climate of fear that inhibits the development of civil society
and social solidarity.
``(6) The Government of Belarus has subjected leaders and
members of select ethnic and religious minorities to harassment,
including the imposition of heavy fines and denying

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permission to meet for religious services, sometimes by
selective enforcement of the 2002 Belarus religion law.
``(7) The Government of Belarus has attempted to silence
dissent by persecuting human rights and pro-democracy activists
with threats, firings, expulsions, beatings and other forms of
intimidation, and restrictions on freedom of movement and
prohibition of international travel.
``(8) The dictator of Belarus, Aleksandr Lukashenka,
established himself in power by orchestrating an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolishing the duly elected parliament, the 13th
Supreme Soviet, installing a largely powerless National
Assembly, extending his term in office, and removing applicable
term limits.
``(9) The Government of Belarus has failed to make a
convincing effort to solve the cases of disappeared opposition
figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky
and journalist Dmitry Zavadsky, even though credible allegations
and evidence links top officials of the Government to these
disappearance.
``(10) The Government of Belarus has restricted freedom of
expression on the Internet by requiring Internet Service
Providers to maintain data on Internet users and the sites they
view and to provide such data to officials upon request, and by
creating a government body with the authority to require
Internet Service Providers to block Web sites.
``(11) On December 19, 2010, the Government of Belarus
conducted a presidential election that failed to meet the
standards of the Organization for Security and Cooperation in
Europe (OSCE) for democratic elections.
``(12) After the December 19, 2010, presidential election
the Government of Belarus responded to opposition protests by
beating scores of protestors and detaining more than 600
peaceful protestors.
``(13) After the December 19, 2010, presidential election
the Government of Belarus jailed seven of the nine opposition
presidential candidates and abused the process of criminal
prosecution to persecute them.
``(14) After the December 19, 2010, presidential election,
the Government of Belarus disrupted independent broadcast and
Internet media, and engaged in repressive actions against
independent journalists.
``(15) After the December 19, 2010, presidential election,
Belarusian security services and police conducted raids
targeting civil society groups, individual pro-democracy
activists, and independent media.
``(16) After the December 19, 2010, presidential election,
Belarusian officials refused to extend the mandate of the OSCE
Office in Minsk.
``(17) After the December 19, 2010, presidential election,
opposition candidates and activists have been persecuted and
detainees have been physically mistreated, and denied access to
family, defense counsel, medical treatment, and open legal
proceedings.
``(18) After the December 19, 2010, presidential election,
lawyers representing those facing criminal charges related to

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the post-election protest have been subjected to the revocation
of licenses, disbarment, and other forms of pressure.
``(19) After the December 19, 2010, presidential election,
the Government of Belarus has convicted political detainees to
harsh prison sentences.
``(20) After the December 19, 2010, presidential election,
the United States expanded its visa ban list, imposed additional
financial sanctions on certain state-owned enterprises, and
initiated preparations to freeze the assets of several
individuals in Belarus. The European Union imposed targeted
travel and financial sanctions on an expanded list of officials
of the Government of Belarus.
``(21) After the December 19, 2010, presidential election,
the United States fully restored sanctions against Belarus's
largest state-owned petroleum and chemical conglomerate and all
of its subsidiaries.
``(22) After the December 19, 2010, presidential election,
the United States has engaged in assistance efforts to provide
legal and humanitarian assistance to those facing repression and
preserving access to independent information, and has pledged
resources to support human rights advocates, trade unions, youth
and environmental groups, business associations, think-tanks,
democratic political parties and movements, independent
journalists, newspapers and electronic media operating both
inside Belarus and broadcasting from its neighbors, and to
support access of Belarusian students to independent higher
education and expand exchange programs for business and civil
society leaders.
``(23) The Department of State, the Department of the
Treasury, and other executive branch agencies have heretofore
made effective use of this Act to promote the purposes of this
Act, as stated in section 3 of this Act.
``SEC. 3. STATEMENT OF POLICY.

``It is the policy of the United States to--
``(1) condemn the conduct of the December 19, 2010,
presidential election and crackdown on opposition candidates,
political leaders, and activists, civil society representatives,
and journalists;
``(2) continue to call for the immediate release without
preconditions of all political prisoners in Belarus, including
all those individuals detained in connection with the December
19, 2010, presidential election;
``(3) continue to support the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(4) continue to support the aspirations of the people of
Belarus to preserve the independence and sovereignty of their
country;
``(5) continue to support the growth of democratic movements
and institutions in Belarus, which empower the people of Belarus
to end tyranny in their country;
``(6) continue to refuse to accept the results of the
fundamentally flawed December 19, 2010, presidential election
held in Belarus, and to support calls for new presidential and
parliamentary elections, conducted in a manner that is free and
fair according to OSCE standards;

[[Page 1866]]

``(7) continue to call for the fulfillment by the Belarusian
government of Belarus's freely undertaken obligations as an OSCE
participating state;
``(8) <> continue to call for a full
accounting of the disappearances of opposition leaders and
journalists in Belarus, including Victor Gonchar, Anatoly
Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the
prosecution of those individuals who are in any way responsible
for the disappearance of those opposition leaders and
journalists;
``(9) continue to work closely with the European Union and
other countries and international organizations, to promote the
conditions necessary for the integration of Belarus into the
European family of democracies;
``(10) call on the International Ice Hockey Federation to
suspend its plan to hold the 2014 International World Ice Hockey
championship in Minsk until the Government of Belarus releases
all political prisoners; and
``(11) remain open to reevaluating United States policy
toward Belarus as warranted by demonstrable progress made by the
Government of Belarus consistent with the aims of this Act as
stated in this section.''.
SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS.

Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS.

``It is the sense of Congress that the President should support
radio, television, and Internet broadcasting to the people of Belarus in
languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the
Voice of America, European Radio for Belarus, and Belsat.''.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or expression,
including those individuals jailed based on political
beliefs or expression in connection with repression that
attended the presidential election of December 19,
2010'' before the period at the end;
(B) in paragraph (2), by inserting ``, including
politically motivated legal charges made in connection
with repression that attended the presidential election
of December 19, 2010'' before the period at the end;
(C) in paragraph (5), by inserting ``and violations
of human rights, including violations of human rights
committed in connection with the presidential election
of December 19, 2010'' before the period at the end; and
(D) in paragraph (7), by striking ``internationally
recognized observers'' and inserting ``OSCE observers'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(ii) by striking ``or'' at the end;

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(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
violent crackdown on opposition leaders, journalists, and
peaceful protestors that occurred in connection with the
presidential election of December 19, 2010; or
``(5) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
persecution or harassment of religious groups, human rights
defenders, democratic opposition groups, or independent media or
journalists.'';
(3) in subsection (e), by striking ``of each international
financial institution to which'' and inserting ``at each
international financial institution of which''; and
(4) in subsection (f)(2)(B)(ii), by striking ``(as defined
in section 40102 of title 49, United States Code)''.
SEC. 5. REPORT.

Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109-
480; 22 U.S.C. 5811 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``the Belarus Democracy and Human
Rights Act of 2011'';
(2) in paragraph (1), by striking ``sale or delivery of
weapons or weapons-related technologies'' and inserting ``sale
or delivery or provision of weapons or weapons-related
technologies or weapons-related training'';
(3) in paragraph (2), by striking ``involved in the sale''
and inserting ``or weapons-related training involved in the sale
or delivery or provision'';
(4) in paragraph (3), by inserting ``or weapons-related
training described in paragraph (1)'' before the period at the
end; and
(5) by adding at the end the following new paragraph:
``(5) The cooperation of the Government of Belarus with any
foreign government or organization for purposes related to the
censorship or surveillance of the Internet, or the purchase or
receipt by the Government of Belarus of any technology or
training from any foreign government or organization for
purposes related to the censorship or surveillance of the
Internet.''.
SEC. 6. DEFINITIONS.

Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''; and
(2) in paragraph (3)--
(A) in subparagraph (B)(i), by striking ``and
prosecutors'' and inserting ``, prosecutors, and heads
of professional associations and educational
institutions''; and
(B) in subparagraph (C), by striking ``Lukashenka
regime'' and inserting ``Government of Belarus''.

[[Page 1868]]

SEC. 7. FUNDING FOR REPORT.

The requirement to prepare and transmit the report required under
section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22
U.S.C. 5811 note), as amended by section 5 of this Act, shall be
performed within current levels of authorized and appropriated funding.

Approved January 3, 2012.

LEGISLATIVE HISTORY--H.R. 515:
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CONGRESSIONAL RECORD, Vol. 157 (2011):
July 6, considered and passed House.
Dec. 14, considered and passed Senate, amended.
Dec. 19, 20, House considered and concurred in Senate
amendments.