[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2330 Engrossed in House (EH)]
108th CONGRESS
1st Session
H. R. 2330
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burmese Freedom and Democracy Act of
2003''.
SEC. 2. 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) 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
beliefs.
(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 people.
(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.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) General Ban.--
(1) In 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 Burma.
(2) Ban 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 child-soldiers.
(B) The SPDC has made measurable and substantial
progress toward implementing a democratic government
including--
(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''
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.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
(a) Reporting 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.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
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. 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 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).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
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 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.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(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 programming.
(b) 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,
including--
(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;
and
(E) providing health, educational, and economic
development.
(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 on--
(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;
(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. 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
(c).
(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) 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 apply.
(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 resolution described in section
152(a) of the Trade Act of 1974.
Passed the House of Representatives July 15, 2003.
Attest:
Clerk.
108th CONGRESS
1st Session
H. R. 2330
_______________________________________________________________________
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.