[110th Congress Public Law 286]
[From the U.S. Government Printing Office]
[DOCID: f:publ286.110]
[[Page 2631]]
TOM LANTOS BLOCK BURMESE JADE (JUNTA'S ANTI-DEMOCRATIC EFFORTS) ACT OF
2008
[[Page 122 STAT. 2632]]
Public Law 110-286
110th Congress
An Act
To impose sanctions on officials of the State Peace and Development
Council in Burma, to amend the Burmese Freedom and Democracy Act of 2003
to exempt humanitarian assistance from United States sanctions on Burma,
to prohibit the importation of gemstones from Burma, or that originate
in Burma, to promote a coordinated international effort to restore
civilian democratic rule to Burma, and for other purposes. <<NOTE: July
29, 2008 - [H.R. 3890]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Tom Lantos Block
Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008. Human
rights. Political prisoners.>>
SECTION 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.
This Act may be cited as the ``Tom Lantos Block Burmese JADE
(Junta's Anti-Democratic Efforts) Act of 2008''.
SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.
Congress makes the following findings:
(1) Beginning on August 19, 2007, hundreds of thousands of
citizens of Burma, including thousands of Buddhist monks and
students, participated in peaceful demonstrations against
rapidly deteriorating living conditions and the violent and
repressive policies of the State Peace and Development Council
(SPDC), the ruling military regime in Burma--
(A) <<NOTE: Aung San Suu Kyi.>> to demand the
release of all political prisoners, including 1991 Nobel
Peace Prize winner Aung San Suu Kyi; and
(B) to urge the regime to engage in meaningful
dialogue to pursue national reconciliation.
(2) The Burmese regime responded to these peaceful protests
with a violent crackdown leading to the reported killing of
approximately 200 people, including a Japanese photojournalist,
and hundreds of injuries. Human rights groups further estimate
that over 2,000 individuals have been detained, arrested,
imprisoned, beaten, tortured, or otherwise intimidated as part
of this crackdown. Burmese military, police, and their
affiliates in the Union Solidarity Development Association
(USDA) perpetrated almost all of these abuses. The Burmese
regime continues to detain, torture, and otherwise intimidate
those individuals whom it believes participated in or led the
protests and it has closed down or otherwise limited access to
several monasteries and temples that played key roles in the
peaceful protests.
(3) The Department of State's 2006 Country Reports on Human
Rights Practices found that the SPDC--
(A) routinely restricts freedoms of speech, press,
assembly, association, religion, and movement;
[[Page 122 STAT. 2633]]
(B) traffics in persons;
(C) discriminates against women and ethnic
minorities;
(D) forcibly recruits child soldiers and child
labor; and
(E) commits other serious violations of human
rights, including extrajudicial killings, custodial
deaths, disappearances, rape, torture, abuse of
prisoners and detainees, and the imprisonment of
citizens arbitrarily for political motives.
(4) Aung San Suu Kyi has been arbitrarily imprisoned or held
under house arrest for more than 12 years.
(5) In October 2007, President Bush announced a new
Executive Order to tighten economic sanctions against Burma and
block property and travel to the United States by certain senior
leaders of the SPDC, individuals who provide financial backing
for the SPDC, and individuals responsible for human rights
violations and impeding democracy in Burma. Additional names
were added in updates done on October 19, 2007, and February 5,
2008. However, only 38 discrete individuals and 13 discrete
companies have been designated under those sanctions, once
aliases and companies with similar names were removed. By
contrast, the Australian Government identified more than 400
individuals and entities subject to its sanctions applied in the
wake of the 2007 violence. The European Union's regulations to
implement sanctions against Burma have identified more than 400
individuals among the leadership of government, the military,
and the USDA, along with nearly 1300 state and military-run
companies potentially subject to its sanctions.
(6) The Burmese regime and its supporters finance their
ongoing violations of human rights, undemocratic policies, and
military activities in part through financial transactions,
travel, and trade involving the United States, including the
sale of petroleum products, gemstones and hardwoods.
(7) In 2006, the Burmese regime earned more than $500
million from oil and gas projects, over $500 million from sale
of hardwoods, and in excess of $300 million from the sale of
rubies and jade. At least $500 million of the $2.16 billion
earned in 2006 from Burma's two natural gas pipelines, one of
which is 28 percent owned by a United States company, went to
the Burmese regime. The regime has earned smaller amounts from
oil and gas exploration and non-operational pipelines but United
States investors are not involved in those transactions.
Industry sources estimate that over $100 million annually in
Burmese rubies and jade enters the United States. Burma's
official statistics report that Burma exported $500 million in
hardwoods in 2006 but NGOs estimate the true figure to exceed
$900 million. Reliable statistics on the amount of hardwoods
imported into the United States from Burma in the form of
finished products are not available, in part due to widespread
illegal logging and smuggling.
(8) The SPDC seeks to evade the sanctions imposed in the
Burmese Freedom and Democracy Act of 2003. Millions of dollars
in gemstones that are exported from Burma ultimately enter the
United States, but the Burmese regime attempts to conceal the
origin of the gemstones in an effort to evade sanctions. For
example, according to gem industry experts, over 90 percent of
the world's ruby supply originates
[[Page 122 STAT. 2634]]
in Burma but only 3 percent of the rubies entering the United
States are claimed to be of Burmese origin. The value of Burmese
gemstones is predominantly based on their original quality and
geological origin, rather than the labor involved in cutting and
polishing the gemstones.
(9) According to hardwood industry experts, Burma is home to
approximately 60 percent of the world's native teak reserves.
More than \1/4\ of the world's internationally traded teak
originates from Burma, and hardwood sales, mainly of teak,
represent more than 11 percent of Burma's official foreign
exchange earnings.
(10) The SPDC owns a majority stake in virtually all
enterprises responsible for the extraction and trade of Burmese
natural resources, including all mining operations, the Myanmar
Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar
Pearl Enterprise, and the Myanmar Oil and Gas Enterprise.
Virtually all profits from these enterprises enrich the SPDC.
(11) On October 11, 2007, the United Nations Security
Council, with the consent of the People's Republic of China,
issued a statement condemning the violence in Burma, urging the
release of all political prisoners, and calling on the SPDC to
enter into a United Nations-mediated dialogue with its political
opposition.
(12) <<NOTE: Ibrahim Gambari. Than Shwe.>> The United
Nations special envoy Ibrahim Gambari traveled to Burma from
September 29, 2007, through October 2, 2007, holding meetings
with SPDC leader General Than Shwe and democracy advocate Aung
San Suu Kyi in an effort to promote dialogue between the SPDC
and democracy advocates.
(13) The leaders of the SPDC will have a greater incentive
to cooperate with diplomatic efforts by the United Nations, the
Association of Southeast Asian Nations, and the People's
Republic of China if they come under targeted economic pressure
that denies them access to personal wealth and sources of
revenue.
(14) On the night of May 2, 2008, through the morning of May
3, 2008, tropical cyclone Nargis struck the coast of Burma,
resulting in the deaths of tens of thousands of Burmese.
(15) The response to the cyclone by Burma's military leaders
illustrates their fundamental lack of concern for the welfare of
the Burmese people. The regime did little to warn citizens of
the cyclone, did not provide adequate humanitarian assistance to
address basic needs and prevent loss of life, and continues to
fail to provide life-protecting and life-sustaining services to
its people.
(16) The international community responded immediately to
the cyclone and attempted to provide humanitarian assistance.
More than 30 disaster assessment teams from 18 different nations
and the United Nations arrived in the region, but the Burmese
regime denied them permission to enter the country. Eventually
visas were granted to aid workers, but the regime continues to
severely limit their ability to provide assistance in the
affected areas.
(17) Despite the devastation caused by Cyclone Nargis, the
junta went ahead with its referendum on a constitution drafted
by an illegitimate assembly, conducting voting in
[[Page 122 STAT. 2635]]
unaffected areas on May 10, 2008, and in portions of the
affected Irrawaddy region and Rangoon on May 26, 2008.
SEC. 3. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.
In this Act:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given the terms in
section 5318A(e)(1) of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Ways and Means of the House of
Representatives.
(3) ASEAN.--The term ``ASEAN'' means the Association of
Southeast Asian Nations.
(4) Person.--The term ``person'' means--
(A) an individual, corporation, company, business
association, partnership, society, trust, any other
nongovernmental entity, organization, or group; and
(B) any successor, subunit, or subsidiary of any
person described in subparagraph (A).
(5) SPDC.--The term ``SPDC'' means the State Peace and
Development Council, the ruling military regime in Burma.
(6) United states person.--The term ``United States person''
means any United States citizen, permanent resident alien,
juridical person organized under the laws of the United States
(including foreign branches), or any person in the United
States.
SEC. 4. <<NOTE: 50 USC 1701 note.>> STATEMENT OF POLICY.
It is the policy of the United States to--
(1) condemn the continued repression carried out by the
SPDC;
(2) work with the international community, especially the
People's Republic of China, India, Thailand, and ASEAN, to
foster support for the legitimate democratic aspirations of the
people of Burma and to coordinate efforts to impose sanctions on
those directly responsible for human rights abuses in Burma;
(3) provide all appropriate support and assistance to aid a
peaceful transition to constitutional democracy in Burma;
(4) support international efforts to alleviate the suffering
of Burmese refugees and address the urgent humanitarian needs of
the Burmese people; and
(5) identify individuals responsible for the repression of
peaceful political activity in Burma and hold them accountable
for their actions.
SEC. 5. <<NOTE: 50 USC 1701 note.>> SANCTIONS.
(a) Visa Ban.--
(1) In general.--The following persons shall be ineligible
for a visa to travel to the United States:
(A) Former and present leaders of the SPDC, the
Burmese military, or the USDA.
[[Page 122 STAT. 2636]]
(B) Officials of the SPDC, the Burmese military, or
the USDA involved in the repression of peaceful
political activity or in other gross violations of human
rights in Burma or in the commission of other human
rights abuses, including any current or former officials
of the security services and judicial institutions of
the SPDC.
(C) Any other Burmese persons who provide
substantial economic and political support for the SPDC,
the Burmese military, or the USDA.
(D) The immediate family members of any person
described in subparagraphs (A) through (C).
(2) Waiver.--The President may waive the visa ban described
in paragraph (1) only if the President determines and certifies
in writing to Congress that travel by the person seeking such a
waiver is in the national interests of the United States.
(3) Rule of construction.--Nothing in this subsection shall
be construed to conflict with the provisions of section 694 of
the Consolidated Appropriations Act, 2008 (Public Law 110-161),
nor shall this subsection be construed to make ineligible for a
visa members of ethnic groups in Burma now or previously opposed
to the regime who were forced to provide labor or other support
to the Burmese military and who are otherwise eligible for
admission into the United States.
(b) Financial Sanctions.--
(1) Blocked property.--No property or interest in property
belonging to a person described in subsection (a)(1) may be
transferred, paid, exported, withdrawn, or otherwise dealt with
if--
(A) the property is located in the United States or
within the possession or control of a United States
person, including the overseas branch of a United States
person; or
(B) the property comes into the possession or
control of a United States person after the date of the
enactment of this Act.
(2) Financial transactions.--Except with respect to
transactions authorized under Executive Orders 13047 (May 20,
1997) and 13310 (July 28, 2003), no United States person may
engage in a financial transaction with the SPDC or with a person
described in subsection (a)(1).
(3) Prohibited activities.--Activities prohibited by reason
of the blocking of property and financial transactions under
this subsection shall include the following:
(A) Payments or transfers of any property, or any
transactions involving the transfer of anything of
economic value by any United States person, including
any United States financial institution and any branch
or office of such financial institution that is located
outside the United States, to the SPDC or to an
individual described in subsection (a)(1).
(B) The export or reexport directly or indirectly,
of any goods, technology, or services by a United States
person to the SPDC, to an individual described in
subsection (a)(1) or to any entity owned, controlled, or
operated by the SPDC or by an individual described in
such subsection.
(c) Authority for Additional Banking Sanctions.--
[[Page 122 STAT. 2637]]
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney General
of the United States, and the Chairman of the Board of Governors
of the Federal Reserve System, may prohibit or impose conditions
on the opening or maintaining in the United States of a
correspondent account or payable-through account by any
financial institution (as that term is defined in section 5312
of title 31, United States Code) or financial agency that is
organized under the laws of a State, territory, or possession of
the United States, for or on behalf of a foreign banking
institution, if the Secretary determines that the account might
be used--
(A) by a foreign banking institution that holds
property or an interest in property belonging to the
SPDC or a person described in subsection (a)(1); or
(B) to conduct a transaction on behalf of the SPDC
or a person described in subsection (a)(1).
(2) Authority to define terms.--The Secretary of the
Treasury may, by regulation, further define the terms used in
paragraph (1) for purposes of this section, as the Secretary
considers appropriate.
(d) List of Sanctioned Officials.--
(1) In general.--Not <<NOTE: Deadline. President.>> later
than 120 days after the date of the enactment of this Act, the
President shall transmit to the appropriate congressional
committees a list of--
(A) former and present leaders of the SPDC, the
Burmese military, and the USDA;
(B) officials of the SPDC, the Burmese military, or
the USDA involved in the repression of peaceful
political activity in Burma or in the commission of
other human rights abuses, including any current or
former officials of the security services and judicial
institutions of the SPDC;
(C) any other Burmese persons or entities who
provide substantial economic and political support for
the SPDC, the Burmese military, or the USDA; and
(D) the immediate family members of any person
described in subparagraphs (A) through (C) whom the
President determines effectively controls property in
the United States or has benefitted from a financial
transaction with any United States person.
(2) Consideration of other data.--In preparing the list
required under paragraph (1), the President shall consider the
data already obtained by other countries and entities that apply
sanctions against Burma, such as the Australian Government and
the European Union.
(3) Updates.--The <<NOTE: President.>> President shall
transmit to the appropriate congressional committees updated
lists of the persons described in paragraph (1) as new
information becomes available.
(4) Identification of information.--The Secretary of State
and the Secretary of the Treasury shall devote sufficient
resources to the identification of information concerning
potential persons to be sanctioned to carry out the purposes
described in this Act.
[[Page 122 STAT. 2638]]
(e) Rule of Construction.--Nothing in this section may be construed
to prohibit any contract or other financial transaction with any
nongovernmental humanitarian organization in Burma.
(f) Exceptions.--
(1) In general.--The prohibitions and restrictions described
in subsections (b) and (c) shall not apply to medicine, medical
equipment or supplies, food or feed, or any other form of
humanitarian assistance provided to Burma.
(2) Regulatory exceptions.--For the following purposes, the
Secretary of State may, by regulation, authorize exceptions to
the prohibition and restrictions described in subsection (a),
and the Secretary of the Treasury may, by regulation, authorize
exceptions to the prohibitions and restrictions described in
subsections (b) and (c)--
(A) to permit the United States and Burma to operate
their diplomatic missions, and to permit the United
States to conduct other official United States
Government business in Burma;
(B) to permit United States citizens to visit Burma;
and
(C) to permit the United States to comply with the
United Nations Headquarters Agreement and other
applicable international agreements.
(g) Penalties.--Any person who violates any prohibition or
restriction imposed pursuant to subsection (b) or (c) shall be subject
to the penalties under section 6 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as for a violation under
that Act.
(h) Termination of Sanctions.--
The <<NOTE: President. Certification.>> sanctions imposed under
subsection (a), (b), or (c) shall apply until the President determines
and certifies to the appropriate congressional committees that the SPDC
has--
(1) <<NOTE: National League for Democracy.>> unconditionally
released all political prisoners, including Aung San Suu Kyi and
other members of the National League for Democracy;
(2) entered into a substantive dialogue with democratic
forces led by the National League for Democracy and the ethnic
minorities of Burma on transitioning to democratic government
under the rule of law; and
(3) allowed humanitarian access to populations affected by
armed conflict in all regions of Burma.
(i) Waiver.--The <<NOTE: President. Certification.>> President may
waive the sanctions described in subsections (b) and (c) if the
President determines and certifies to the appropriate congressional
committees that such waiver is in the national interest of the United
States.
SEC. 6. <<NOTE: 50 USC 1701 note.>> AMENDMENTS TO THE BURMESE FREEDOM
AND DEMOCRACY ACT OF 2003.
(a) In General.--The Burmese Freedom and Democracy Act of 2003
(Public Law 108-61; 50 U.S.C. 1701 note) is amended by inserting after
section 3 the following new section:
``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA
AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM
BURMA.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
[[Page 122 STAT. 2639]]
``(A) the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of
Representatives; and
``(B) the Committee on Finance and the Committee on
Foreign Relations of the Senate.
``(2) Burmese covered article.--The term `Burmese covered
article' means--
``(A) jadeite mined or extracted from Burma;
``(B) rubies mined or extracted from Burma; or
``(C) articles of jewelry containing jadeite
described in subparagraph (A) or rubies described in
subparagraph (B).
``(3) Non-burmese covered article.--The term `non-Burmese
covered article' means--
``(A) jadeite mined or extracted from a country
other than Burma;
``(B) rubies mined or extracted from a country other
than Burma; or
``(C) articles of jewelry containing jadeite
described in subparagraph (A) or rubies described in
subparagraph (B).
``(4) Jadeite; rubies; articles of jewelry containing
jadeite or rubies.--
``(A) Jadeite.--The term `jadeite' means any jadeite
classifiable under heading 7103 of the Harmonized Tariff
Schedule of the United States (in this paragraph
referred to as the `HTS').
``(B) Rubies.--The term `rubies' means any rubies
classifiable under heading 7103 of the HTS.
``(C) Articles of jewelry containing jadeite or
rubies.--The term `articles of jewelry containing
jadeite or rubies' means--
``(i) any article of jewelry classifiable
under heading 7113 of the HTS that contains
jadeite or rubies; or
``(ii) any article of jadeite or rubies
classifiable under heading 7116 of the HTS.
``(5) United states.--The term `United States', when used in
the geographic sense, means the several States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
``(b) Prohibition on Importation of Burmese Covered Articles.--
``(1) In general.--
Notwithstanding <<NOTE: President. Certification. Effective
date.>> any other provision of law, until such time as the
President determines and certifies to the appropriate
congressional committees that Burma has met the conditions
described in section 3(a)(3), beginning 60 days after the date
of the enactment of the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008, the President shall
prohibit the importation into the United States of any Burmese
covered article.
``(2) Regulatory authority.--The President is authorized to,
and shall as necessary, issue such proclamations, regulations,
licenses, and orders, and conduct such investigations, as may be
necessary to implement the prohibition under paragraph (1).
``(3) Other actions.--Beginning on the date of the enactment
of this Act, the President shall take all appropriate actions to
seek the following:
[[Page 122 STAT. 2640]]
``(A) The issuance of a draft waiver decision by the
Council for Trade in Goods of the World Trade
Organization granting a waiver of the applicable
obligations of the United States under the World Trade
Organization with respect to the provisions of this
section and any measures taken to implement this
section.
``(B) The adoption of a resolution by the United
Nations General Assembly expressing the need to address
trade in Burmese covered articles and calling for the
creation and implementation of a workable certification
scheme for non-Burmese covered articles to prevent the
trade in Burmese covered articles.
``(c) Requirements for Importation of Non-Burmese Covered
Articles.--
``(1) In general.--
Except <<NOTE: President. Certification. Effective date.>> as
provided in paragraph (2), until such time as the President
determines and certifies to the appropriate congressional
committees that Burma has met the conditions described in
section 3(a)(3), beginning 60 days after the date of the
enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2008, the President shall require as
a condition for the importation into the United States of any
non-Burmese covered article that--
``(A) the exporter of the non-Burmese covered
article has implemented measures that have substantially
the same effect and achieve the same goals as the
measures described in clauses (i) through (iv) of
paragraph (2)(B) (or their functional equivalent) to
prevent the trade in Burmese covered articles; and
``(B) the importer of the non-Burmese covered
article agrees--
``(i) <<NOTE: Records.>> to maintain a full
record of, in the form of reports or otherwise,
complete information relating to any act or
transaction related to the purchase, manufacture,
or shipment of the non-Burmese covered article for
a period of not less than 5 years from the date of
entry of the non-Burmese covered article; and
``(ii) to provide the information described in
clause (i) within the custody or control of such
person to the relevant United States authorities
upon request.
``(2) Exception.--
``(A) In general.--The President may waive the
requirements of paragraph (1) with respect to the
importation of non-Burmese covered articles from any
country with respect to which the President determines
and certifies to the appropriate congressional
committees has implemented the measures described in
subparagraph (B) (or their functional equivalent) to
prevent the trade in Burmese covered articles.
``(B) Measures <<NOTE: Exports.>> described.--The
measures referred to in subparagraph (A) are the
following:
``(i) With respect to exportation from the
country of jadeite or rubies in rough form, a
system of verifiable controls on the jadeite or
rubies from mine to exportation demonstrating that
the jadeite or rubies were not mined or extracted
from Burma, and accompanied by officially-
validated documentation certifying the country
from which the jadeite or rubies were mined
[[Page 122 STAT. 2641]]
or extracted, total carat weight, and value of the
jadeite or rubies.
``(ii) With respect to exportation from the
country of finished jadeite or polished rubies, a
system of verifiable controls on the jadeite or
rubies from mine to the place of final finishing
of the jadeite or rubies demonstrating that the
jadeite or rubies were not mined or extracted from
Burma, and accompanied by officially-validated
documentation certifying the country from which
the jadeite or rubies were mined or extracted.
``(iii) With respect to exportation from the
country of articles of jewelry containing jadeite
or rubies, a system of verifiable controls on the
jadeite or rubies from mine to the place of final
finishing of the article of jewelry containing
jadeite or rubies demonstrating that the jadeite
or rubies were not mined or extracted from Burma,
and accompanied by officially-validated
documentation certifying the country from which
the jadeite or rubies were mined or extracted.
``(iv) <<NOTE: Records.>> Verifiable
recordkeeping by all entities and individuals
engaged in mining, importation, and exportation of
non-Burmese covered articles in the country, and
subject to inspection and verification by
authorized authorities of the government of the
country in accordance with applicable law.
``(v) Implementation by the government of the
country of proportionate and dissuasive penalties
against any persons who violate laws and
regulations designed to prevent trade in Burmese
covered articles.
``(vi) Full cooperation by the country with
the United Nations or other official international
organizations that seek to prevent trade in
Burmese covered articles.
``(3) Regulatory authority.--The President is authorized to,
and shall as necessary, issue such proclamations, regulations,
licenses, and orders and conduct such investigations, as may be
necessary to implement the provisions under paragraphs (1) and
(2).
``(d) Inapplicability.--
``(1) In general.--The requirements of subsection (b)(1) and
subsection (c)(1) shall not apply to Burmese covered articles
and non-Burmese covered articles, respectively, that were
previously exported from the United States, including those that
accompanied an individual outside the United States for personal
use, if they are reimported into the United States by the same
person, without having been advanced in value or improved in
condition by any process or other means while outside the United
States.
``(2) Additional provision.--The requirements of subsection
(c)(1) shall not apply with respect to the importation of non-
Burmese covered articles that are imported by or on behalf of an
individual for personal use and accompanying an individual upon
entry into the United States.
``(e) Enforcement.--Burmese covered articles or non-Burmese covered
articles that are imported into the United States in violation of any
prohibition of this Act or any other provision law shall
[[Page 122 STAT. 2642]]
be subject to all applicable seizure and forfeiture laws and criminal
and civil laws of the United States to the same extent as any other
violation of the customs laws of the United States.
``(f) Sense of Congress.--
``(1) In general.--It is the sense of Congress that the
President should take the necessary steps to seek to negotiate
an international arrangement--similar to the Kimberley Process
Certification Scheme for conflict diamonds--to prevent the trade
in Burmese covered articles. Such an international arrangement
should create an effective global system of controls and should
contain the measures described in subsection (c)(2)(B) (or their
functional equivalent).
``(2) Kimberley process certification scheme defined.--In
paragraph (1), the term `Kimberley Process Certification Scheme'
has the meaning given the term in section 3(6) of the Clean
Diamond Trade Act (Public Law 108-19; 19 U.S.C. 3902(6)).
``(g) Report.--
``(1) In general.--Not later than 180 days after the date of
the enactment of the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008, the President shall
transmit to the appropriate congressional committees a report
describing what actions the United States has taken during the
60-day period beginning on the date of the enactment of such Act
to seek--
``(A) the issuance of a draft waiver decision by the
Council for Trade in Goods of the World Trade
Organization, as specified in subsection (b)(3)(A);
``(B) the adoption of a resolution by the United
Nations General Assembly, as specified in subsection
(b)(3)(B); and
``(C) the negotiation of an international
arrangement, as specified in subsection (f)(1).
``(2) Update.--The <<NOTE: President.>> President shall make
continued efforts to seek the items specified in subparagraphs
(A), (B), and (C) of paragraph (1) and shall promptly update the
appropriate congressional committees on subsequent developments
with respect to these efforts.
``(h) GAO Report.--Not later than 14 months after the date of the
enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic
Efforts) Act of 2008, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report on the
effectiveness of the implementation of this section. The Comptroller
General shall include in the report any recommendations for improving
the administration of this Act.''.
(b) Duration of Sanctions.--
(1) Continuation of import sanctions.--Subsection (b) of
section 9 of the Burmese Freedom and Democracy Act of 2003
(Public Law 108-61; 50 U.S.C. 1701 note) is amended by adding at
the end the following new paragraph:
``(4) Rule of construction.--For purposes of this
subsection, any reference to section 3(a)(1) shall be deemed to
include a reference to section 3A (b)(1) and (c)(1).''.
(2) Renewal <<NOTE: 50 USC 1701 note.>> resolutions.--
Subsection (c) of such section is amended by inserting after
``section 3(a)(1)'' each place it appears the following: ``and
section 3A (b)(1) and (c)(1)''.
(3) Effective date.--
[[Page 122 STAT. 2643]]
(A) In general.--The amendments made by this
subsection take effect on the day after the date of the
enactment of 5th renewal resolution enacted into law
after the date of the enactment of the Burmese Freedom
and Democracy Act of 2003, or the date of the enactment
of this Act, whichever occurs later.
(B) Renewal resolution defined.--In this paragraph,
the term ``renewal resolution'' means a renewal
resolution described in section 9(c) of the Burmese
Freedom and Democracy Act of 2003 that is enacted into
law in accordance with such section.
(c) Conforming Amendment.--Section 3(b) of the Burmese Freedom and
Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is
amended--
(1) by striking ``prohibitions'' and inserting
``restrictions'';
(2) by inserting ``or section 3A (b)(1) or (c)(1)'' after
``this section''; and
(3) by striking ``a product of Burma'' and inserting
``subject to such restrictions''.
SEC. 7. <<NOTE: 50 USC 1701 note.>> SPECIAL REPRESENTATIVE AND POLICY
COORDINATOR FOR BURMA.
(a) United States Special Representative and Policy Coordinator for
Burma.--The <<NOTE: President. Government organization.>> President
shall appoint a Special Representative and Policy Coordinator for Burma,
by and with the advice and consent of the Senate.
(b) Rank.--The Special Representative and Policy Coordinator for
Burma appointed under subsection (a) shall have the rank of ambassador
and shall hold the office at the pleasure of the President. Except for
the position of United States Ambassador to the Association of Southeast
Asian Nations, the Special Representative and Policy Coordinator may not
simultaneously hold a separate position within the executive branch,
including the Assistant Secretary of State, the Deputy Assistant
Secretary of State, the United States Ambassador to Burma, or the Charge
d'affairs to Burma.
(c) Duties and Responsibilities.--The Special Representative and
Policy Coordinator for Burma shall--
(1) promote a comprehensive international effort, including
multilateral sanctions, direct dialogue with the SPDC and
democracy advocates, and support for nongovernmental
organizations operating in Burma and neighboring countries,
designed to restore civilian democratic rule to Burma and
address the urgent humanitarian needs of the Burmese people;
(2) consult broadly, including with the Governments of the
People's Republic of China, India, Thailand, and Japan, and the
member states of ASEAN and the European Union to coordinate
policies toward Burma;
(3) assist efforts by the United Nations Special Envoy to
secure the release of all political prisoners in Burma and to
promote dialogue between the SPDC and leaders of Burma's
democracy movement, including Aung San Suu Kyi;
(4) consult with Congress on policies relevant to Burma and
the future and welfare of all the Burmese people, including
refugees; and
[[Page 122 STAT. 2644]]
(5) coordinate the imposition of Burma sanctions within the
United States Government and with the relevant international
financial institutions.
SEC. 8. <<NOTE: 50 USC 1701 note.>> SUPPORT FOR CONSTITUTIONAL DEMOCRACY
IN BURMA.
(a) In General.--The President is authorized to assist Burmese
democracy activists who are dedicated to nonviolent opposition to the
SPDC in their efforts to promote freedom, democracy, and human rights in
Burma.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to the Secretary of State for fiscal year 2008
to--
(1) provide aid to democracy activists in Burma;
(2) provide aid to individuals and groups conducting
democracy programming outside of Burma targeted at a peaceful
transition to constitutional democracy inside Burma; and
(3) expand radio and television broadcasting into Burma.
SEC. 9. <<NOTE: 50 USC 1701 note.>> SUPPORT FOR NONGOVERNMENTAL
ORGANIZATIONS ADDRESSING THE HUMANITARIAN NEEDS OF THE
BURMESE PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that the
international community should increase support for nongovernmental
organizations attempting to meet the urgent humanitarian needs of the
Burmese people.
(b) Licenses for Humanitarian or Religious Activities in Burma.--
Section 5 of the Burmese Freedom and Democracy Act of 2003 (50 U.S.C.
1701 note) is amended--
(1) by inserting ``(a) Opposition to Assistance to Burma.--
'' before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Licenses for Humanitarian or Religious Activities in Burma.--
Notwithstanding any other provision of law, the Secretary of the
Treasury is authorized to issue multi-year licenses for humanitarian or
religious activities in Burma.''.
(c) Authorization of Appropriations.--
(1) In general.--Notwithstanding any other provision of law,
there are authorized to be appropriated $11,000,000 to the
Secretary of State for fiscal year 2008 to support operations by
nongovernmental organizations, subject to paragraph (2),
designed to address the humanitarian needs of the Burmese people
inside Burma and in refugee camps in neighboring countries.
(2) Limitation.--
(A) In general.--Except as provided under
subparagraph (B), amounts appropriated pursuant to
paragraph (1) may not be provided to--
(i) SPDC-controlled entities;
(ii) entities run by members of the SPDC or
their families; or
(iii) entities providing cash or resources to
the SPDC, including organizations affiliated with
the United Nations.
(B) Waiver.--The President may waive the funding
restriction described in subparagraph (A) if--
(i) the President determines and certifies to
the appropriate congressional committees that such
waiver is in the national interests of the United
States;
[[Page 122 STAT. 2645]]
(ii) a description of the national interests
need for the waiver is submitted to the
appropriate congressional committees; and
(iii) the description submitted under clause
(ii) is posted on a publicly accessible Internet
Web site of the Department of State.
SEC. 10. <<NOTE: 50 USC 1701 note.>> REPORT ON MILITARY AND INTELLIGENCE
AID TO BURMA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report containing a list of countries, companies, and other entities
that provide military or intelligence aid to the SPDC and describing
such military or intelligence aid provided by each such country,
company, and other entity.
(b) Military or Intelligence Aid Defined.--For the purpose of this
section, the term ``military or intelligence aid'' means, with respect
to the SPDC--
(1) the provision of weapons, weapons parts, military
vehicles, or military aircraft;
(2) the provision of military or intelligence training,
including advice and assistance on subject matter expert
exchanges;
(3) the provision of weapons of mass destruction and related
materials, capabilities, and technology, including nuclear,
chemical, or dual-use capabilities;
(4) conducting joint military exercises;
(5) the provision of naval support, including ship
development and naval construction;
(6) the provision of technical support, including computer
and software development and installations, networks, and
infrastructure development and construction; or
(7) the construction or expansion of airfields, including
radar and anti-aircraft systems.
(c) Form.--The <<NOTE: Public information. Website.>> report
required under subsection (a) shall be submitted in unclassified form
but may include a classified annex and the unclassified form shall be
placed on the Department of State's website.
SEC. 11. <<NOTE: 50 USC 1701 note.>> SENSE OF CONGRESS ON INTERNATIONAL
ARMS SALES TO BURMA.
It is the sense of Congress that the United States should lead
efforts in the United Nations Security Council to impose a mandatory
international arms embargo on Burma, curtailing all sales of weapons,
ammunition, military vehicles, and military aircraft to Burma until the
SPDC releases all political prisoners, restores constitutional rule,
takes steps toward inclusion of ethnic minorities in political
reconciliation efforts, and holds free and fair elections to establish a
new government.
SEC. 12. <<NOTE: 50 USC 1701 note.>> REDUCTION OF SPDC REVENUE FROM
TIMBER.
(a) Report.--Not <<NOTE: Deadline.>> later than one year after the
date of the enactment of this Act and annually thereafter, the Secretary
of State, in consultation with the Secretary of Commerce, and other
Federal officials, as appropriate, shall submit to the appropriate
congressional committees a report on Burma's timber trade containing
information on the following:
[[Page 122 STAT. 2646]]
(1) Products entering the United States made in whole or in
part of wood grown and harvested in Burma, including
measurements of annual value and volume and considering both
legal and illegal timber trade.
(2) Statistics about Burma's timber trade, including raw
wood and wood products, in aggregate and broken down by country
and timber species, including measurements of value and volume
and considering both legal and illegal timber trade.
(3) A description of the chains of custody of products
described in paragraph (1), including direct trade streams from
Burma to the United States and via manufacturing or
transshipment in third countries.
(4) Illegalities, abuses, or corruption in the Burmese
timber sector.
(5) A description of all common consumer and commercial
applications unique to Burmese hardwoods, including the
furniture and marine manufacturing industries.
(b) Recommendations.--The report required under subsection (a) shall
include recommendations on the following:
(1) Alternatives to Burmese hardwoods for the commercial
applications described in paragraph (5) of subsection (a),
including alternative species of timber that could provide the
same applications.
(2) Strategies for encouraging sustainable management of
timber in locations with potential climate, soil, and other
conditions to compete with Burmese hardwoods for the consumer
and commercial applications described in paragraph (5) of
subsection (a).
(3) The appropriate United States and international customs
documents and declarations that would need to be kept and
compiled in order to establish the chain of custody concerning
products described in paragraphs (1) and (3) of subsection (a).
(4) Strategies for strengthening the capacity of Burmese
civil society, including Burmese society in exile, to monitor
and report on the SPDC's trade in timber and other extractive
industries so that Burmese natural resources can be used to
benefit the majority of Burma's population.
SEC. 13. <<NOTE: Deadline. 50 USC 1701 note.>> REPORT ON FINANCIAL
ASSETS HELD BY MEMBERS OF THE SPDC.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of the
Treasury, in consultation with the Secretary of State, shall submit to
the Committee on Foreign Affairs of the House of Representatives, the
Committee on Ways and Means of the House of the Representatives, the
Committee on Foreign Relations of the Senate, and the Committee on
Finance of the Senate a report containing a list of all countries and
foreign banking institutions that hold assets on behalf of senior
Burmese officials.
(b) Definitions.--For the purpose of this section:
(1) Senior burmese officials.--The term ``senior Burmese
officials'' shall mean individuals covered under section 5(d)(1)
of this Act.
(2) Other terms.--Other terms shall be defined under the
authority of and consistent with section 5(c)(2) of this Act.
[[Page 122 STAT. 2647]]
(c) Form.--
The <<NOTE: Public information. Website. Deadline.>> report required
under subsection (a) shall be submitted in unclassified form but may
include a classified annex. The report shall also be posted on the
Department of Treasury's website not later than 30 days of the
submission to Congress of the report. To the extent possible, the report
shall include the names of the senior Burmese officials and the
approximate value of their holdings in the respective foreign banking
institutions and any other pertinent information.
SEC. 14. <<NOTE: Thailand. Refugees. 50 USC 1701 note.>> UNOCAL
PLAINTIFFS.
(a) Sense of Congress.--It is the Sense of Congress that the United
States should work with the Royal Thai Government to ensure the safety
in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should
consider granting refugee status or humanitarian parole to these
plaintiffs to enter the United States consistent with existing United
States law.
(b) Report.--Not <<NOTE: President. Deadline.>> later than 90 days
after the date of the enactment of this Act, the President shall submit
to the appropriate Congressional committees a report on the status of
the Doe vs. Unocal plaintiffs and whether the plaintiffs have been
granted refugee status or humanitarian parole.
SEC. 15. <<NOTE: 50 USC 1701 note.>> SENSE OF CONGRESS WITH RESPECT TO
INVESTMENTS IN BURMA'S OIL AND GAS INDUSTRY.
(a) Findings and Declarations.--Congress finds the following:
(1) Currently United States, French, and Thai investors are
engaged in the production and delivery of natural gas in the
pipeline from the Yadana and Sein fields (Yadana pipeline) in
the Andaman Sea, an enterprise which falls under the
jurisdiction of the Burmese Government, and United States
investment by Chevron represents approximately a 28 percent
nonoperated, working interest in that pipeline.
(2) The Congressional Research Service estimates that the
Yadana pipeline provides at least $500,000,000 in annual revenue
for the Burmese Government.
(3) The natural gas that transits the Yadana pipeline is
delivered primarily to Thailand, representing about 20 percent
of Thailand's total gas supply.
(4) The executive branch has in the past exempted investment
in the Yadana pipeline from the sanctions regime against the
Burmese Government.
(5) Congress believes that United States companies ought to
be held to a high standard of conduct overseas and should avoid
as much as possible acting in a manner that supports repressive
regimes such as the Burmese Government.
(6) Congress recognizes the important symbolic value that
divestment of United States holdings in Burma would have on the
international sanctions effort, demonstrating that the United
States will continue to lead by example.
(b) Statement of Policy.--
(1) Congress urges Yadana investors to consider voluntary
divestment over time if the Burmese Government fails to take
meaningful steps to release political prisoners, restore
civilian constitutional rule and promote national
reconciliation.
(2) Congress will remain concerned with the matter of
continued investment in the Yadana pipeline in the years ahead.
[[Page 122 STAT. 2648]]
(3) Congress urges the executive branch to work with all
firms invested in Burma's oil and gas sector to use their
influence to promote the peaceful transition to civilian
democratic rule in Burma.
(c) Sense of Congress.--It is the sense of Congress that so long as
Yadana investors remain invested in Burma, such investors should--
(1) communicate to the Burmese Government, military and
business officials, at the highest levels, concern about the
lack of genuine consultation between the Burmese Government and
its people, the failure of the Burmese Government to use its
natural resources to benefit the Burmese people, and the
military's use of forced labor;
(2) publicly disclose and deal with in a transparent manner,
consistent with legal obligations, its role in any ongoing
investment in Burma, including its financial involvement in any
joint production agreement or other joint ventures and the
amount of their direct or indirect support of the Burmese
Government; and
(3) work with project partners to ensure that forced labor
is not used to construct, maintain, support, or defend the
project facilities, including pipelines, offices, or other
facilities.
Approved July 29, 2008.
LEGISLATIVE HISTORY--H.R. 3890:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-418, Pt. 1 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Dec. 11, considered and passed
House.
Dec. 19, considered and passed
Senate, amended.
Vol. 154 (2008):
July 15, House concurred in Senate
amendments with amendments
pursuant to H. Res. 1341.
July 22, Senate concurred in House
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
July 30, Presidential remarks.
<all>