Page:United States Statutes at Large Volume 111 Part 3.djvu/343

 PUBLIC LAW 105-118—NOV. 26, 1997 111 STAT. 2431 or canton and if the portion of the project located in the sanctioned country, entity, or canton is necessary only to complete the project; (D) small-scale assistance projects or activities requested by United States Armed Forces that promote good relations between such forces and the officials and citizens of the areas in the United States SFOR sector of Bosnia; (E) implementation of the Brcko Arbitral Decision; (F) lending by the international financial institutions to a country or entity to support common monetary and fiscal policies at the national level as contemplated by the Daj^on Agreement; or (G) direct lending to a non-sanctioned entity, or lending passed on by the national government to a non-sanctioned entity. (2) FURTHER LIMITATIONS.— Notwithstanding paragraph (1)- (A) no assistance may be made available by this Act, or any prior Act making appropriations for foreign operations, export fiuancing and related programs, in any country, entity, or canton described in subsection (d), for a program, project, or activity in which a publicly indicted war criminal is known to have any financial or material interest; and (B) no assistance (other than emergency foods or medical assistance or demining assistance) may be made available by this Act, or any prior Act making appropriations for foreign operations, export financing and related programs for any program, project, or activity in a community within any coiuitry, entity or canton described in subsection (d) if competent authorities within that community are not complying with the provisions of Article DC and Annex 4, Article II, paragraph 8 of the Das^on Agreement relating to war crimes and the Tribunal. (d) SANCTIONED COUNTRY, ENTITY, OR CANTON.— A sanctioned country, entity, or canton described in this section is one whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to apprehend and transfer to the Tribunal all persons who have been publicly indicted by the Tribunal. (e) WAIVER.— (1) IN GENERAL.— The Secretary of State may waive the application of subsection (a) or subsection (b) with respect to specified bilateral programs or international financial institution projects or programs in a sanctioned country, entity, or canton upon providing a written determination to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives that such assistance directly supports the implementation of the Dayton Agreement and its Annexes, which include the obligation to apprehend and transfer indicted war criminals to the Tribunal. (2) REPORT.— Not later than 15 days after the date of any written determination under paragraph (e)(1), the Secretary of State shall submit a report to the Committee on

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