Page:United States Statutes at Large Volume 123.djvu/911

 123STA T .89 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 prosecut et h ee x tr adi ted l eaders a n d m em b ers o fFTO s w ho ha v e been indicted in the U nited S tates for murder , torture, k idnappin g , narcotics trafficking, or other viola - tions of United States law the G overnment of Colombia is not knowingl y taking any steps to legali z e the titles of land or other assets illegally obtained and held by FTOs, their associates, or successors, has established effective procedures to iden- tify such land and other assets, and is seizing and returning such land and other assets to their rightful occupants or owners; ( D ) the Government of Colombia is dismantling the organizational structures of FTOs and successor armed groups; and ( E ) funds shall not be made available as cash payments to individuals and are available only for activities under the following categories verification, reintegration (including training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions . (e) IL L EGA L ARM E D GR OUPS . — ( 1 )DE NI ALO FV ISAS.—Sub j ect to paragraph ( 2 ), the Sec- retary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence— (A) has willfully provided any support to or benefitted from the R evolutionary Armed Forces of Colombia (FARC), the N ational L iberation Army (ELN), the United Self- Defense Forces of Colombia (AUC), or successor armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or ( B ) has committed, ordered, incited, assisted, or other- wise participated in the commission of a violation of inter- nationally recognized human rights, including extra- judicial killings, in Colombia. (2) W AIVER.— P aragraph (1) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons. (f) DEFINI T IONS.—In this section: (1) AIDED OR A B ETTED.—The term ‘ ‘aided or abetted ’ ’ means to provide any support to paramilitary or successor armed groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups. (2) PARAMILITAR Y GROUPS.—The term ‘‘paramilitary groups’’ means illegal self-defense groups and illegal security cooperatives, including those groups and cooperatives that have formerly demobilized but continue illegal operations, as well as parts thereof. ( 3 ) FOREIGN TERRORIST ORGANI Z ATION.—The term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 21 9 of the Immigration and Nationality Act. Certif i ca ti on.
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