[108th Congress Public Law 61]
[From the U.S. Government Printing Office]

[DOCID: f:publ061.108]

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Public Law 108-61
108th Congress

                                 An Act

  To sanction the ruling Burmese military junta, to strengthen Burma's 
   democratic forces and support and recognize the National League of 
 Democracy as the legitimate representative of the Burmese people, and 
       for other purposes. <<NOTE: July 28, 2003 -  [H.R. 2330]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Burmese Freedom and 
Democracy Act of2003. Foreign relations.>> assembled,

SECTION 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.

    This Act may be cited as the ``Burmese Freedom and Democracy Act of 

SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.

    Congress makes the following findings:
            (1) The State Peace and Development Council (SPDC) has 
        failed to transfer power to the National League for Democracy 
        (NLD) whose parliamentarians won an overwhelming victory in the 
        1990 elections in Burma.
            (2) The SPDC has failed to enter into meaningful, political 
        dialogue with the NLD and ethnic minorities and has dismissed 
        the efforts of United Nations Special Envoy Razali bin Ismail to 
        further such dialogue.
            (3) According to the State Department's ``Report to the 
        Congress Regarding Conditions in Burma and U.S. Policy Toward 
        Burma'' dated March 28, 2003, the SPDC has become ``more 
        confrontational'' in its exchanges with the NLD.
            (4) <<NOTE: Aung San Suu Kyi.>> On May 30, 2003, the SPDC, 
        threatened by continued support for the NLD throughout Burma, 
        brutally attacked NLD supporters, killed and injured scores of 
        civilians, and arrested democracy advocate Aung San Suu Kyi and 
        other activists.
            (5) The SPDC continues egregious human rights violations 
        against Burmese citizens, uses rape as a weapon of intimidation 
        and torture against women, and forcibly conscripts child-
        soldiers for the use in fighting indigenous ethnic groups.
            (6) The SPDC is engaged in ethnic cleansing against 
        minorities within Burma, including the Karen, Karenni, and Shan 
        people, which constitutes a crime against humanity and has 
        directly led to more than 600,000 internally displaced people 
        living within Burma and more than 130,000 people from Burma 
        living in refugee camps along the Thai-Burma border.
            (7) The ethnic cleansing campaign of the SPDC is in sharp 
        contrast to the traditional peaceful coexistence in Burma of 
        Buddhists, Muslims, Christians, and people of traditional 

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            (8) The SPDC has demonstrably failed to cooperate with the 
        United States in stopping the flood of heroin and 
        methamphetamines being grown, refined, manufactured, and 
        transported in areas under the control of the SPDC serving to 
        flood the region and much of the world with these illicit drugs.
            (9) The SPDC provides safety, security, and engages in 
        business dealings with narcotics traffickers under indictment by 
        United States authorities, and other producers and traffickers 
        of narcotics.
            (10) The International Labor Organization (ILO), for the 
        first time in its 82-year history, adopted in 2000, a resolution 
        recommending that governments, employers, and workers 
        organizations take appropriate measures to ensure that their 
        relations with the SPDC do not abet the government-sponsored 
        system of forced, compulsory, or slave labor in Burma, and that 
        other international bodies reconsider any cooperation they may 
        be engaged in with Burma and, if appropriate, cease as soon as 
        possible any activity that could abet the practice of forced, 
        compulsory, or slave labor.
            (11) The SPDC has integrated the Burmese military and its 
        surrogates into all facets of the economy effectively destroying 
        any free enterprise system.
            (12) Investment in Burmese companies and purchases from them 
        serve to provide the SPDC with currency that is used to finance 
        its instruments of terror and repression against the Burmese 
            (13) On April 15, 2003, the American Apparel and Footwear 
        Association expressed its ``strong support for a full and 
        immediate ban on U.S. textiles, apparel and footwear imports 
        from Burma'' and called upon the United States Government to 
        ``impose an outright ban on U.S. imports'' of these items until 
        Burma demonstrates respect for basic human and labor rights of 
        its citizens.
            (14) The policy of the United States, as articulated by the 
        President on April 24, 2003, is to officially recognize the NLD 
        as the legitimate representative of the Burmese people as 
        determined by the 1990 election.
            (15) The United States must work closely with other nations, 
        including Thailand, a close ally of the United States, to 
        highlight attention to the SPDC's systematic abuses of human 
        rights in Burma, to ensure that nongovernmental organizations 
        promoting human rights and political freedom in Burma are 
        allowed to operate freely and without harassment, and to craft a 
        multilateral sanctions regime against Burma in order to pressure 
        the SPDC to meet the conditions identified in section 3(a)(3) of 
        this Act.


    (a) General Ban.--
            (1) In <<NOTE: Effective date. President.>> general.--
        Notwithstanding any other provision of law, until such time as 
        the President determines and certifies to Congress that Burma 
        has met the conditions described in paragraph (3), beginning 30 
        days after the date of the enactment of this Act, the President 
        shall ban the importation of any article that is a product of 

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            (2) Ban <<NOTE: Applicability.>> on imports from certain 
        companies.--The import restrictions contained in paragraph (1) 
        shall apply to, among other entities--
                    (A) the SPDC, any ministry of the SPDC, a member of 
                the SPDC or an immediate family member of such member;
                    (B) known narcotics traffickers from Burma or an 
                immediate family member of such narcotics trafficker;
                    (C) the Union of Myanmar Economics Holdings 
                Incorporated (UMEHI) or any company in which the UMEHI 
                has a fiduciary interest;
                    (D) the Myanmar Economic Corporation (MEC) or any 
                company in which the MEC has a fiduciary interest;
                    (E) the Union Solidarity and Development Association 
                (USDA); and
                    (F) any successor entity for the SPDC, UMEHI, MEC, 
                or USDA.
            (3) Conditions described.--The conditions described in this 
        paragraph are the following:
                    (A) The SPDC has made substantial and measurable 
                progress to end violations of internationally recognized 
                human rights including rape, and the Secretary of State, 
                after consultation with the ILO Secretary General and 
                relevant nongovernmental organizations, reports to the 
                appropriate congressional committees that the SPDC no 
                longer systematically violates workers rights, including 
                the use of forced and child labor, and conscription of 
                    (B) The SPDC has made measurable and substantial 
                progress toward implementing a democratic government 
                          (i) releasing all political prisoners;
                          (ii) allowing freedom of speech and the press;
                          (iii) allowing freedom of association;
                          (iv) permitting the peaceful exercise of 
                      religion; and
                          (v) bringing to a conclusion an agreement 
                      between the SPDC and the democratic forces led by 
                      the NLD and Burma's ethnic nationalities on the 
                      transfer of power to a civilian government 
                      accountable to the Burmese people through 
                      democratic elections under the rule of law.
                    (C) Pursuant to section 706(2) of the Foreign 
                Relations Authorization Act, Fiscal Year 2003 (Public 
                Law 107-228), Burma has not been designated as a country 
                that has failed demonstrably to make substantial efforts 
                to adhere to its obligations under international 
                counternarcotics agreements and to take other effective 
                counternarcotics measures, including, but not limited to 
                (i) the arrest and extradition of all individuals under 
                indictment in the United States for narcotics 
                trafficking, (ii) concrete and measurable actions to 
                stem the flow of illicit drug money into Burma's banking 
                system and economic enterprises, and (iii) actions to 
                stop the manufacture and export of methamphetamines.
            (4) Appropriate congressional committees.--In this 
        subsection, the term ``appropriate congressional committees''

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        means the Committees on Foreign Relations and Appropriations of 
        the Senate and the Committees on International Relations and 
        Appropriations of the House of Representatives.

    (b) Waiver Authorities.--The President may waive the prohibitions 
described in this section for any or all articles that are a product of 
Burma if the President determines and notifies the Committees on 
Appropriations, Finance, and Foreign Relations of the Senate and the 
Committees on Appropriations, International Relations, and Ways and 
Means of the House of Representatives that to do so is in the national 
interest of the United States.


Reporting <<NOTE: Deadline. President. Regulations.>> Requirement.--Not 
later than 60 days after the date of enactment of this Act, the 
President shall take such action as is necessary to direct, and 
promulgate regulations to the same, that any United States financial 
institution holding funds belonging to the SPDC or the assets of those 
individuals who hold senior positions in the SPDC or its political arm, 
the Union Solidarity Development Association, shall promptly report 
those funds or assets to the Office of Foreign Assets Control.

    (b) Additional Authority.--The President may take such action as may 
be necessary to impose a sanctions regime to freeze such funds or 
assets, subject to such terms and conditions as the President determines 
to be appropriate.
    (c) Delegation.--The President may delegate the duties and 
authorities under this section to such Federal officers or other 
officials as the President deems appropriate.


    The Secretary of the Treasury shall instruct the United States 
executive director to each appropriate international financial 
institution in which the United States participates, to oppose, and vote 
against the extension by such institution of any loan or financial or 
technical assistance to Burma until such time as the conditions 
described in section 3(a)(3) are met.

SEC. 6. <<NOTE: 50 USC 1701 note.>> EXPANSION OF VISA BAN.

    (a) In General.--
            (1) Visa ban.--The President is authorized to deny visas and 
        entry to the former and present leadership of the SPDC or the 
        Union Solidarity Development Association.
            (2) Updates.--The Secretary of State shall coordinate on a 
        biannual basis with representatives of the European Union to 
        allow officials of the United States and the European Union to 
        ensure a high degree of coordination of lists of individuals 
        banned from obtaining a visa by the European Union for the 
        reason described in paragraph (1) and those banned from 
        receiving a visa from the United States.

    (b) Publication.--The <<NOTE: Internet.>> Secretary of State shall 
post on the Department of State's website the names of individuals whose 
entry into the United States is banned under subsection (a).


    Congress encourages the Secretary of State to highlight the abysmal 
record of the SPDC to the international community and use all 
appropriate fora, including the Association of Southeast

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Asian Nations Regional Forum and Asian Nations Regional Forum, to 
encourage other states to restrict financial resources to the SPDC and 
Burmese companies while offering political recognition and support to 
Burma's democratic movement including the National League for Democracy 
and Burma's ethnic groups.


    (a) In General.--The President is authorized to use all available 
resources to assist Burmese democracy activists dedicated to nonviolent 
opposition to the regime in their efforts to promote freedom, democracy, 
and human rights in Burma, including a listing of constraints on such 
    (b) <<NOTE: Deadlines.>> Reports.--
            (1) First report.--Not later than 3 months after the date of 
        enactment of this Act, the Secretary of State shall provide the 
        Committees on Appropriations and Foreign Relations of the Senate 
        and the Committees on Appropriations and International Relations 
        of the House of Representatives a comprehensive report on its 
        short- and long-term programs and activities to support 
        democracy activists in Burma, including a list of constraints on 
        such programming.
            (2) Report on resources.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary of State shall 
        provide the Committees on Appropriations and Foreign Relations 
        of the Senate and the Committees on Appropriations and 
        International Relations of the House of Representatives a report 
        identifying resources that will be necessary for the 
        reconstruction of Burma, after the SPDC is removed from power, 
                    (A) the formation of democratic institutions;
                    (B) establishing the rule of law;
                    (C) establishing freedom of the press;
                    (D) providing for the successful reintegration of 
                military officers and personnel into Burmese society; 
                    (E) providing health, educational, and economic 
            (3) Report on trade sanctions.--Not later than 90 days 
        before the date on which the import restrictions contained in 
        section 3(a)(1) are to expire, the Secretary of State, in 
        consultation with the United States Trade Representative and the 
        heads of appropriate agencies, shall submit to the Committees on 
        Appropriations, Finance, and Foreign Relations of the Senate, 
        and the Committees on Appropriations, International Relations, 
        and Ways and Means of the House of Representatives, a report 
                    (A) bilateral and multilateral measures undertaken 
                by the United States Government and other governments to 
                promote human rights and democracy in Burma;
                    (B) the extent to which actions related to trade 
                with Burma taken pursuant to this Act have been 
                effective in--
                          (i) improving conditions in Burma, including 
                      human rights violations, arrest and detention of 
                      democracy activists, forced and child labor, and 
                      the status of dialogue between the SPDC and the 
                      NLD and ethnic minorities;

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                          (ii) furthering the policy objections of the 
                      United States toward Burma; and
                    (C) the impact of actions relating to trade take 
                pursuant to this Act on other national security, 
                economic, and foreign policy interests of the United 
                States, including relations with countries friendly to 
                the United States.

SEC. 9. <<NOTE: 50 USC 1701 note.>> DURATION OF SANCTIONS.

    (a) Termination by Request From Democratic Burma.--The President may 
terminate any provision in this Act upon the request of a democratically 
elected government in Burma, provided that all the conditions in section 
3(a)(3) have been met.
    (b) Continuation of Import Sanctions.--
            (1) Expiration.--The import restrictions contained in 
        section 3(a)(1) shall expire 1 year from the date of enactment 
        of this Act unless renewed under paragraph (2) of this section.
            (2) Resolution by congress.--The import restrictions 
        contained in section 3(a)(1) may be renewed annually for a 1-
        year period if, prior to the anniversary of the date of 
        enactment of this Act, and each year thereafter, a renewal 
        resolution is enacted into law in accordance with subsection 
            (3) Limitation.--The import restrictions contained in 
        section 3(a)(1) may be renewed for a maximum of three years from 
        the date of the enactment of this Act.

    (c) Renewal Resolutions.--
            (1) In general.--For purposes of this section, the term 
        ``renewal resolution'' means a joint resolution of the 2 Houses 
        of Congress, the sole matter after the resolving clause of which 
        is as follows: ``That Congress approves the renewal of the 
        import restrictions contained in section 3(a)(1) of the Burmese 
        Freedom and Democracy Act of 2003.''.
            (2) <<NOTE: Applicability.>> Procedures.--
                    (A) In general.--A renewal resolution--
                          (i) may be introduced in either House of 
                      Congress by any member of such House at any time 
                      within the 90-day period before the expiration of 
                      the import restrictions contained in section 
                      3(a)(1); and
                          (ii) the provisions of subparagraph (B) shall 
                    (B) Expedited consideration.--The provisions of 
                section 152(b), (c), (d), (e), and (f) of the Trade Act 
                of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) 
                apply to a renewal resolution under this Act as if such 
                resolution were a

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                resolution described in section 152(a) of the Trade Act 
                of 1974.

    Approved July 28, 2003.


HOUSE REPORTS: No. 108-159, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary).
            July 14, 15, considered and passed House.
            July 16, considered and passed Senate.
            July 28, Presidential statement.