[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 1092

   To impose sanctions against Burma, and countries assisting Burma, 
    unless Burma observes basic human rights and permits political 
                               freedoms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 28 (legislative day, July 10), 1995

 Mr. McConnell introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To impose sanctions against Burma, and countries assisting Burma, 
    unless Burma observes basic human rights and permits political 
                               freedoms.
    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 ``Free Burma Act of 1995''.

SEC. 2. SANCTIONS AGAINST BURMA.

    Except as provided in section 4, the following sanctions shall 
apply to Burma, effective 90 days after the date of enactment of this 
Act (or on such other date as is specified in this section):
            (1) Investments.--No United States national may make any 
        investment in Burma.
            (2) United states assistance.--United States assistance for 
        Burma is prohibited.
            (3) Trade privileges.--The President shall continue the 
        suspension of special trade privileges pursuant to the 
        Generalized System of Preferences (GSP), and shall continue the 
        suspension of nondiscriminatory trade treatment (most-favored-
        nation status), with respect to Burma.
            (4) Importation of goods.--No article which is produced, 
        manufactured, grown, or extracted in Burma may be imported into 
        the United States.
            (5) Trade and investment treaties.--The United States 
        should continue to suspend carrying out obligations under 
        bilateral trade and investment treaties with Burma.
            (6) Travel restrictions.--The Secretary of State shall 
        prohibit the use of United States passports for travel to Burma 
        except for travel by United States diplomatic personnel.
            (7) Diplomatic representation.--The President is urged not 
        to accept diplomatic representation from Burma at a level 
        greater than the level of diplomatic representation accorded 
        the United States in Burma.
            (8) Foreign assistance.--The United States shall suspend 
        assistance under the Foreign Assistance Act of 1961 and the 
        Arms Export Control Act to any foreign government which sells 
        or otherwise transfers arms to the Government of Burma.
            (9) International organizations contributions.--The United 
        States shall withhold from each international organization that 
        funds activities in Burma other than humanitarian activities an 
        amount equal to the United States proportionate share of that 
        funding.
            (10) 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.
            (11) Eminent persons group.--The President, acting through 
        the United States Permanent Representative to the United 
        Nations, should urge the United Nations to establish an eminent 
        persons group to report on compliance by the Government of 
        Burma with United Nations resolutions.
            (12) International arms embargo.--The President, acting 
        through the United States Permanent Representative to the 
        United Nations, should urge the establishment by the United 
        Nations of an international arms embargo of Burma.

SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA.

    (a) Negotiations With Trading Partners.--
            (1) In general.--Not later than 15 days after the date of 
        the enactment of this Act, the President shall initiate 
        negotiations with all foreign countries with which the United 
        States trades for the purpose of entering into agreements with 
        the countries--
                    (A) to support United States sanctions against 
                Burma, and
                    (B) to cease trade with and investment in Burma.
            (2) Certification of negotiations and agreements.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the President shall certify to the Congress each country that--
                    (A) has failed to enter into an agreement described 
                in paragraph (1), or
                    (B) has entered into such an agreement but is not 
                enforcing it.
            (3) Action by the president.--Notwithstanding any other 
        provision of law, if a certification is made with respect to 
        any country under paragraph (2) the President shall withdraw--
                    (A) any designation of such country--
                            (i) as a beneficiary developing country for 
                        purposes of title V of the Trade Act of 1974 
                        (19 U.S.C. 2461 et seq.),
                            (ii) as a beneficiary country for purposes 
                        of the Caribbean Basin Economic Recovery Act 
                        (19 U.S.C. 2701 et seq.), or
                            (iii) as a beneficiary country for purposes 
                        of the Andean Trade Preference Act (19 U.S.C. 
                        3201 et seq.),
                    (B) from such countries the benefits of any other 
                special tariff treatment program under which the 
                special rates of duty apply under column 1 of the 
                Harmonized Tariff Schedule of the United States, and
                    (C) most-favored-nation trade treatment with 
                respect to any such country.
    (b) Applicability.--
            (1) In general.--The provisions of this section apply to 
        goods entered, or withdrawn from warehouse for consumption, 
        originating in or imported from a country with respect to which 
        an action described in subsection (a)(3) has been taken, during 
        the period beginning on the date that is 15 days after the date 
        of the certification described in subsection (a)(2) and ending 
        on the date that is 15 days after the earlier of--
                    (A) the date the President certifies to the 
                Congress that such country has entered into an 
                agreement described in subsection (a)(1) and is 
                enforcing the agreement, or
                    (B) the date a certification described in section 4 
                is made.
            (2) Rate of duty during period designation is withdrawn.--
        During the period described in paragraph (1), goods entered, or 
        withdrawn from warehouse for consumption, originating in or 
        imported from a country described in subsection (a)(3) shall be 
        subject to duty at the rates of duty specified for such goods 
        under column 2 of the Harmonized Tariff Schedule of the United 
        States.

SEC. 4. CERTIFICATION.

    The sanctions of section 2 shall not apply upon the determination 
and certification by the President to the appropriate congressional 
committees that the following conditions are met:
            (1) The Government of Burma has unconditionally released 
        all political prisoners, including Aung San Suu Kyi.
            (2) The Government of Burma has fully implemented the 
        results of the 1990 elections in Burma, including the transfer 
        of power to civilian authority, the protection of basic human 
        rights, and guaranteeing the right of Burmese citizens to 
        participate freely in the political process, assuring freedom 
        of speech and the right of association and assembly.
            (3) The Government of Burma has implemented an effective 
        counternarcotics effort.

SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.

    The Secretary of the Treasury shall instruct the United States 
executive director of each multilateral financial institution to vote 
against any loan or other utilization of the facilities of the 
respective institution to or for the People's Republic of China until 
the President determines and certifies to the appropriate congressional 
committees that the People's Republic of China has terminated arms 
sales and other arms transfers to Burma.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.

    The President shall withhold all United States assistance to the 
Government of Thailand until the President determines and certifies to 
the appropriate congressional committees that the Government of 
Thailand is fully cooperating in providing support and relief for 
Burmese exiles and refugees.

SEC. 7. REPORT.

    Not later than 45 days after the date of enactment of this Act, the 
President shall submit a report to the appropriate congressional 
committees on--
            (1) the chemical and biological weapons capability of 
        Burma;
            (2) a plan to provide United States assistance in support 
        of the democracy movement active inside Burma;
            (3) the treatment by the Government of Thailand of Burmese 
        students, refugees, and exiles resident in Thailand; and
            (4) the status of arms sales and other arms transfers to 
        the Government of Burma, including the amount of expenditures 
        by the Government of Burma in the acquisition of arms.

SEC. 8. DEFINITIONS.

    As used in this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Appropriations and the Committee on Foreign Relations of the 
        Senate and the Committee on Appropriations and the Committee on 
        International Relations of the House of Representatives.
            (2) Investment.--The term ``investment'' includes any 
        contribution or commitment of funds, commodities, services, 
        patents, processes, or techniques, in the form of--
                    (A) a loan or loans;
                    (B) the purchase of a share of ownership;
                    (C) participation in royalties, earnings, or 
                profits; and
                    (D) the furnishing of commodities or services 
                pursuant to a lease or other contract.
            (3) Humanitarian activities.--The term ``humanitarian 
        activities'' means the provision of food, medicine, medical 
        supplies, or clothing and does not include cash transfers.
            (4) Financial institutions.--The term ``financial 
        institutions'' includes the International Bank for 
        Reconstruction and Development, the International Development 
        Association, the Asian Development Bank, and the International 
        Monetary Fund.
            (5) 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 agency or instrumentality of the United 
        States Government to any foreign country, including--
                    (A) assistance under the Foreign Assistance Act of 
                1961 (including programs under title IV of chapter 2 of 
                part I of the Act);
                    (B) sales, credits, and guaranties under the Arms 
                Export Control Act (22 U.S.C. 2751 et seq.);
                    (C) sales under title I (7 U.S.C.A. 1701 et seq.) 
                or III (17 U.S.C.A. 1727 et seq.) and donations under 
                title II (17 U.S.C.A. 1721 et seq.) of the Agricultural 
                Trade Development and Assistance Act of 1954 of nonfood 
                commodities;
                    (D) other financing programs of the Commodity 
                Credit Corporation for export sales of nonfood 
                commodities; and
                    (E) financing under the Export-Import Bank Act of 
                1945 (12 U.S.C.A. 635 et seq.).
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