Section 907 of the Freedom Support Act
Position Paper June 2002
Background
The U.S. Congress adopted section 907 of the Freedom
Support Act in 1992 in response to Azerbaijan's blockade of Nagorno
Karabakh and Armenia. Both bodies of Congress have repeatedly affirmed
the need for Section 907, which states "United States Assistance
under this or any other act (other than assistance under Title V of
this act) may not be provided to the government of Azerbaijan until
the President determines, and so reports to Congress, that the government
of Azerbaijan is taking demonstrable steps to cease all blockades and
other offensive uses of force against Armenia and Nagorno Karabakh."
Over the course of the last decade, Section 907 emerged
as an integral component of the delicate balance of power in the South
Caucasus region, effectively checking Azerbaijan's frequent and publicly
stated intentions to renew military actions against both Armenia and
Nagorno Karabakh.
As a staunch opponent of international terrorism,
the government of the Nagorno Karabakh Republic supports the U.S.-led
war on terrorism and thus recognizes the current need for flexibility
regarding Section 907 of the Freedom Support Act. The need to provide
military assistance to Azerbaijan was identified by U.S. Secretary of
State Colin Powell in a letter to Members of Congress noting that expanded
Presidential waiver authority of Section 907 would enable "Azerbaijan
to counter terrorist organizations and elements within its borders."
However, the Nagorno Karabakh government is concerned
about the failure to include a specific prohibition in the Section 907
waiver on Azerbaijan's use of U.S. military aid against Nagorno Karabakh.
While the waiver language does prohibit the use of this aid against
Armenia proper, the absence of similar protection for Nagorno Karabakh
suggests to Baku that the U.S. is retreating from its historic defense
of Nagorno Karabakh against renewed Azerbaijani aggression.
The government of the Nagorno Karabakh Republic expects
that U.S. assistance to Azerbaijan, provided under this waiver, will
be directed at eliminating Islamic armed radical forces operating in
Azerbaijan and constituting a threat to the security and stability of
the South Caucasus. The Azerbaijani government recruited and gave them
its carte blanche. These forces were used extensively by Azerbaijan
in the 1991-1994 war against Nagorno Karabakh.
Position
The United States and the international community
should hold Azerbaijan accountable for its blockades of Nagorno Karabakh
and Armenia, in that they are actions equivalent to a declaration of
war.
Section 907 should remain in place as long as Azerbaijan
continues its ongoing and illegal blockade of Nagorno Karabakh and Armenia.
The government of Nagorno Karabakh recognizes the need for the current
waiver to Section 907 as it relates to the global war against terrorism.
However, given Azerbaijan's continued blockade and bellicose statements,
we urge Congress to ensure that any assistance provided to Azerbaijan
as a result of the waiver is not abused or used against Nagorno Karabakh
or Armenia.
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