123STA T .905PUBLIC LA W 111 –8—M A R .11 , 2009 (g)PHIL I P PI NES.—Ofthe f undsap p ro pr i ated by this Ac t under the heading ‘ ‘ F oreign M i l itary Financing Progra m’ ’ , nottoe x ceed $30 ,000,000 may be made a v ailable for assistance for the Phil - ippines, of w hich $ 2 ,000,000 may not be obligated until the S ec- retary of State reports in writing to the C ommittees on Appropria- tions that— ( 1 ) the G overnment of the Philippines is ta k ing effective steps to implement the recommendations of the U nited N ations Special R apporteur on E xtra- j udicial, Summary or Arbitrary Executions, to include prosecutions and convictions for extrajudicial executions
sustaining the decline in the number of extra-judicial executions; addressing allegations of a death s q uad in D avao City; and strengthening government institu- tions working to eliminate extra-judicial executions; (2) the Government of the Philippines is implementing a policy of promoting military personnel who demonstrate professionalism and respect for internationally recogni z ed human rights, and is investigating and prosecuting military personnel and others who have been credibly alleged to have violated such rights; and (3) the Philippine Armed Forces do not have a policy of, and are not engaging in, acts of intimidation or violence against members of legal organizations who advocate for human rights. (h) V IE T N AM .—Notwithstanding any other provision of law, funds appropriated under the heading ‘‘Development Assistance’’ in this Act may be made available for programs and activities in the central highlands of Vietnam, and shall be made available for environmental remediation and related health activities in Vietnam. SE RB IA SE C . 7 072. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Serbia after May 31, 200 9 , if the President has made the determination and certification contained in subsection (c). (b) After May 31, 2009, the Secretary of the T reasury should instruct the United States executive directors to the international financial institutions to support loans and assistance to the Govern- ment of Serbia subject to the conditions in subsection (c). (c) The determination and certification referred to in subsection (a) is a determination and a certification by the President to the Committees on Appropriations that the Government of Serbia is— (1) cooperating with the I nternational Criminal Tribunal for the former Y ugoslavia including access for investigators, the provision of documents, timely information on the location, movement, and sources of financial support of indictees, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law. (d) This section shall not apply humanitarian assistance or assistance to promote democracy. Det e rmina ti o n .C erti f i c ation. R at k o Ml a d ic. Re p ort s .
