118 STAT. 173 PUBLIC LAW 108–199—JAN. 23, 2004 operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2005. INDEPENDENT STATES OF THE FORMER SOVIET UNION SEC. 517. (a) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall be made available for assistance for a government of an Independent State of the former Soviet Union— (1) unless that government is making progress in imple menting comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment; and (2) if that government applies or transfers United States assistance to any entity for the purpose of expropriating or seizing ownership or control of assets, investments, or ventures. Assistance may be furnished without regard to this subsection if the President determines that to do so is in the national interest. (b) None of the funds appropriated under the heading ‘‘Assist ance for the Independent States of the Former Soviet Union’’ shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States. (c) None of the funds appropriated under the heading ‘‘Assist ance for the Independent States of the Former Soviet Union’’ shall be made available for any state to enhance its military capability: Provided, That this restriction does not apply to demilitarization, demining or nonproliferation programs. (d) Funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ for the Russian Federation, Armenia, Georgia, and Ukraine shall be subject to the regular notification procedures of the Committees on Appropria tions. (e) Funds made available in this Act for assistance for the Independent States of the former Soviet Union shall be subject to the provisions of section 117 (relating to environment and natural resources) of the Foreign Assistance Act of 1961. (f) Funds made available for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities. (g) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appro priations Acts under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ and under comparable headings in prior appropriations Acts, for projects or activities that have as one of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to the New Independent States and the implementing agency shall encour age the participation of and give significant weight to contractors and grantees who propose investing a significant amount of their 22 USC 5814 note.
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