Pub. L. 104-107, tit. V, sec. 585
nato participation
nato participation Sec. 585. Revisions to Program To Facilitate Transition to NATO Membership.— (a) Eligible Countries.— Subsection (d) of section 203 of the NATO Participation Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note) is amended to read as follows: “(d) Designation of Eligible Countries.— “(1) Initial presidential review and designation.— Within 60 days of the enactment of the NATO Participation 110 STAT. 753Act Amendments of 1995, the President should evaluate the degree to which any country emerging from communist domination which has expressed its interest in joining NATO meets the criteria set forth in paragraph (3), and may designate one or more of these countries as eligible to receive assistance under the program established under subsection (a). The President shall, at the time of designation of any country pursuant to this paragraph, determine and report to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate with respect to each country so designated that such country meets the criteria set forth in paragraph (3). “(2) Other European countries emerging from communist domination.— In addition to the countries designated pursuant to paragraph (1), the President may at any time designate other European countries emerging from communist domination as eligible to receive assistance under the program established under subsection (a). The President shall, at the time of designation of any country pursuant to this paragraph, determine and report to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate with respect to each country so designated that such country meets the criteria set forth in paragraph (3). “(3) Criteria.— The criteria referred to in paragraphs (1) and (2) are, with respect to each country, that the country— “(A) has made significant progress toward establishing— “(i) shared values and interests; “(ii) democratic governments; “(iii) free market economies; “(iv) civilian control of the military, of the police, and of intelligence services, so that these organizations do not pose a threat to democratic institutions, neighboring countries, or the security of NATO or the United States; “(v) adherence to the rule of law and to the values, principles, and political commitments set forth in the Helsinki Final Act and other declarations by the members of the Organization on Security and Cooperation in Europe; “(vi) commitment to further the principles of NATO and to contribute to the security of the North Atlantic area; “(vii) commitment to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; “(viii) commitment and ability to accept the obligations, responsibilities, and costs of NATO membership; and “(ix) commitment and ability to implement infrastructure development activities that will facilitate participation in and support for NATO military activities; “(B) is likely, within five years of such determination, to be in a position to further the principles of the North 110 STAT. 754Atlantic Treaty and to contribute to the security of the North Atlantic area; and “(C) is not ineligible to receive assistance under section 552 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, with respect to transfers of equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 40(d) of the Arms Export Control Act.”. (2) Conforming amendments.— (A) Subsections (b) and (c) of section 203 of such Act are amended by striking “countries described in such subsection” each of the two places it appears and inserting “countries designated under subsection (d)”. (B) Subsection (e) of section 203 of such Act is amended by inserting “(22 U.S.C. 2394–1), and shall include with such notification a memorandum of justification with respect to the proposed designation” before the period at the end. (b) Types of Assistance.— Section 203(c) of such Act is amended by inserting after paragraph (4) the following new paragraphs: “(5) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund). “(6) Funds appropriated under the “Nonproliferation and Disarmament Fund” account. “(7) Assistance under chapter 6 of part II of the Foreign Assistance Act of 1961 (relating to peacekeeping operations and other programs). “(8) Notwithstanding any other provision of law, including any restrictions in sections 516 and 519 of the Foreign Assistance Act of 1961, as amended, the President may direct the crating, packing, handling, and transportation of excess defense articles provided pursuant to paragraphs (1) and (2) of this subsection without charge to the recipient of such articles.”, (c) Effect on Other Authorities.— Section 203 of the NATO Participation Act of 1994 (title II of Public Law 103–447, 22 U.S.C. 1928 note), is amended to add a new subsection (g) to read as follows: “(g) Effect on Other Authorities.— Nothing in this Act shall affect the eligibility of countries to participate under other provisions of law in programs described in this Act.”. (d) Annual Report.— Section 205 of the NATO Participation Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note) is amended: (1) by inserting “ANNUAL” in the section heading before the first word; (2) by inserting “annual” after “include in the” in the matter preceding paragraph (1); and (3) in paragraphs (1) and (2), by striking “and other” and all that follows through the period at the end and in both instances inserting in lieu thereof “and any other country designated by the President pursuant to section 203(d).”.