CRITERIA FOR U.S. ASSISTANCE
UNDER SECTION 498A(a) OF THE FOREIGN ASSISTANCE ACT OF 1961
GEORGIA
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."
From 1991 to 2003, Georgia made uneven progress toward the implementation of a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections. The Georgian parliament adopted a new constitution in August 1995. Presidential and parliamentary elections were held for the first time under the new constitution on November 5, 1995. Local elections were held for the first time in November 1998, although the central government continues to appoint key local officials. Georgia's November 2, 2003 parliamentary elections were marred by fraud and irregularities that resulted in popular demonstrations and the resignation of former President Eduard Shevardnadze on November 23, 2003. An extraordinary presidential election was held in January 2004 and repeat parliamentary elections were held in March 2004. Both elections were heralded by the Organization for Security and Cooperation in Europe (OSCE) as bringing the country closer to meeting international standards. Local NGOs considered Parliamentary by-elections held in October 2005 to be generally fair, despite problems that included inaccurate voter lists and non-tamper proof ballot boxes.
A series of constitutional amendments adopted in 2004 strengthened the power of the executive relative to the parliament and judiciary. According to the OSCE/ODIHR, an analysis of the amendments by the Council of Europe's Venice Commission "found many of the Constitutional changes problematic. Although the Georgian authorities claimed that circumstances required an expeditious consideration and approval of the amendments, the manner in which they were adopted, ignoring a constitutional provision requiring a one-month debate, raised serious concerns which were also voiced by representatives of Georgian civil society."
Moreover, while judicial reform is a priority of the government, the judiciary continues to be subject to executive pressure. Since the adoption of the Constitution in 1995, the U.S. has provided substantial assistance to the judiciary. Recent examples of assistance include the development of a judicial exam, the launching of a judges' association, and the provision of training to judges on a wide variety of issues . The structure of the judicial system, including the court structure and the determination of bodies responsible for judicial discipline and budgeting, remains to be addressed. In 2005, the procuracy has been reformed and largely consolidated; the Government has indicated it hopes to focus on increasing the level of professionalism of the procuracy. A controversial anti-corruption drive by the Georgian High Court of Justice within the ranks of the judiciary has so far led to the resignation of or instigation of disciplinary proceedings against the entire criminal chamber of the Supreme Court (save one justice during 2005, as well as extensive resignations at lower levels. Public confidence in the judicial system as a whole remains extremely low.
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)."
The new government has achieved a remarkable turnaround in Georgia's economy. To date, reforms have touched upon every sector, addressing underlying problems of corruption and poor governance. Georgia's anti-corruption drive and reinvigorated privatization have contributed to strong fiscal revenue performance. Of approximately 1,800 state-owned enterprises available for privatization, more than 240 were privatized during 2004 and 2005. Privatization proceeds have increased the ability of the Government of Georgia (GoG) to finance needed expenditures. The GoG pursued comprehensive reforms to reduce administrative burdens to businesses, minimize government intervention in the economy, overhaul the civil service, enhance fiscal management on the revenue and expenditure sides, and streamline the tax regime. The new licensing law cut from 909 to 159 the number of licensed activities, the simplified tax code eliminated 12 of 21 taxes, the time to register property fell by 75%, and the cost by 70%. Largely due to these accomplishments, the latest World Bank/International Finance Corporation study positioned Georgia as a lead reformer in pursuing the kinds of reforms that can spur growth in firms and jobs. GDP per capita rose from $876 in CY 2003 to $1,135 in CY 2004, and to an estimated annualized $1,300 in the first half of CY 2005; higher than expected. GDP growth remained strong at 6.2% in 2004 and an estimated 6.8% in the first half of 2005. Despite an impressive growth rate, the real GDP of $5.15 billion in 2004 was far below 1989 levels.
The National Bank of Georgia (NBG) has allowed the national currency, the lari, to float since 1998. After regaining value during a period of appreciation in mid-2004, the currency remained stable throughout 2005. The NBG has made significant progress in introducing key reforms in the legal and regulatory frameworks for banking supervision, and in strengthening its capacity to implement these measures. Fiscal performance has continued to improve through 2005. The combined impact of increased privatizations, lower tax rates, tax amnesty, and better tax administration and enforcement helped reduce the shadow economy, promoted economic growth, and supported revenue streams, allowing the government to more than double the budget over its 2003 level. The tax base of the economy remains very narrow and in 2005 growth continued to be driven by the completion of the Baku-Tbilisi-Ceyhan (BTC) oil pipeline construction and the ongoing Shah Deniz gas pipeline, which do not generate tax revenue.
A new Poverty Reduction and Growth Facility (PRGF) was concluded with the IMF in 2004, making Georgia eligible for a debt restructuring from its Paris Club creditors. Relations with the IMF were good over the course of 2005 as the Georgian Government emphasized sustainable spending despite public pressure to spend more. Receipts for privatization increased, although several privatizations were marked by public controversy over their relative lack of transparency.
Inadequate infrastructure and access to energy and natural resources remain a serious constraint to the Georgian economy. A complicated system of transfers between state-supported energy consumers has left power generators with no payments for energy produced. These factors, combined with periodic droughts and breakdowns of thermal plants, have hampered supplies and the finances of the energy companies. Further progress in energy sector reform is needed to achieve the ultimate goals of a reliable energy supply and financial stability. Many needed reforms were not undertaken as expected in 2004, and Georgia once again found it necessary to import electricity for the winter of 2004 - 2005. The Government of Georgia (GoG) is working to commercialize the sector, formulate and implement market-friendly policies, and establish a comprehensive, cohesive legal and regulatory framework. Systemic challenges in the sector, such as degraded infrastructure and poor commercial performance, cannot be fully met without a working strategy for the Ministry of Energy (MOE), market-rate tariffs, regulatory independence and competence, improved management of energy producers and utilities, and increased public trust.
As Georgia offers strategically vital and potentially economical rail routes between Europe and Central Asia, transport and transit service should be important for creating jobs, increasing incomes, and promoting export opportunities. In 2005, the Georgian government sought a comprehensive assessment of the state-owned Georgian Railway (GR), and is considering a restructuring strategy, including strategic alternatives, restructuring options, and other analysis, to improve the GR's efficiency and capacity to manage increased volumes of European traffic.
In 2005, the Georgian government developed and enacted key legislation necessary to improve the business environment, including a Veterinary Law; a first-ever definition of microfinance organizations (MFIs) added to Georgian legislation through the passage of amendments to the Civil Code in February 2005; and the Law on Secured Transactions, including relevant amendments to the Civil Code. The licensing and standards regime was revised to dramatically reduce the number of licenses required to conduct business. Another new bill, enacted in July 2005, was developed to support the additional privatization of large tracts of agricultural land, allowing the Georgian government to privatize 360,000 hectares of agricultural land, consolidate fragmented land into larger, economically viable plots, and increase use of land as collateral. Much remains to be done to address the policy and legal hurdles to strengthening the business environment. Framework laws on Arbitration; Bankruptcy and Rehabilitation Proceedings; Credit Information Bureaus; Movable Property Registry; Leasing; and Microfinance have been drafted in partnership with government and private sector stakeholders, and are ready for submission to Parliament. The development of a proper legislative framework is of paramount importance, but a major challenge is to strengthen targeted institutions in order to translate the policy intent into reality.
Georgia is a member of the International Monetary Fund, World Bank and European Bank for Reconstruction and Development. Georgia acceded to the World Trade Organization (WTO) on June 14, 2000. Georgia has enacted some legislation on protection of intellectual property rights (IPR), but there are still shortcomings and further steps need to be taken. Enforcement of intellectual property regulations is weak due to lack of resources and expertise. A bilateral investment treaty entered into force in August 1997. On November 9, 2000, Congress authorized the President to determine that the provisions of Title IV of the 1974 Trade Act (which includes the Jackson-Vanik Amendment) should no longer apply to Georgia. Pursuant to this authorization, on December 29, 2000, the President extended permanent normal trade relations to Georgia. However, foreign direct investment is not increasing, due largely to a continuing non-transparent business environment. An Overseas Private Investment Corporation agreement has been in force since 1992, and a bilateral investment treaty since 1997. In 2001 the President designated Georgia as a beneficiary under the Generalized System of Preferences (GSP).
Section 498A(a)(3): "respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration."
The Constitution incorporates human rights protections. The Government's human rights record improved in some areas in 2005, although serious problems remained.
The post of Ombudsman or Public Defender, created by constitutional mandate in 1995 and which remained vacant for most of 2004, has been filled. The head of parliament's committee on human rights, as well as the Public Defender, was active in several individual cases involving police misconduct.
In 2005, additional amendments were passed to the Criminal Procedure Code that brings the Code closer to international standards. When appropriate, bail is now legislatively preferred over pre-trial detention. The maximum pre-trial detention period was reduced. Also, confessions given during the pre-trial phase must now be confirmed in court before being admissible as evidence. Despite these reforms, human rights abuses continued during the year. Human rights advocates reported that due to unannounced and random monitoring of police stations, allegations of abuse at such stations substantially decreased. Instead, the number of detainees registered with injuries upon arrival at the stations grew considerably. Further, despite legislative reforms favoring bail as a pre-trial option and a reduction in the maximum period allowed for pre-trial detention, pre-trial detention facilities still remain overcrowded.
Concerns about human rights violations in the prison system continued to be high. Overcrowding, poor nutrition and violence committed by prison gangs were commonplace. According to the Ministry of Justice, 28 persons died in custody in 2004, one death was considered a suicide, one death resulted in a charge of murder against a law enforcement official, and the remaining deaths were attributed to natural causes. Arbitrary arrest and detention remain problems. The International Committee of the Red Cross had full access to detention facilities, including those in Abkhazia; such access included private meetings with detainees and regular visits. International and local human rights groups varied on estimates of how many political prisoners were in the country. In a positive development, corruption in the police department decreased substantially due to the completion of a comprehensive reform that included the dissolution of the corrupt traffic police and the creation of a new patrol force.
Freedom to travel and emigrate is generally respected, as is freedom of the press, although independent media have on occasion been subject to harassment and intimidation by government officials. In 2005 the independent media showed a marked increase in self-censorship on issues relating to the Government. Media in general became significantly less critical of the Government. On some occasions, the president criticized the media for reporting on certain issues and the media responded by ceasing such reports. For both political and economic reasons, few newspapers maintained editorial independence and commercial viability. Newspapers continued to struggle in the regions, due largely to the population's poverty.
In 2005, the status of religious freedom continued to improve. Attacks on religious minorities, including violence, verbal harassment, and disruption of services and meetings, decreased. The Government arrested and sentenced to imprisonment the excommunicated Orthodox priest, Father Basil Mkalavishvili, for his attacks on non-orthodox adherents and their prayer houses, but did not initiate criminal trials against several other instigators of religiously motivated violence. In April, the Government passed a law enabling religious groups to register as legal entities. The Government also passed a law on general education that partly improved regulation of religious freedom in schools. Local harassment, both verbal and physical, of nontraditional minority religions continued. Although police were generally more responsive to the needs of minority religious groups, they failed at times to adequately protect these groups.
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."
While progress has been made toward the observance of international obligations and the Organization for Security and Co-operation in Europe (OSCE) commitments in the area of human rights, the status of Abkhazia and South Ossetia, two separatist regions within Georgian territory, remain unresolved. The United States continues to work bilaterally and with the UN, the OSCE and other nations to encourage all parties to pursue a peaceful resolution of both conflicts in a manner that safeguards both the territorial integrity of Georgia and the rights of ethnic minorities. In November 1999, Georgia joined the other OSCE states in signing the Charter for European Security, which reaffirms full adherence to all OSCE documents already in force.
Section 498A(a)(5): "cooperate in seeking peaceful resolution of ethnic and regional conflicts."
Georgia is committed to negotiating a peaceful settlement to the conflict in Abkhazia, despite Abkhazia's unilateral declaration of independence in November 1994, its adoption of a constitution, its holding of presidential elections in October 1999, 2001 and 2004, and its demand that any settlement grant the region equal status with the Government in Tbilisi. Negotiations under the auspices of the UN remain ongoing. Special Representative of the UN Secretary General (SRSG) Heidi Tagliavini continued to press for a joint declaration of security guarantees. The Georgian Government and representatives of the Abkhaz separatist regime have cooperated with the UN and OSCE, which has two officers in Sukhumi.
Since 1992, an OSCE mission has been working in Georgia to facilitate a political settlement of the South Ossetia dispute. The Georgian Government has fully supported the mandate of the OSCE mission, which includes border monitoring, developing democratic institutions and encouraging respect for human rights throughout Georgia. On October 27, 2005, Georgian Prime Minister Zurab Noghaideli presented a plan for the peaceful resolution of the conflict building on a phased approach presented by President Saakashvili at the 2004 UN General Assembly. The Georgian plan pursues demilitarization, confidence-building measures, and economic development while working toward the resolution of South Ossetia's status within Georgia. All 55 members of the OSCE, including Russia, welcomed this plan at the December 6, 2005 OSCE Ministerial in Ljubljana.
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) nonproliferation of nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and
(D) restraining conventional weapons transfers."
Georgia has acknowledged it is a successor to the former Soviet Union's obligations under the Intermediate and Shorter Range Nuclear Forces Treaty (INF). Although it does not actively participate in the Treaty's Special Verification Commission, Georgia continues to observe the Treaty's obligations.
Georgia ratified the Conventional Armed Forces in Europe Treaty (CFE) in 1992 and the 1996 Flank Agreement in 1997. Thereafter, Georgia participated actively in negotiations to adapt the CFE Treaty, which culminated at the November 1999 OSCE Summit in Istanbul with signature by all 30 CFE states of an agreement on CFE adaptation. Georgia has consistently made clear its commitment to achieving full implementation of the CFE Treaty. Georgia is in full compliance under CFE and has accepted CFE inspections of forces on its territory.
At the 1999 Istanbul Summit, Russia and Georgia agreed to a series of steps that were subsequently incorporated into the Final Act of the Conventional Forces in Europe (CFE) Treaty. In the Joint Statement of the Russian Federation and Georgia (Annex 14 of the Final Act), Russia agreed to reduce by no later than December 2000 its Treaty-Limited Equipment (TLE) located within the territory of Georgia so as not to exceed 153 tanks, 241 armored combat vehicles (ACVs) and 140 artillery systems. Russia met this obligation on time. Russia also agreed to disband two of its bases in Georgia (Gudauta in separatist Abkhazia, and Vaziani near Tbilisi) by July 2001. The Vaziani base withdrawal was completed according to the schedule, and equipment was removed from Gudauta in October 2001. However, the two sides have not yet agreed on the status of the Russian presence at Gudauta. Russia and Georgia achieved a breakthrough on May 30, 2005, with the signing of a Joint Statement on the withdrawal of Russian forces from the bases at Batumi and Akhalkalaki. The Joint Statement also addresses other Russian facilities in Georgia, including Gudauta. The document calls for a staged removal of Russian troops and equipment from Batumi during 2008 and from Akhalkalaki no later than the end of 2007.
Georgia has submitted Confidence- and Security-Building Measures (CSBM) annual data declarations for years 1996 to present and has willingly undergone CSBM inspections and evaluation visits in accordance with the OSCE Vienna Document.
Georgia subscribed to the Hague Code of Conduct Against Ballistic Missile Proliferation in November 2002.
The United States is helping to enhance Georgia's security through the U.S.-Georgian Border Security and Law Enforcement (Border Guards) Program, Foreign Military Financing (FMF), and Bilateral Defense Consultations. Other countries have also provided some military assistance, but the Georgian military remains ill-equipped. The $64 million Georgia Train and Equip Program, which was completed in 2004, sought to accomplish the broader goal of military reform, while enhancing Georgia's capability to secure control of its territory and combat terrorism. The U.S. has begun a new military training program in Georgia aimed at supporting Georgia's efforts to assist in the stabilization of Iraq, where Georgia currently has 850 troops.
We are not aware that Georgia has engaged in the proliferation of any nuclear, biological, or chemical weapons, their delivery systems, or related technology. Georgia acceded to the Nuclear Non-Proliferation Treaty (NPT) as a non-nuclear-weapon state on March 7, 1994. Georgia signed its NPT safeguards agreement, as well as the Additional Protocol, with the International Atomic Energy Agency on September 29, 1997, both of which entered into force on June 3, 2003. Georgia is a state party to both the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC) and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on Their Destruction (BWC), which call respectively for the elimination of chemical, bacteriological and toxic weapons and prohibit their development, production, and stockpiling. Georgia provided its annual voluntary BWC-related CBM Data Declaration only once in 2000.
We do not believe that Georgia has engaged in significant transfers of conventional weapons. In addition to contacts with other western governments, Georgia has closely engaged with the United States on cooperative efforts to establish an effective export control system and works with the United States closely under the Cooperative Threat Reduction program. Georgia, as a member of both the International Science and Technology Center (ISTC) and the Science and Technology Center in Ukraine (STCU), participates in cooperative civilian research projects involving former weapons scientists. The Department of State's Bio-Chem Redirect, BioIndustry Initiative, and Science Centers programs as well as the Department of Energy work through these science centers in cooperation with Georgia to advance mutual nonproliferation goals. In 1999 Georgia adopted a new law on export controls and recently reorganized its export control structure, placing the Ministry of Economics and Trade as the lead agency. The only control list in use is that of the CIS, but Georgia committed during the 1999 Caucasus and Central Asia Regional export Control Forum to adopt the EU Unified Control List.
Section 498A(a)(7): "take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources."
Georgia faces an array of environmental problems ranging from air and water pollution to deterioration of soils as a result of inefficient agricultural practices. Deforestation and the illegal export of timber remain serious problems.
The Government has taken some steps to put in place public policy mechanisms to address environmental issues, including the establishment of a ministry of environment. National environmental NGOs continue to gain access to the policy-making process on environmental issues. Georgian interest in regional cooperation on environmental issues also continues, but effective coordination and information sharing on transborder issues is progressing slowly. The Government is committed to meeting its requirements in environmental monitoring and evaluation capabilities as outlined in the Host Government Agreements for the Baku-Tbilisi-Ceyhan oil pipeline and the Shah Deniz gas pipeline. Evidence of the priority placed on the environment is exhibited by the resolution in November 2002 of concerns expressed by the Georgian Government and environmental NGOs over the environmental impact of the chosen pipeline route for BTC. The United States and the European Union are supporting and co-financing the Regional Environmental Center (REC) co-founded by Georgia, Armenia, and Azerbaijan, and located in Tbilisi. REC is an 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. The World Bank has also undertaken a program, administered in cooperation with the National Park Service of the U.S. Department of the Interior, to help Georgia protect habitats, promote biological diversity and environmental protection, and develop management of park and natural areas.
In addition, Georgian Finance Minister Alexi Alexishvili has placed Georgia on the global stage on sustainable development issues by serving as Chairman of the 14th Session of the UN Commission on Sustainable Development (CSD). In this capacity, Minister Alexishvili is responsible for bolstering international action to increase access to modern, clean, healthy, and efficient energy services, particularly for the more than 2 billion people worldwide who currently lack modern energy services.
Section 498A(a)(8): "deny support for acts of international terrorism."
The Government of Georgia does not officially grant sanctuary from prosecution to individuals or groups that have committed acts of international terrorism or otherwise support international terrorism.
Since 1999, Russia has charged Georgia with allowing Islamic fundamentalists who provide support to the Chechen insurgents to use Georgia as a staging area and transit point for fighters and materiel. Georgia has made efforts to close its border with Chechnya to fighters and those who wish to smuggle money, weapons and supplies to them, but has been hindered by lack of resources and internal corruption. In 2005, Georgian internal troops continued to carry out operations to rid the Pankisi Gorge of terrorists. The U.S. provided USD 17 million in FY 2004 to enhance Georgia's ability to control its borders. Georgia is a party to nine international counterterrorism conventions. Georgia has not yet signed the recently adopted International Convention for the Suppression of Acts of Nuclear 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 nine other Soviet republics, including Georgia, 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, including Georgia, 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. The December 1991 agreement provided that Georgia's share of the FSU debt would be 1.62 percent.
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. On September 14, 1993, Georgia signed a "double-zero option" agreement with Russia under which Russia agreed to assume Georgia's share of the foreign debt of the FSU in exchange for Georgia's share of the FSU's external assets.
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 that was established in March 1992. The Commission visited Georgia in May 1996 and met with President Shevardnadze and other high level officials who promised cooperation.
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 have no evidence from which to conclude that the Government of Georgia 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
GEORGIA
Section 498A(b)(1): Has the President determined that the Government of Georgia 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 continue to be serious shortcomings in a number of areas. 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 Georgia "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. While there were minor flaws in its implementation record in the first years after independence, Georgia has been a constructive and responsible participant in arms control undertakings.
Section 498A(b)(3): Has the President determined that, after October 24, 1992, the Government of Georgia "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 Georgia "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 Georgia "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 Georgia 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 Georgia is providing assistance for, or engaging in non-market-based trade with, the Cuban Government.
