Page:United States Statutes at Large Volume 114 Part 2.djvu/747

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PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1483 (B) the extent of noncompliance with the minimum standards by the government and, particularly, the extent to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise complicit in severe forms of trafficking; and (C) what measures are reasonable to bring the government into compliance with the minimum standards in light of the resources and capabilities of the government. (c) NOTIFICATION.—Not less than 45 days or more than 90 Deadline, days after the submission, on or after January 1, 2003, of an annual report under subsection (b)(1), or an interim report under subsection (b)(2), the President shall submit to the appropriate congressional committees a notification of one of the determinations listed in subsection (d) with respect to each foreign country whose government, according to such report— (A) does not comply with the minimum standards for the elimination of trafficking; and (B) is not making significant efforts to bring itself into compliance, as described in subsection (b)(1)(C). (d) PRESIDENTIAL DETERMINATIONS.—The determinations referred to in subsection (c) are the following: (1) WITHHOLDING OF NONHUMANITARIAN, NONTRADE- RELATED ASSISTANCE. —The President has determined that— President. (A)(i) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the government of the country for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; or (ii) in the case of a country whose government received no nonhumanitarian, nontrade-related foreign assistance from the United States during the previous fiscal year, the United States will not provide funding for participation by officials or employees of such governments in educational and cultural exchange programs for the subsequent fiscal year until such government complies with the minimum standards or maJkes significant efforts to bring itself into compliance; and (B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director's best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other them for humanitarian assistance, for trade-related assistance, or for development assistance which directly addresses basic human needs, is not administered by the government of the sanctioned country, and confers no benefit to that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance. (2) ONGOING, MULTIPLE, BROAD-BASED RESTRICTIONS ON ASSISTANCE IN RESPONSE TO HUMAN RIGHTS VIOLATIONS. —THE President has determined that such country is already subject to multiple, broad-based restrictions on assistance imposed in ^ significant part in response to human rights abuses and such, restrictions are ongoing and are comparable to the restrictions