CRITERIA FOR U.S. ASSISTANCE UNDER SECTION 498A(a) OF THE FOREIGN ASSISTANCE ACT OF 1961
AZERBAIJAN
Section 201 of the FREEDOM Support Act amended Section 498A of the Foreign Assistance Act of 1961 to require that the President "take into account not only relative need but also the extent to which that independent state is acting to:"
Section 498A(a)(1): "make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections."
Azerbaijan's efforts toward developing a democratic system have brought it into NATO's Euro-Atlantic Partnership Council and Partnership for Peace, membership in the Council of Europe and engagement with the European Union. Significant problems remain, however. Although President Ilham Aliyev has made efforts to reform key ministries by replacing ministers with young reformers, Azerbaijan's politics are still dominated by the party created by his father, the late former President Heydar Aliyev. The New Azerbaijan Party has been the ruling party since Heydar Aliyev came to power in 1993 and opposition parties make up only a small minority of its members. Elections since 1993 have not met the standards of the Organization for Security and Co-operation in Europe (OSCE). The Constitution provides for an independent judiciary, but in practice judges do not function independently of the executive branch.
Reminiscent of October 2003 presidential elections, the October 2004 by-elections and December 2004 municipal to fill three parliamentary seats were marred by serious irregularities, including ballot stuffing, voter-list fraud, and intimidation of voters. The U.S. and the OSCE filed a joint statement following both elections indicating that the elections did not meet international standards. In a positive step, election officials from two constituencies were dismissed in November, along with several precinct election officials suspected of attempting to influence election results. Authorities have also tried and convicted more than 100 individuals on charges stemming from the violence following the presidential elections of 2003. Authorities used excessive force against demonstrators and others in a post-election demonstration that turned violent. Subsequently, authorities arrested hundreds in countrywide sweeps, many of whom had no connection to the violence. Most of those rounded up were released the following week. Of the over 100 individuals convicted, forty received prison sentences, including seven opposition leaders convicted of organizing the violence, in a trial that failed to meet international standards.
An active and independent print media exists and press censorship was officially abolished in 1998. Nevertheless, the Government continued to restrict freedom of speech and of the press in 2004. The press faced continued harassment by the Government during the year, including defamation suits against journalists. As opposed to previous years, the courts began collecting fines imposed by the courts, which put additional financial burden on opposition newspapers. Several prominent opposition and independent newspapers reduced circulation and periodicity during the year and at times stopped printing. Two journalists were attacked during the year. Since the election there has been less criticism of the new President and the Government. While the print media enjoyed more freedom than the broadcast media, independent and opposition newspapers only sporadically were available in regions outside of Baku. According to some Baku-based journalists, authorities in the exclave of Naxchivan actively prevented distribution of opposition newspapers. In 2004 the Government passed legislation to create a public television and radio station, but local activists were concerned that the Government will not allocate sufficient resources and that they will not be able to function as a viable alternative to state television. The Government tightly controls official radio and television, the primary source of information for most of the population.
In 2004 the Government restricted freedom of assembly - it has not allowed any opposition political party demonstrations since the presidential elections. The Government also forcibly dispersed some demonstrations held without a permit, and in some cases detained and used excessive force against protesters. In a series of decrees, President Aliyev pardoned more than 700 political prisoners during the year. However, he has not pardoned any of those convicted of a crime stemming from post-election violence.
In August 2004, The Government enacted the Law on Advocates and Advocate Activity. This law was expected to reform the legal profession; however, the Government used a narrow interpretation of the law's wording to limit even more severely access to lawyers.
Section 498A(a)(2): "make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts)."
Azerbaijan continued to make important progress in the transition to a market economy. Outdated Soviet laws have been replaced with modern legislation to encourage foreign investment, to protect intellectual property, to permit bankruptcies, and to rationalize the Government's revenue collection policies. However, due to shortcomings in its current intellectual property rights (IPR) laws and weak enforcement of existing laws, Azerbaijan is on the U.S. Special 301 "Watch List."
Azerbaijan is a member of the International Bank for Reconstruction and Development (IBRD), European Bank for Reconstruction and Development (EBRD), International Monetary Fund (IMF) and the Asian Development Bank. Azerbaijan is making modest progress in preparing for WTO membership with the assistance of a USTDA-funded WTO advisor. Azerbaijan has a bilateral trade agreement with the United States providing for Normal Trade Relations, and has been determined to be compliant with the freedom of emigration provisions of the Jackson-Vanik amendment (subject to a semi-annual report on continued compliance with these provisions). The U.S.-Azerbaijan bilateral investment treaty (BIT) entered into force in August 2001. Azerbaijan also has an OPIC agreement, which was concluded in 1992. Azerbaijan has applied to become a beneficiary of the Generalized System of Preferences (GSP)
The oil industry is Azerbaijan's financial lifeline. Twenty-two signed Production Sharing Agreements (PSAs) with over 30 international companies attest to the rapid development of Azerbaijan' s energy sector, which has attracted 75-80 percent of the more than $5 billion in foreign direct investment (FDI) made through 2000. Construction is nearing completion on key regional energy transportation projects such as the Baku-Tbilisi-Ceyhan oil pipeline and the Baku-Tbilisi-Erzerum gas pipeline. These projects will form the backbone of an East-West transportation corridor that will carry Caspian energy resources to western markets and help ensure the independence of participating states. However, the Government of Azerbaijan has had a mixed record on implementing structural reforms, especially outside the energy sector.
In June 2003, Azerbaijan became one of the first countries to join the Extractive Industries Transparency Initiative (EITI). Government, NGO, international and domestic energy companies signed a memorandum of understanding on EITI implementation in Baku on November 24, 2004. This committed Azerbaijan to public independently audited, twice-yearly reports detailing payments by domestic and international energy companies to the Government and payments received by the Government, the first of which is due in March 2005.
Economic development outside the energy sector has been incremental. In cooperation with the international community, the Government has begun implementation of both a rural economic development program and a poverty reduction strategy. Government efforts at land privatization have helped reverse the collapse of agriculture production as well as engender sustained growth in agricultural production.
The Government sold its share of one telecommunications enterprise in December 2003, and it has plans to privatize its share in other telecommunications enterprises in 2005. After an initial wave of small enterprise privatization in 1996, Azerbaijan undertook a second privatization program in August 2000 focused on privatizing larger state enterprises. Thus far, only a few of these larger enterprises have been sold to private investors, and large state enterprises benefit from significant quasi-fiscal subsidies, particularly for energy. The government has cut quasi-fiscal subsidies to state enterprises, and such subsidies are now made explicit in the state budget. The government has also begun the transition to world market prices for domestic energy consumers.
In contrast to its mixed track record on structural reform, Azerbaijan has received praise from the IMF for achieving macroeconomic stability. Azerbaijan has maintained a conservative stance on the assumption of debt which resulted in a public debt/GDP ratio of less than 22 percent in 2003 and, combined with tight monetary policies, helped the Government of Azerbaijan rein in inflation from a peak of 1,664 percent in 1994 to less than 3.0 percent in 2003. While inflation has risen in 2004 to over 6 percent, the national currency, the manat, has remained stable against the U.S. dollar. Azerbaijan has experienced continued strong economic growth, with GDP expected to increase by about 10 percent in 2004. The IMF has supported Azerbaijan's economic reform program since 1995. In July 2001, the Government of Azerbaijan reached agreement with the IMF on a three-year, $100 million Poverty Reduction and Growth Facility. The Government of Azerbaijan established a State Oil Fund in 1999, with the cooperation of the International Financial Institutions, to save and manage its growing energy revenues. The Fund, which began operating in January 2001, has been transparently managed and had assets of $857 million as of September 2004. Expenditures from the Oil Fund are made through the state budget with the approval of parliament. The creation of the Oil Fund has had a positive impact on fiscal discipline and has contributed to better transparency and accountability of oil revenue management.
Section 498A(a)(3): "respect for internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration."
The Government's human rights record remains poor. As part of its application to join the Council of Europe, Azerbaijan passed several progressive pieces of legislation to replace outdated Soviet legal codes. The institutions required to implement these new laws, however, are weak, and implementation has faced difficulties. For example, the 2000 criminal code bans torture but local human rights NGOs report that authorities continue to torture suspects to extract confessions. Although there were a handful of prosecutions and reprimands over the past year, perpetrators often go unpunished. Local and international human rights groups visit prisons and meet regularly with political prisoners after sentencing, but it is virtually impossible to gain pre-trial access to detainees.
One area where Azerbaijan had made significant progress until 2002 was in the sphere of religious freedom. Although "traditional" religious groups - Muslims, Russian Orthodox Christians and Jews - enjoy the respect and support of the Government, lower level officials harass other, "non-traditional" groups from time to time. Following President Heydar Aliyev's public commitment to religious freedom in late 1999, the Government redressed most individual cases of harassment and registered several non-traditional religious groups. The establishment of a state commission regulating religious associations in June 2001, however, required that all religious groups re-submit their registration documents. There have been considerable delays in registration and some denials. Several Protestant congregations of separate churches were denied registration when they refused to accept the state's plan for organizing themselves into a common union with a particular church at the head. Most religious groups have continued to operate while their re-registration is pending. There have also been problems with importing religious materials, with groups at times citing lengthy and only receiving permission for reduced quantities. Some Muslim groups, mostly Wahhabi and Iranian groups, have reported government interference in their affairs. Some Muslim communities have complained of authorities denying permission for female students and teachers to wear Muslim head coverings.
During the year, the courts ruled to evict the Juma Mosque Community from its mosque, which is owned by the city of Baku. The authorities carried out the eviction, at one point using excessive force to remove worshippers from the mosque steps. The community had refused to reregister with the State Committee on Work with Religious Associations. The mosque remains closed for renovation and the congregation does not have a place to hold prayers. The community's Imam, Ilgar Ibrahimoglu, is restricted from leaving the country as a condition of his conviction for his alleged involvement in the post-election violence of October 2003.
The Government respects the right of freedom of emigration, including Jewish emigration. The remaining Armenian population in Azerbaijan is approximately 10,000-30,000, almost exclusively persons of mixed descent or mixed marriages. While official government policy is that ethnic Armenians are free to travel, low-level officials seeking bribes have harassed citizens of Armenian ethnicity who sought to obtain passports. There are approximately 800,000 Azerbaijani refugees and internally displaced persons (IDPs) from the war with Armenia. Armenians have settled in some parts of Azerbaijan occupied by Armenia, and Azerbaijanis are unable to return.
Section 498A(a)(4): "respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully."
Azerbaijan has reiterated its commitment to the observance of international legal obligations and OSCE commitments in the area of human rights. In November 1999, Azerbaijan joined the other OSCE states in signing the Charter for European Security, which reaffirms full adherence to all OSCE documents already in force. Azerbaijan has reiterated its commitment to a peaceful resolution of the unresolved Nagorno-Karabakh conflict; at the same time, Azerbaijani officials continue to make public statements threatening or implying the use of force to regain Armenian-occupied territory. Both Azerbaijan and Armenia periodically violate the cease-fire that has been in effect since May 1994; both countries participate actively within the OSCE Minsk Process, an initiative aimed at resolving the conflict. The Azerbaijani and Armenian foreign and defense ministers also have met several times to discuss aspects of a settlement. Progress slowed in 2003 as presidential elections in Azerbaijan and Armenia dominated government attention in both countries but talks continued in between Kocharian and the new President of Azerbaijan, Ilham Aliyev (Heidar's son). They met first in December 2003, and met subsequently in April and September 2004. Through the auspices of the International Committee of the Red Cross (ICRC), Armenia and Azerbaijan continued in 2004 to exchange POWs and captured soldiers.
Section 498A(a)(5): "cooperate in seeking peaceful resolution of ethnic and regional conflicts."
The OSCE created the Minsk Group in the spring of 1992 as the forum for a peaceful negotiated resolution to the conflict over Nagorno-Karabakh. The Government of Azerbaijan continues its participation in the OSCE peace process. The Presidents of Azerbaijan and Armenia continue to engage in a series of private meetings in an effort to resolve their differences and help bring about a resolution of the conflict. In FY 2004 there were three meetings of the Presidents of Armenia and Azerbaijan and four meetings of the Foreign Ministers. Both Azerbaijan and Armenia have expressed a commitment to continue working with the OSCE Minsk Group Co-Chairs to achieve a resolution of the conflict.
Section 498A(a)(6): "implement responsible security policies, including--
(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;
(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;
(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and
(D) restraining conventional weapons transfers."
Azerbaijan has declared its acceptance of all of the relevant arms control obligations of the former Soviet Union. Azerbaijani actions to support this commitment include accession, as a non-nuclear-weapons state, to the Nuclear Non-Proliferation Treaty (NPT) on September 22, 1992. Azerbaijan's NPT safeguards agreement with the International Atomic Energy Agency has been in force since April 29, 1999. The Additional Protocol has been in force for Azerbaijan since November 29, 2000. Azerbaijan was one of the original signatories of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC) and deposited its instrument of ratification to the Convention on February 29, 2000. On February 26, 2004, Azerbaijan acceded to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on Their Destruction (BWC). The United States considers Azerbaijan to be a party to the Intermediate and Shorter Range Nuclear Forces (INF) Treaty as a successor state to the Soviet Union. Although Azerbaijani officials have questioned that conclusion, they have taken no steps inconsistent with their obligations under the INF Treaty.
The Conventional Armed Forces in Europe (CFE) Treaty was approved by Azerbaijan's Parliament in July 1992. Until late in 1999, Azerbaijan had significant overages above its Treaty limits for ground equipment, but by a series of notifications of reduction events and decommissioning, Azerbaijan stated they had been eliminated. Azerbaijan's data since January 1, 2000 showed compliance with all limits. However, questions about the accuracy of this data have not yet been fully resolved, and Azerbaijan's compliance with other CFE obligations has been uneven. Azerbaijan participates in the CFE Joint Consultative Group, the Treaty's implementation body, which meets in Vienna. Azerbaijan has hosted on-site inspections as provided for in the Treaty and has provided data on equipment as required by the Treaty. However, since 1997 Azerbaijan, citing the exigencies of the conflict in Nagorno-Karabakh, has continued a unilateral suspension of certain notification provisions, a practice not permitted under the CFE Treaty. Although Azerbaijan has continued to periodically notify and carry out reduction events, it has not properly completed the reductions required by the Treaty. Since the Treaty entered into force, Azerbaijan has continuously insisted that it cannot complete required reductions -- or fulfill certain Treaty obligations -- as long as the dispute over Nagorno-Karabakh continues with Armenian troops and equipment in occupied Azerbaijani territory. Azerbaijan is engaged in discussions both in the CFE context and in the context of the Minsk process, which may help lay the basis for improved Treaty compliance.
Azerbaijan regularly submits Confidence and Security Building Measures (CSBM) annual data and has received CSBM inspections and evaluation visits in accordance with the OSCE Vienna Document 1994 and its successor Vienna Document 1999.
We have no evidence that the Government of Azerbaijan has engaged in the proliferation of nuclear, chemical, or biological weapons, their delivery systems, or related technology. Azerbaijan has made progress in establishing a system of nonproliferation export controls and has actively moved to thwart transit of controlled items to countries of concern. In September 1999, the United States and Azerbaijan signed an agreement "Concerning Cooperation in the Area of Counterproliferation of Weapons of Mass Destruction and Defense Activities." This agreement entered into force on May 7, 2003 and a related implementation agreement was signed on January 2, 2004, entering into force on that date. Azerbaijan supports the worldwide moratorium on nuclear testing, and was an original subscribing state to the November 22, 2002, Hague Code of Conduct Against Ballistic Missile Proliferation. Azerbaijan is not a significant exporter of conventional weapons. The USG also cooperates with Azerbaijan under the auspices of the Cooperative Threat Reduction program, Weapons of Mass Destruction Proliferation Prevention Initiative, to improve Azerbaijan's capability to prevent illicit trafficking of WMD and WMD components, materials and expertise on the Caspian Sea. Azerbaijan has acceded to the Science and Technology Center in Ukraine (STCU), which will provide former senior weapons scientists opportunities to conduct legitimate research.
Section 498A(a)(7): "take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources."
Soviet era oil development, air and water pollution, and urban industrial pressure on the land have created serious environmental challenges. Deterioration and erosion of soil and salination of agricultural lands contribute to extensive soil loss. Poor air and water quality contribute to increasing public health risks. The rising level of the Caspian Sea and the prospective development of Caspian energy resources have brought serious new environmental challenges. Azerbaijan acceded to the Convention on International Trade in Endangered Species on November 23, 1998; to the Basel Convention (on transboundary movement of hazardous waste) on June 1, 2001; and to the Kyoto Protocol on September 28, 2000.
Legislation to address environmental problems and the use of natural resources, based on modern Western practice, has been enacted, but government funding remains inadequate to meet the breadth of existing problems. International consortia currently drilling for oil and gas in the Caspian Sea are following international industry-wide environmental practices.
The Government draws attention to environmental issues through its support of an annual International Environmental Congress that brings together government officials, scientists, politicians, international oil companies, and private organizations to address Caspian region development issues. Azerbaijan also participates in the Caspian Environmental Program, a five-nation project supported by United Nations Development Program (UNDP) and the IBRD. Under this project, Azerbaijan has established a pollution abatement research center and a database management center to help the coastal states protect the sensitive Caspian Sea environment. On November 4, 2003, Azerbaijan signed a five-party Framework Convention for the Protection of the Marine Environment of the Caspian Sea with Iran, Turkmenistan, Russia, and Kazakhstan. In November 2001 the Caspian Environment Program sponsored a series of workshops on oil spill contingency planning which many hope will be a building block for Azerbaijan in a regional contingency plan for the coastal states. Azerbaijan is also working with neighboring states, including Armenia and Georgia, through the EECCA strategy to address common environmental and development issues.
In October 2001 the Government combined five agencies into a new Ministry of Ecology and National Resources, which is responsible for implementing the Government's ecology policy. In December 2000 Azerbaijan joined co-founders Georgia and Armenia in a Regional Environmental Center for the Caucasus. The United States and the European Union are supporting and co-financing this independent, non-profit, and non-political organization, the mission of which is to strengthen civil society and support sustainable development by promoting public awareness and participation in regional environmental decision-making. In November of 2001, the Ministry of Ecology advised that Azerbaijan had completed a national sustainable development plan. Azerbaijan is participating in a three-country USAID project on management of the Kura/Aras River, a river basin that encompasses Georgia, Azerbaijan and Armenia.
Section 498A(a)(8): "deny support for acts of international terrorism."
Azerbaijan is a staunch partner in the U.S.-led global war on terrorism. Azerbaijan is party to all twelve major international anti-terrorism conventions and protocols and has cooperated with the U.S. and other countries on anti-terrorism efforts.
U.S.-Azerbaijan counterterrorism cooperation predates the September 11, 2001 attacks. Azerbaijan provided evidence to U.S. authorities that contributed directly to the conviction of the 1998 East Africa Embassy bombers, and cooperates with the U.S. Embassy in Baku against terrorist threats to the mission. In the wake of the September 11 attacks, the Government of Azerbaijan expressed unqualified support for the U.S. and offered whatever means necessary to the U.S.-led antiterrorism coalition. To date, Azerbaijan has granted blanket overflight clearance, offered the use of bases, and engaged in information sharing and law enforcement cooperation. In November 2002 a platoon of Azerbaijani soldiers was deployed to the international peacekeeping force in Afghanistan, and in August 2003 a company of Azerbaijani soldiers was deployed to Iraq.
Azerbaijan has taken steps to combat terrorist financing, making a concerted effort to identify and shut down groups engaged in terrorist-related funding. Azerbaijan closed three organizations that were suspected of supporting terrorist groups. It has taken steps to prevent the use of Azerbaijani territory by Chechen militants and those seeking to aid them. Azerbaijan has also detained individuals associated with terrorist groups crossing the Iran-Azerbaijan border illegally. Azerbaijan's Department of Aviation Security increased security at Baku's Bina Airport and has implemented International Civil Aviation Organization (ICAO) recommendations on aviation security. Azerbaijan has turned over 30 foreign citizens with suspected ties to terrorists, including eight to Egypt and three to Saudi Arabia. The Government of Azerbaijan does not grant sanctuary from prosecution to individuals or groups that have committed actions of international terrorism or otherwise support international terrorism.
With assistance from the Department of Justice and the United Nations, Azerbaijan has been diligently drafting new legislation to bring its criminal code up to international standards on money laundering, terrorist financing, and terrorism.
Section 498A(a)(9): "accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union."
In October 1991, shortly before the Soviet Union dissolved, Russia and eleven other Soviet republics, including Azerbaijan, signed a Memorandum of Understanding declaring themselves jointly and severally liable for the foreign debts of the former Soviet Union (FSU). In December 1991, Russia and seven other republics signed an agreement that assigned to each of the Newly Independent States a share of all the external assets and foreign debt of the FSU. Azerbaijan did not sign the December 1991 agreement.
Beginning in 1992, Russia sought to replace the joint and several liability principles by seeking full liability for the foreign debt of the FSU in return for all the external assets of the FSU. In September 1993 Azerbaijan signed a "double-zero option" agreement with Russia under which Russia agreed to assume Azerbaijan's share of the foreign debt of the FSU in return for Azerbaijan's share of the FSU's external assets.
Please see section 498A(a)(9) of the Russia assessment regarding indebtedness to the United States incurred by the former Soviet Union.
Section 498A(a)(10): "cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-of-war, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War."
The U.S. effort to uncover evidence of American POWs and MIAs in the former Soviet Union is being conducted through the U.S.-Russian Joint Commission on POWs/MIAs, which was established in March 1992. The Commission met with Azerbaijani officials in June 1996, and the Azerbaijani Government pledged its cooperation with the Commission's efforts.
Section 498A(a)(11): "terminate support for the communist regime in Cuba, including removal of troops, closing of military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other assistance."
We do not have evidence from which to conclude that the Government of Azerbaijan is providing military, intelligence, economic, nuclear, or other assistance to the Government of Cuba.
CHECKLIST FOR GROUNDS OF INELIGIBILITY UNDER SECTION 498A(b) OF THE FOREIGN ASSISTANCE ACT OF 1961
AZERBAIJAN
Section 498A(b)(1): Has the President determined that the Government of Azerbaijan has "engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law"?
No, the President has not made such a determination at this time. However, there have been serious shortcomings in the observance of human rights. We remain committed to addressing these problems not only through diplomatic efforts but also through assistance programs.
Section 498A(b)(2): Has the President determined that the Government of Azerbaijan "has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union"?
No. The President has not made such a determination at this time.
Section 498A(b)(3): Has the President determined that, after October 24, 1992, the Government of Azerbaijan "knowingly transferred to another country --
(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or
(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determine[d] that the material, equipment, or technology was to be used by such country in the manufacture of such weapon"?
No. The President has not made such a determination at this time.
Section 498A(b)(4): Is the Government of Azerbaijan "prohibited from receiving such assistance by section 101 or 102 of the Arms Export Control Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991"?
No.
Section 498A(b)(5): Has the President determined and certified to the appropriate congressional committees that the Government of Azerbaijan "is providing assistance for, or engaging in non-market-based trade (as defined in section 498B(k)(3)) with the Cuban Government? If so, has the President taken action to withhold assistance from Azerbaijan under the Foreign Assistance Act within 30 days of such a determination, or has Congress enacted legislation disapproving the determination within that 30-day period?"
No. The President has not determined that the Government of Azerbaijan is providing military and intelligence, economic, nuclear, or other assistance to or engaging in any non-market-based trade with, the Government of Cuba.
