[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Introduced in House (IH)]

  2d Session
                                H. R. 2892

         To impose sanctions on Burma, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1996

 Mr. Rohrabacher (for himself, Mr. Royce, and Mr. Smith of New Jersey) 
 introduced the following bill; which was referred to the Committee on 
 International Relations, and in addition to the Committees on Banking 
and Financial Services, the Judiciary, Commerce, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
         To impose sanctions on Burma, 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 ``Burma Freedom and Democracy Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Since 1962 Burma has been ruled by a military 
        dictatorship.
            (2) As part of a crackdown against the Burmese pro-
        democracy movement, the State Law and Order Restoration Council 
        (SLORC) was established by the military dictatorship in 1988.
            (3) On May 27, 1990, the people of Burma voted 
        overwhelmingly in a free election for Daw Aung San Suu Kyi and 
        the National League for Democracy (NLD).
            (4) Despite numerous pledges, the SLORC has failed to honor 
        the results of the 1990 elections.
            (5) The United States has not sent an ambassador to Rangoon 
        in protest of the failure of the SLORC to honor the 1990 
        elections and the continued human rights abuses suffered by the 
        Burmese people.
            (6) In response to the massacre of thousands of Burmese 
        participating in peaceful democratic demonstrations, the 
        Congress adopted a provision as part of the Customs and Trade 
        Act of 1990 requiring the President to impose appropriate 
        economic sanctions on Burma.
            (7) Currently the United States has suspended economic aid 
        to Burma, placed an embargo on arms sales to Burma, denied 
        trade preferences under title V of the Trade Act of 1974 to 
        Burma, and decertified Burma as a narcotics cooperating 
        country.
            (8) On April 30, 1994, the Foreign Relations Authorization 
        Act, Fiscal Years 1994 and 1995 (Public Law 103-236), placed 
        Burma on the list of international ``outlaw'' states that 
        includes Libya, North Korea, and Iraq and which is set forth in 
        section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2227(a)), thus mandating that voluntary United States funding 
        for any United Nations agency will be automatically reduced if 
        the agency conducts programs in Burma.
            (9) On July 15, 1994, the Senate adopted Senate Resolution 
        234 calling on the Administration to encourage members of the 
        Association of Southeast Asian Nations (ASEAN) to work with the 
        United States to achieve the transfer of power to the winners 
        of Burma's 1990 democratic election.
            (10) On July 25, 1994, the House of Representatives adopted 
        House Resolution 471, which urged the Burmese regime to 
        transfer power to democratically elected leaders of Burma and 
        to respect human rights.
            (11) On June 28, 1995, the House of Representatives agreed 
        to an amendment to House Bill 1868, which prohibited funds for 
international narcotics control or crop substitution assistance for the 
Burmese regime.
            (12) In early 1995 the SLORC conducted a military campaign 
        against ethnic minorities, many of whom are Christian, along 
        the border between Burma and Thailand, including the 
        headquarters of the Democratic Alliance of Burma at Mannerplaw.
            (13) On July 10, 1995, after six years of unlawful 
        detention, the SLORC released Nobel Peace Prize winner Daw Aung 
        San Suu Kyi, the leader of the NLD.
            (14) Since the release of Daw Aung San Suu Kyi, the SLORC 
        has rejected her efforts to establish a timetable for dialogue 
        and national reconciliation and has denied the NLD a meaningful 
        role in a credible political process.
            (15) The 1995 Human Rights Watch World Report states that 
        Muslims in the Arakan State are subject to forced relocations, 
        forced labor, and religious persecution.
            (16) On December 19, 1995, the House of Representatives 
        adopted House Resolution 274, which calls on the Burmese regime 
        to begin a political dialogue with democratically elected 
        leaders of Burma, release political prisoners, guarantee 
        respect for basic human rights, and restore civilian and 
        democratic rule to the people of Burma.

SEC. 3. DECLARATIONS OF POLICY.

    (a) In General.--The Congress declares that it is the policy of the 
United States--
            (1) to support actively the prompt transition from a 
        military dictatorship to a democratic government in Burma;
            (2) to encourage the State Law and Order Restoration 
        Council (SLORC) to immediately and unconditionally release all 
        political prisoners and allow them to participate in the 
        political process;
            (3) to recognize the individuals who won the 1990 
        democratic election as the legitimate representatives of the 
        Burmese people;
            (4) to expand contact between the democratically elected 
        leaders of Burma and the United States mission in Rangoon in 
        order to facilitate the democratic process in Burma;
            (5) to encourage the SLORC and friendly governments to 
        permit democratically elected leaders of Burma to travel 
        freely;
            (6) to provide humanitarian assistance to displaced persons 
        inside Burma and to refugees from Burma along the border 
        between Burma and Thailand;
            (7) to further expand trade sanctions against Burma not 
        later than 180 days after the date of the enactment of this Act 
        unless a process of political reconciliation, characterized by 
        a substantial and sustained dialogue between the SLORC and Daw 
        Aung San Suu Kyi and other elected leaders of the National 
        League for Democracy, is established; and
            (8) to encourage friendly nations to adopt trade policies 
        similar to the trade policies established by this Act.
    (b) Cooperation With Burma Relating to Counternarcotics 
Activities.--The Congress declares that--
            (1) cooperation with Burma relating to counternarcotics 
        activities should be limited to improving the capability of 
        Burma to detect and confiscate narcotics at the international 
        airport in Rangoon and at the coastal port facilities in Burma;
            (2) such cooperation with Burma should be initiated only 
        after the President has certified in writing to the Congress 
        that such counternarcotics activities are fully consistent with 
        United States human rights concerns in Burma and are vital to 
        United States interests; and
            (3) multilateral cooperation with Burma relating to 
        counternarcotics activities should not contribute to violations 
        of internationally recognized human rights in Burma.

SEC. 4. SANCTIONS.

    (a) In General.--Until such time as the President determines and 
certifies to the appropriate congressional committees that an elected 
government of Burma has been allowed to take power as result of the 
1990 election or by new free and fair elections--
            (1) the sanctions described in subsection (b) shall be 
        imposed on Burma; and
            (2) the appropriate Government officials may apply the 
        sanctions described in subsection (c) against Burma.
    (b) Mandatory Sanctions.--
            (1) Investment sanction.--
                    (A) In general.--United States nationals shall not 
                make any investment in Burma.
                    (B) Effective date.--The prohibition contained in 
                subparagraph (A) shall not apply to investments 
                initiated on or before January 25, 1996.
                    (C) Regulatory authority.--The President shall 
                issue such regulations, licenses, or orders as are 
                necessary to carry out this paragraph.
            (2) United states assistance.--United States assistance 
        shall not be provided for Burma.
            (3) Multilateral assistance.--The Secretary of the Treasury 
        shall instruct the United States executive director of each 
        financial institution to vote against any loan or other 
        utilization of the funds of the respective bank to or for 
        Burma.
            (4) Promotion of trade or other commercial activity.--None 
        of the funds appropriated or otherwise available to any Federal 
        department or agency shall be obligated or expended for the 
        purpose of promoting trade or other commercial activity between 
        the United States and Burma.
            (5) Admission to united states of burmese nationals.--(A) 
        Except as provided in subparagraph (B), any Burmese national 
        who formulates, implements, or benefits from policies which 
        hinder the transition of Burma to a democratic country, as 
        determined by the Attorney General, and any member of the 
        immediate family of such a national, shall be ineligible to 
        receive a visa and shall be excluded from admission into the 
        United States.
            (B) The Attorney General may waive the application of 
        subparagraph (A) with respect to any individual.
            (6) Admission to united states of members of slorc military 
        or police forces.--(A) Except as provided in subparagraph (B), 
        any member, officer, or employee of any military or police 
        force of the Burmese military regime, known as the State Law 
        and Order Restoration Council (SLORC), as determined by the 
        Attorney General, shall be ineligible to receive a visa and 
        shall be excluded from admission into the United States.
            (B) The Attorney General may waive the application of 
        subparagraph (A) with respect to any individual.
            (7) Admission to united states of certain officials of the 
        government of burma and burmese citizens.--(A) Except as 
        provided in subparagraph (B), any official of the Burmese 
        military regime, known as the State Law and Order Restoration 
        Council (SLORC), or any citizen of Burma who the Attorney 
        General determines has committed acts which constitute the 
        essential elements of a violation under chapter 113A of title 
        18, United States Code (relating to the Convention Against 
        Torture and Other Cruel Inhuman or Degrading Treatment or 
        Punishment) shall be ineligible to receive a visa and shall be 
        excluded from admission into the United States.
            (B) The Attorney General may waive the application of 
        subparagraph (A) with respect to any individual.
    (c) Discretionary Sanctions.--
            (1) Travel to burma.--
                    (A) Transportation to or from burma.--The President 
                is authorized to prohibit or limit any transaction by a 
                United States person relating to transportation to or 
                from Burma, the provision of transportation to or from 
                the United States by any vessel or aircraft of Burmese 
                registration, or the sale in the United States by any 
                person holding authority under the Federal Aviation Act 
                of any transportation by air which includes any stop in 
                Burma.
                    (B) Tourism in burma.--Notwithstanding any other 
                provision of law, the President is authorized to 
                prohibit the use of funds by any agency of the 
                Government of the United States to promote tourism in 
                Burma.
            (2) Diplomatic representation.--The Congress urges the 
        President not to accept diplomatic representation from Burma at 
        a level higher than the level of diplomatic representation of 
        the United States in Burma.
            (3) Contributions to international financial 
        institutions.--
                    (A) Withholding.--The President is authorized to 
                withhold from each international financial institution 
                that funds activities in Burma (other than emergency 
                humanitarian activities described in subparagraph (B)) 
                an amount equal to the United States proportionate 
                share of that funding.
                    (B) Emergency humanitarian activities.--
                            (i) In general.--Subject to clause (ii), 
                        the emergency humanitarian activities described 
                        in this subparagraph are activities to 
                        alleviate human suffering caused by natural 
                        disasters such as floods, storms, famine, and 
                        earthquakes.
                            (ii) Additional activities.--Activities 
                        other than activities described in clause (i) 
                        shall be considered to be emergency 
                        humanitarian activities for purposes of this 
                        subparagraph if the President--
                                    (I) determines that such additional 
                                activities support the interests of the 
                                United States; and
                                    (II) transmits such determination 
                                in writing to the appropriate 
                                congressional committees.

SEC. 5. REPORT ON BURMESE LABOR PRACTICES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Labor, in consultation with the Secretary of State, shall 
submit a report to the appropriate congressional committees on--
            (1) Burmese compliance with international labor standards 
        including the use of forced labor, child labor, slave labor, 
        and involuntary prison labor by the junta;
            (2) the degree to which foreign investment in Burma 
        contributes to violations of fundamental worker rights;
            (3) labor practices in support of Burma's foreign tourist 
        industry; and
            (4) efforts by the United States to end violations of 
        fundamental labor rights in Burma.

SEC. 6. REPORT ON ENVIRONMENTAL DEGRADATION IN BURMA.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of State, in consultation with the heads of other appropriate 
Federal agencies, shall prepare and submit to the appropriate 
congressional committees a report on the exploitation of resources and 
the degradation of the environment in Burma, including--
            (1) a discussion of the export of timber by Burma, 
        especially teak; and
            (2) a discussion of the specific progress on cooperation by 
        Burma with nonprofit nongovernmental organizations that are 
        concerned with ecological conservation, management, and 
        training programs.

SEC. 7. REPORT ON STRATEGY SUPPORTING DEMOCRATIC TRANSITION IN BURMA.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of State, in consultation with the heads of other 
appropriate Federal agencies, shall prepare and submit to the 
appropriate congressional committees a report containing a strategy to 
restore democracy to Burma consistent with the declarations of policy 
contained in section 3 of this Act.

SEC. 8. DEFINITIONS.

    As used in this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on International Relations of the House of 
                Representatives; and
                    (B) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate.
            (2) Burmese entity.--The term ``Burmese entity'' means--
                    (A) a corporation, partnership, or other business 
                association or entity organized in Burma; or
                    (B) a branch, office, agency, or sole 
                proprietorship in Burma of a person that resides or is 
                organized outside of Burma.
            (3) Controlled burmese entity.--The term ``controlled 
        Burmese entity'' means--
                    (A) a corporation, partnership, or other business 
                association or entity organized in Burma and owned or 
                controlled, directly or indirectly, by a United States 
                national; or
                    (B) a branch, office, agency, or sole 
                proprietorship in Burma of a United States national.
            (4) International financial institutions.--The term 
        ``international financial institutions'' includes the 
        International Bank for Reconstruction and Development, the 
        International Development Association, the Asian Development 
        Bank, and the International Monetary Fund.
            (5) Investment.--The term ``investment in Burma''--
                    (A) includes any contribution or commitment, for 
                any period of time, of funds, commodities, services, 
                patents, processes, or techniques, to the Government of 
                Burma, or to any person or entity in Burma for purposes 
                of financial gain, in the form of--
                            (i) a loan or loans;
                            (ii) the purchase of a share of ownership;
                            (iii) participation in royalties, earnings, 
                        or profits; or
                            (iv) the furnishing of commodities or 
                        services pursuant to a lease or other contract; 
                        and
                    (B) does not include--
                            (i) the reinvestment of profits generated 
                        by a controlled Burmese entity into the same 
                        entity;
                            (ii) contributions of money or other assets 
                        to the extent such contributions are necessary 
                        to enable a controlled Burmese entity--
                                    (I) to fulfill contractual 
                                commitments signed before January 25, 
                                1996; or
                                    (II) to operate in an economically 
                                sound manner, without expanding its 
                                operations; or
                            (iii) any activity in Burma by any United 
                        States nongovernmental organization or any 
                        United States private voluntary organization 
                        to--
                                    (I) monitor human rights in Burma;
                                    (II) monitor labor practices in 
                                Burma; or
                                    (III) monitor and conduct 
                                ecological conservation, management, or 
                                training programs.
            (6) United states assistance.--The term ``United States 
        assistance'' means assistance of any kind which is provided by 
        grant, sale, loan, lease, credit, guaranty, or insurance, or by 
        any other means, by any department or agency of the United 
        States Government to any foreign country.
            (7) United states national.--The term ``United States 
        national'' means--
                    (A) a natural person who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States or is an alien admitted for permanent residence 
                in the United States, as defined in section 101(a)(20) 
                of the Immigration and Nationality Act;
                    (B) a corporation, partnership, or other business 
                association which is organized under the laws of the 
                United States, the District of Columbia, or any 
                commonwealth, territory, or possession of the United 
                States; or
                    (C) any other corporation, partnership, or other 
                business association that is owned or controlled by 
                persons described in subparagraph (A) or entities 
                described in subparagraph (B).
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HR 2892 IH----2