Page:United States Statutes at Large Volume 114 Part 2.djvu/211

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PUBLIC LAW 106-309 —OCT. 17, 2000 114 STAT. 1093 the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria. "(4) RELATION TO OTHER LAWS. — "(A) IN GENERAL. — Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country. " (B) EXCEPTION. — Subparagraph (A) does not apply with respect to— "(i) section 620A of this Act or any comparable provision of law prohibiting assistance to countries that support international terrorism; or "(ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. "(b) SPECIFIC PROJECTS AND ACTIVITIES. — The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that— "(1) support responsible independent media to promote oversight of public and private institutions; "(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems; "(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; "(4) promote responsive, transparent, and accountable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection; "(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption; "(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights; "(7) promote free and fair national, state, and local elections; "(8) foster public participation in the legislative process and public access to government information; and "(9) engage civil society in the fight against corruption. " (c) CONDUCT OF PROJECTS AND ACTIVITIES. — Projects and activities under the programs established pursuant to subsection