123STA T .906PUBLIC LA W 111 –8—M A R .11 , 2009 INDEP ENDEN TS T A TES OF T H EFO RM ER SO V IET U NION S E C.70 7 3 . (a)None o fth ef u n ds a p p r opr i ated under the headin g‘ ‘ A ssistan c e for E urope , Eurasia and C entra l Asia ’ ’ shall b e m ade a v ailable for assistance for a government of an I ndependent State of the former Soviet U nion if that government directs an y action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the H elsin k i F inal Act
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d, T hat such funds may be made available w ithout regard to the restriction in this subsection if the P resident determines that to do so is in the national security interest of the United States. (b) Funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ for the R ussian Federation, Armenia, K a z akhstan, and Uzbekistan shall be sub j ect to the reg - ular notification procedures of the Committees on Appropriations. (c)( 1 ) O f the funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are allocated for assist- ance for the G overnment of the Russian Federation, 6 0 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation — (A) has terminated implementation of arrangements to pro- vide Iran with technical e x pertise, training, technology, or e q uipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capa- bility
and ( B ) is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. ( 2 ) Paragraph (1) shall not apply to— (A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; and (B) activities authorized under title V (Nonproliferation and D isarmament Programs and Activities) of the FREEDO M Support Act. (d) Section 9 07 of the FREEDOM Support Act shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1 4 24 of Public L aw 104 – 201 or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee or other assist- ance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.); ( 5 ) any financing provided under the Export-Import Bank Act of 1945; or (6) humanitarian assistance. Presid e nt.D eter m in a ti o n. C erti f i c ation. N otification. President. Determination.
