103 STAT. 1240 PUBLIC LAW 101-167—NOV. 21, 1989 that the Panama Defense Forces and its leaders have been removed from nonmilitary activities and institutions; (2) an impartial investigation into allegations of illegal ac- tions by members of the Panama Defense Force is being conducted; (3) a satisfactory agreement has been reached between the governing authorities and representatives of the opposition forces on conditions for free and fair elections; and (4) freedom of the press and other constitutional guarantees, including due process of law, are being restored to the Panama- nian people; then no United States assistance (including any such assistance appropriated and previously obligated) shall be obligated or ex- pended for programs, projects, or activities which assist or lend support for the Noriega regime, or ministries of government under the control of the Noriega regime, or any successor regime that does not meet the criteria specified in subsection (a) of this section in this fiscal year and any fiscal year thereafter, and none of the funds appropriated or otherwise made available in this Act, or any other Act, shall be used to finance any participation of the United States in joint military exercises conducted in Panama during the fiscal year 1990. (b) It is the sense of the Congress that if the conditions described in paragraphs (1) through (4) of subsection (a) have been certified as having been met, then not only will United States assistance be restored, but increased levels of such assistance should be consid- ered for Panama. (c) For purposes of this section, the term "United States assist- ance" means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government, including— (1) assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act); (2) sales, credits, and guarantees under the Arms Export Control Act; (3) sales under title I or III and donations under title II of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities; (4) other financing programs of the Commodity Credit Cor- poration for export sales of nonfood commodities; (5) financing under the Export-Import Bank Act of 1945; and (6) assistance provided by the Central Intelligence Agency or assistance provided by any other entity or component of the United States Government if such assistance is carried out in connection with, or for purposes of conducting, intelligence or intelligence-related activities except that this shall not include activities undertaken solely to collect necessary intelligence; except that the term "United States assistance" does not include (A) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such assistance is provided through private and voluntary organizations or other nongovernmental agencies, (B) assistance which involves the donations of food or medicine, (C) disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961), (D) assistance for refugees, (E) assistance under the Inter-American Foundation Act,
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