118 STAT. 3032 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘Development Assistance’’, not less than the amount of funds ini tially allocated pursuant to section 653(a) of the Foreign Assistance Act of 1961 for fiscal year 2004 should be made available for El Salvador, Guatemala, Nicaragua and Honduras. (b) Not to exceed $3,227,000 in prior year ‘‘Military Assistance Program’’ funds that are available for Guatemala may be made available for non lethal defense items for Guatemala if the Secretary of State certifies to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that— (1) the role of the Guatemalan military has been limited, in doctrine and in practice, to substantially those activities in defense of Guatemala’s sovereignty and territorial integrity that are permitted by the 1996 Peace Accords, and the Govern ment of Guatemala is taking steps to pass a new governing law of the Army (Ley Constitutiva del Eje´ rcito); (2) the Guatemalan military is cooperating with civilian judicial authorities, including providing full cooperation on access to witnesses, documents and classified intelligence files, in investigations and prosecutions of military personnel who have been implicated in human rights violations and other criminal activity; (3) the Government of Guatemala is working with the United Nations to resolve legal impediments to the establish ment of the Commission for the Investigation of Illegal Groups and Clandestine Security Organizations (CICIACS), so that CICIACS can effectively accomplish its mission of investigating and bringing to justice illegal groups and members of clandes tine security organizations; (4) the Government of Guatemala is continuing its efforts to make the military budget process transparent and accessible to civilian authorities and to the public, for both present and past expenditures; (5) the Government of Guatemala is working to facilitate the prompt establishment of an office in Guatemala of the United Nations High Commissioner for Human Rights with the unimpeded authority to investigate and report on human rights in Guatemala; and (6) the Government of Guatemala is taking steps to increase its efforts to combat narcotics trafficking and organized crime. (c) Section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by adding at the end the following new subsection: ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF NICARAGUA.— ‘‘(1) Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and ending on January 9, 2002, shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2). ‘‘(2) An action shall be deemed presented for purposes of paragraph (1) if it is— ‘‘(A) in writing; and 22 USC 2370a. Certification.
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