118 STAT. 3027 PUBLIC LAW 108–447—DEC. 8, 2004 (1) the Armed Forces are taking steps to counter inter national terrorism, consistent with democratic principles and the rule of law, and in cooperation with countries in the region; (2) the Indonesian Government is prosecuting and pun ishing, in a manner proportional to the crime, members of the Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights or to have aided or abetted militia groups; (3) at the direction of the President of Indonesia, the Armed Forces are cooperating with civilian judicial authorities and with international efforts to resolve cases of gross violations of human rights in East Timor and elsewhere; and (4) at the direction of the President of Indonesia, the Armed Forces are implementing reforms to increase the transparency and accountability of their operations and financial manage ment, including making publicly available audits of receipts and expenditures. (b) Funds appropriated under the heading ‘‘International Mili tary Education and Training’’ may be made available for assistance for Indonesia if the Secretary of State determines and reports to the Committees on Appropriations that the Indonesian Govern ment and Armed Forces are cooperating with the Federal Bureau of Investigation’s investigation into the August 31, 2002, murders of two American citizens and one Indonesian citizen in Timika, Indonesia: Provided, That this restriction shall not apply to expanded international military education and training, which may include English language training. LIMITATION ON CONTRACTS SEC. 573. None of the funds made available under this Act may be used to fund any contract in contravention of section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)). LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT SEC. 574. (a) None of the funds made available in this Act in title II under the heading ‘‘Economic Support Fund’’ may be used to provide assistance to the government of a country that is a party to the International Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country. (b) The President may, without prior notice to Congress, waive the prohibition of subsection (a) with respect to a North Atlantic Treaty Organization (‘‘NATO’’) member country, a major non NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan if he deter mines and reports to the appropriate congressional committees that it is important to the national security interests of the United States to waive such prohibition. (c) The President may, without prior notice to Congress, waive the prohibition of subsection (a) with respect to a particular country if he determines and reports to the appropriate congressional committees that such country has entered into an agreement with
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