Page:United States Statutes at Large Volume 118.djvu/3047

 118 STAT. 3017 PUBLIC LAW 108–447—DEC. 8, 2004 (E) a framework for achieving a just settlement of the refugee problem. (b) SENSE OF CONGRESS.—It is the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) WAIVER.—The President may waive subsection (a) if he determines that it is vital to the national security interests of the United States to do so. (d) EXEMPTION.—The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 550 of this Act (‘‘Limitation on Assistance to the Palestinian Authority’’). COLOMBIA SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.— Notwithstanding any other provision of law, funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows: (1) Up to 75 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2). (2) Up to 12.5 percent of such funds may be obligated only after the Secretary of State certifies and reports to the appropriate congressional committees that: (A) The Commander General of the Colombian Armed Forces is suspending from the Armed Forces those mem bers, of whatever rank who, according to the Minister of Defense or the Procuraduria General de la Nacion, have been credibly alleged to have committed gross violations of human rights, including extra judicial killings, or to have aided or abetted paramilitary organizations. (B) The Colombian Government is vigorously inves tigating and prosecuting those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra judicial killings, or to have aided or abetted paramilitary organizations, and is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations. (C) The Colombian Armed Forces have made substan tial progress in cooperating with civilian prosecutors and judicial authorities in such cases (including providing requested information, such as the identity of persons sus pended from the Armed Forces and the nature and cause of the suspension, and access to witnesses, relevant military documents, and other requested information). (D) The Colombian Armed Forces have made substan tial progress in severing links (including denying access to military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit coopera tion) at the command, battalion, and brigade levels, with

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