Nondemocratic Country or Democratic Transition Country Law and Legal Definition
Pursuant to 22 USCS § 8203 (6), [Title 22. Foreign Relations and Intercourse Chapter 89. Advancing Democratic Values], the term nondemocratic country or democratic transition country shall include “any country which is not governed by a fully functioning democratic form of government, as determined by the Secretary, taking into account the general consensus regarding the status of civil and political rights in a country by major nongovernmental organizations that conduct assessments of such conditions in countries and whether the country exhibits the following characteristics:
(A) All citizens of such country have the right to, and are not restricted in practice from, fully and freely participating in the political life of such country.
(B) The national legislative body of such country and, if directly elected, the head of government of such country, are chosen by free, fair, open, and periodic elections, by universal and equal suffrage, and by secret ballot.
(C) More than one political party in such country has candidates who seek elected office at the national level and such parties are not restricted in their political activities or their process for selecting such candidates, except for reasonable administrative requirements commonly applied in countries categorized as fully democratic.
(D) All citizens in such country have a right to, and are not restricted in practice from, fully exercising such fundamental freedoms as the freedom of expression, conscience, and peaceful assembly and association, and such country has a free, independent, and pluralistic media.
(E) The current government of such country did not come to power in a manner contrary to the rule of law.
(F) Such country possesses an independent judiciary and the government of such country generally respects the rule of law.
(G) Such country does not violate other core principles enshrined in the United Nations Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, United Nations Commission on Human Rights Resolution 1499/57 (entitled "Promotion of the Right to Democracy"), and the United Nations General Assembly Resolution 55/96 (entitled "Promoting and consolidating democracy").
(H) As applicable, whether the country has scored favorably on the political, civil liberties, corruption, and rule of law indicators used to determine eligibility for financial assistance disbursed from the Millennium Challenge Account.”
