Page:United States Statutes at Large Volume 115 Part 3.djvu/97

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PUBLIC LAW 107-115^JAN. 10, 2002 115 STAT. 2171 have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia (the "Tribunal") all persons in their territory who have been publicly indicted by the Tribunal and to otherwise cooperate with the Tribunal. (2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization. (b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate congressional committees that the competent authorities of such country, entity, or municipality are— (1) cooperating with the Tribunal, including access for investigators, the provision of documents, and the surrender and transfer of publicly indicted persons or assistance in their apprehension; and (2) are acting consistently with the Dayton Accords. (c) Not less than 10 days before any vote in an international financial institution regarding the extension of any new project involving financial or technical assistance or grants to any country or entity described in subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall provide to the Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States position regarding any such vote, as well as a description of the location of the proposed assistance by municipality, its purpose, and its intended beneficiaries. (d) In carrying out this section, the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of the Treasury shall consult with representatives of human rights organizations and all government agencies with relevant information to help prevent publicly indicted war criminals from benefiting from any financial or technical assistance or grants provided to any country or entity described in subsection (a). (e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or municipality upon a written determination to the Committees on Appropriations that such assistance directly supports the implementation of the Dayton Accords. (f) DEFINITIONS. — As used in this section— (1) COUNTRY.—The term "country" means Bosnia and Herzegovina, Croatia and Serbia. (2) ENTITY.— The term "entity" refers to the Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska. (3) MUNICIPALITY.— The term "municipality" means a city, town or other subdivision within a country or entity as defined herein. (4) DAYTON ACCORDS. — The term "Dayton Accords" means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995. USER FEES SEC. 582. The Secretary of the Treasury shall instruct the United States Executive Director at each international financial Deadline. Human rights. 89-194O -03 -4 QL3 Part3