(a) Coordination
The President shall designate, within the Department of State, a coordinator who shall be responsible for—
(1) designing an overall assistance and economic cooperation strategy for the independent states of the former Soviet Union;
(2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in this Act (including the amendments made by this Act and chapter 12 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2296 et seq.]);
(3) pursuing coordination with other countries and international organizations with respect to assistance to independent states;
(4) ensuring that United States assistance programs for the independent states are consistent with this Act (including the amendments made by this Act and chapter 12 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2296 et seq.]);
(5) ensuring proper management, implementation, and oversight by agencies responsible for assistance programs for the independent states; and
(6) resolving policy and program disputes among United States Government agencies with respect to United States assistance for the independent states.
(b) Export promotion activities
Consistent with subsection (a), coordination of activities related to the promotion of exports of United States goods and services to the independent states of the former Soviet Union shall continue to be primarily the responsibility of the Secretary of Commerce, in the Secretary's role as Chair of the Trade Promotion Coordination Committee.
(c) International economic activities
Consistent with subsection (a), coordination of activities relating to United States participation in international financial institutions and relating to organization of multilateral efforts aimed at currency stabilization, currency convertibility, debt reduction, and comprehensive economic reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury, in the Secretary's role as Chair of the National Advisory Council on International Monetary and Financial Policies and as the United States Governor of the international financial institutions.
(d) Accountability for funds
Any agency managing and implementing an assistance program for the independent states of the former Soviet Union shall be accountable for any funds made available to it for such program.
References in Text
This Act, referred to in subsec. (a)(2), (4), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, as amended, known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 and also as the FREEDOM Support Act. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), (4), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 12 of part I of the Act is classified generally to part XII [§2296 et seq.] of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments
1999—Subsec. (a)(2), (4). Pub. L. 106–113 substituted "this Act and chapter 12 of part I of the Foreign Assistance Act of 1961)" for "this Act)".
Russian and Ukrainian Business Management Education
Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, subtitle B], Nov. 29, 1999, 113 Stat. 1536, 1501A–448, provided that:
"SEC. 421. PURPOSE.
"The purpose of this subtitle is to establish a training program in Russia and Ukraine for nationals of those countries to obtain skills in business administration, accounting, and marketing, with special emphasis on instruction in business ethics and in the basic terminology, techniques, and practices of those disciplines, to achieve international standards of quality, transparency, and competitiveness.
"SEC. 422. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(A) in the case of Russia—
"(i) a business concern operating in Russia that employs Russian nationals in Russia; or
"(ii) a private enterprise that is being formed or operated by former officers of the Russian armed forces in Russia; and
"(B) in the case of Ukraine—
"(i) a business concern operating in Ukraine that employs Ukrainian nationals in Ukraine; or
"(ii) a private enterprise that is being formed or operated by former officers of the Ukrainian armed forces in Ukraine.
"(3)
"(4)
"(5)
"(A) Russia in the case of any eligible enterprise operating in Russia that receives technical assistance under the program; or
"(B) Ukraine in the case of any eligible enterprise operating in Ukraine that receives technical assistance under the program.
"SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.
"(a)
"(1)
"(2)
"(A) in the offices of eligible enterprises, at business schools or institutes, or at other locations in the program country, including facilities of the armed forces of the program country, educational institutions, or in the offices of trade or industry associations, with special consideration given to locations where similar training opportunities are limited or nonexistent; or
"(B) by 'distance learning' programs originating in the United States or in European branches of United States institutions.
"(b)
"SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.
"(a)
"(1)
"(2)
"(b)
"(1) is for an individual or individuals employed in an eligible enterprise or enterprises applying under the program;
"(2) describes the level of training for which assistance under this subtitle is sought;
"(3) provides evidence that the eligible enterprise meets the general policies adopted for the administration of this subtitle;
"(4) provides assurances that the eligible enterprise will pay a share of the costs of the training, which share may include in-kind contributions; and
"(5) provides such additional assurances as are determined to be essential to ensure compliance with the requirements of this subtitle.
"(c)
"SEC. 425. RESTRICTIONS NOT APPLICABLE.
"Prohibitions on the use of foreign assistance funds for assistance for the Russian Federation or for Ukraine shall not apply with respect to the funds made available to carry out this subtitle.
"SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
Restriction on Assistance to Azerbaijan
Pub. L. 107–115, title II [(g)(2)–(6)], Jan. 10, 2002, 115 Stat. 2129, provided that:
"(2) The President may waive section 907 of the FREEDOM Support Act [Pub. L. 102–511, set out below] if he determines and certifies to the Committees on Appropriations that to do so—
"(A) is necessary to support United States efforts to counter international terrorism; or
"(B) is necessary to support the operational readiness of United States Armed Forces or coalition partners to counter international terrorism; or
"(C) is important to Azerbaijan's border security; and
"(D) will not undermine or hamper ongoing efforts to negotiate a peaceful settlement between Armenia and Azerbaijan or be used for offensive purposes against Armenia.
"(3) The authority of paragraph (2) may only be exercised through December 31, 2002.
"(4) The President may extend the waiver authority provided in paragraph (2) on an annual basis on or after December 31, 2002 if he determines and certifies to the Committees on Appropriations in accordance with the provisions of paragraph (2).
"(5) The Committees on Appropriations shall be consulted prior to the provision of any assistance made available pursuant to paragraph (2).
"(6) Within 60 days of any exercise of the authority under paragraph (2) the President shall send a report to the appropriate congressional committees specifying in detail the following—
"(A) the nature and quantity of all training and assistance provided to the Government of Azerbaijan pursuant to paragraph (2);
"(B) the status of the military balance between Azerbaijan and Armenia and the impact of United States assistance on that balance; and
"(C) the status of negotiations for a peaceful settlement between Armenia and Azerbaijan and the impact of United States assistance on those negotiations."
[Functions of President under subsecs. (g)(4) and (6) of title II of Pub. L. 107–115, set out above, delegated to Secretary of State by section 1–100(a)(13) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.]
Pub. L. 102–511, title IX, §907, Oct. 24, 1992, 106 Stat. 3357, provided that: "United States assistance under this or any other Act (other than assistance under title V of this Act [22 U.S.C. 5851 et seq.]) may not be provided to the Government of Azerbaijan until the President determines, and so reports to the Congress, that the Government of Azerbaijan is taking demonstrable steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh."
Support for Macroeconomic Stabilization in Independent States of Former Soviet Union
Pub. L. 102–511, title X, §1004, Oct. 24, 1992, 106 Stat. 3360, provided that:
"(a)
"(b)
"(c)
Report on Debt of Former Soviet Union Held by Commercial Financial Institutions
Pub. L. 102–511, title X, §1007, Oct. 24, 1992, 106 Stat. 3361, directed Secretary of the Treasury, using information available from the International Monetary Fund, the International Bank for Reconstruction and Development, and other appropriate international financial institutions, to report to Congress, not later than one year after Oct. 24, 1992, on the debt incurred by the former Soviet Union that is held by commercial financial institutions outside the independent states of the former Soviet Union that are obligated on such debt.
Ex. Ord. No. 12884. Delegation of Functions Under Freedom Support Act and Related Provisions of Foreign Operations, Export Financing and Related Programs Appropriations Act
Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended by Ex. Ord. No. 13030, §3, Dec. 12, 1996, 61 F.R. 66187; Pub. L. 105–277, div. G, subdiv. A, title XIV, §1422(a)(4), Oct. 21, 1998, 112 Stat. 2681–792; Ex. Ord. No. 13118, §10(1), Mar. 31, 1999, 64 F.R. 16598, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the FREEDOM Support Act (Public Law 102–511) (the "Act") [22 U.S.C. 5801 et seq.], the Foreign Assistance Act of 1961, as amended (the "Foreign Assistance Act") [22 U.S.C. 2151 et seq.], the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993 (Public Law 102–391) [see Tables for classification], and section 301 of title 3, United States Code, it is hereby ordered as follows:
(1) section 907 of the Act [set out above];
(2) paragraphs (1), (2), (3), and (5) of section 498A(b) of the Foreign Assistance Act [22 U.S.C. 2295a(b)(1), (2), (3), (5)];
(3) paragraph (1) of section 498A(C) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(1)] and the requirement to make reports under that section regarding determinations under that paragraph; and
(4) section 599B of Public Law 102–391 [106 Stat. 1697].
(b) The Secretary of State may at any time exercise any function delegated to the Coordinator under this order or otherwise assigned to the Coordinator.
(a) [former] section 104 of the Act [22 U.S.C. 5814], and the Coordinator is authorized to assign responsibility for particular aspects of the reports described in that section to the heads of appropriate agencies;
(b) section 301 of the Act [22 U.S.C. 5821], insofar as it relates to determinations and directives;
(c) section 498A(a), section 498B(c), and section 498B(g) of the Foreign Assistance Act [22 U.S.C. 2295a(a), 2295b(c), (g)]; and
(d) paragraph (2) of section 498A(c) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(2)] and the requirement to make reports under that section regarding determinations under that paragraph.
(a) sections 301(a) and 307 of the Act [22 U.S.C. 5821(a), 5827], except insofar as provided otherwise in section 2(b) of this order;
(b) section 498 and section 498C(b)(2) of the Foreign Assistance Act [22 U.S.C. 2295, 2295c(b)(2)];
(c) paragraph (3) of section 498A(c) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(3)] and the requirement to make reports under that section regarding determinations under that paragraph;
(d) subsection (d) under the heading "Assistance for the New Independent States of the Former Soviet Union" contained in Title II of Public Law 102–391 [106 Stat. 1650]; and
(e) section 592 of Public Law 102–391 [106 Stat. 1691], except to the extent otherwise provided in section 5(b) of this order.
(a) sections 498B(h) and 498B(i) of the Foreign Assistance Act [22 U.S.C. 2295b(h), (i)] are delegated to the head of the agency that is responsible for administering the particular program or activity with respect to which the authority is to be exercised; and
(b) the third proviso in section 592 of Public Law 102–391 [106 Stat. 1691] are delegated to the head of each agency that is responsible for administering relevant programs or activities.
(b) As used in this order, the word "function" includes any duty, obligations, power, authority, responsibility, right, privilege, discretion, or activity.
(c) Functions delegated under this order shall be construed as excluded from the functions delegated under section 1–102(a) of Executive Order No. 12163, as amended [22 U.S.C. 2381 note].
(d) Any officer to whom functions are delegated or otherwise assigned under this order may, to the extent consistent with law, redelegate such functions and authorize their successive redelegation.
William J. Clinton.
[Section 3 of Ex. Ord. No. 12884, set out above, was to cease to be effective pursuant to Pub. L. 105–277, div. G, subdiv. A, title XIV, §1422(a)(4), Oct. 21, 1998, 112 Stat. 2681–792.]
Waiver of Restriction on Assistance to Azerbaijan
Determination of President of the United States, No. 2005–18, Jan. 13, 2005, 70 F.R. 3853, provided:
Memorandum for the Secretary of State
Pursuant to the authority contained in title II of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107–115) [see title II [(g)(2)–(6)] of Pub. L. 107–115, set out as a note above], I hereby determine and certify that extending the waiver of section 907 of the FREEDOM Support Act of 1992 (Public Law 102–511) [set out as a note above]:
• is necessary to support United States efforts to counter international terrorism;
• is necessary to support the operational readiness of United States Armed Forces or coalition partners to counter international terrorism;
• is important to Azerbaijan's border security; and
• will not undermine or hamper ongoing efforts to negotiate a peaceful settlement between Armenia and Azerbaijan or be used for offensive purposes against Armenia.
Accordingly, I hereby extend the waiver of section 907 of the FREEDOM Support Act.
You are authorized and directed to notify the Congress of this determination and to arrange for its publication in the Federal Register.
George W. Bush.
Prior waivers of section 907 of Pub. L. 102–511 were contained in the following:
Determination of President of the United States, No. 2004–18, Dec. 30, 2003, 69 F.R. 2057.
Determination of President of the United States, No. 2003–12, Jan. 17, 2003, 68 F.R. 3803.
Determination of President of the United States, No. 2002–06, Jan. 25, 2002, 67 F.R. 5921.