[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1511 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1511

                     To impose sanctions on Burma.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 29, 1995

 Mr. McConnell (for himself, Mr. Moynihan, Mr. D'Amato, and Mr. Leahy) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
                     To impose sanctions on Burma.

    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.

    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, 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, denied GSP trade 
        preferences, 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 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.
            (11) Since the release of Daw Aung San Suu Kyi, 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.

SEC. 3. DECLARATION OF POLICY.

    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 
        Committee 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; and
            (4) to expand contact with the democratically elected 
        leaders of Burma through the United States mission in Rangoon 
        in order to facilitate the democratic process in Burma.

SEC. 4. SANCTIONS.

    (a) Prohibition.--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--
            (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.--United States nationals shall not 
        make any investment in Burma.
            (2) United states assistance.--United States assistance for 
        Burma is prohibited.
            (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) Admission to united states.--Except as required by 
        treaty obligations, any Burmese national who formulates, 
        implements, or benefits from policies which hinder the 
        transition of Burma to a democratic country, and any member of 
        the immediate family of such national, shall be ineligible to 
        receive a visa and shall be excluded from admission into the 
        United States.
    (c) Discretionary Sanctions.--
            (1) Import sanctions.--The President is authorized to 
        prohibit the importation into the United States of articles 
        which are produced, manufactured, grown, or extracted in Burma.
            (2) Ban on travel to burma.--The Secretary of State may 
        prohibit the use of United States passports for travel to 
        Burma, except for travel by United States officials.
            (3) 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.
            (4) Contributions to international financial 
        institutions.--The President is authorized to 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.

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. 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) 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.
            (3) 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.
            (4) 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.
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