[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2330 Enrolled Bill (ENR)]
H.R.2330
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To sanction the ruling Burmese military junta, to strengthen Burma's
democratic forces and support and recognize the National League of
Democracy as the legitimate representative of the Burmese people, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burmese Freedom and Democracy Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has failed
to transfer power to the National League for Democracy (NLD) whose
parliamentarians won an overwhelming victory in the 1990 elections
in Burma.
(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed the
efforts of United Nations Special Envoy Razali bin Ismail to
further such dialogue.
(3) According to the State Department's ``Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma'' dated March 28, 2003, the SPDC has become ``more
confrontational'' in its exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued support
for the NLD throughout Burma, brutally attacked NLD supporters,
killed and injured scores of civilians, and arrested democracy
advocate Aung San Suu Kyi and other activists.
(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation and
torture against women, and forcibly conscripts child-soldiers for
the use in fighting indigenous ethnic groups.
(6) The SPDC is engaged in ethnic cleansing against minorities
within Burma, including the Karen, Karenni, and Shan people, which
constitutes a crime against humanity and has directly led to more
than 600,000 internally displaced people living within Burma and
more than 130,000 people from Burma living in refugee camps along
the Thai-Burma border.
(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional beliefs.
(8) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and methamphetamines
being grown, refined, manufactured, and transported in areas under
the control of the SPDC serving to flood the region and much of the
world with these illicit drugs.
(9) The SPDC provides safety, security, and engages in business
dealings with narcotics traffickers under indictment by United
States authorities, and other producers and traffickers of
narcotics.
(10) The International Labor Organization (ILO), for the first
time in its 82-year history, adopted in 2000, a resolution
recommending that governments, employers, and workers organizations
take appropriate measures to ensure that their relations with the
SPDC do not abet the government-sponsored system of forced,
compulsory, or slave labor in Burma, and that other international
bodies reconsider any cooperation they may be engaged in with Burma
and, if appropriate, cease as soon as possible any activity that
could abet the practice of forced, compulsory, or slave labor.
(11) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively destroying
any free enterprise system.
(12) Investment in Burmese companies and purchases from them
serve to provide the SPDC with currency that is used to finance its
instruments of terror and repression against the Burmese people.
(13) On April 15, 2003, the American Apparel and Footwear
Association expressed its ``strong support for a full and immediate
ban on U.S. textiles, apparel and footwear imports from Burma'' and
called upon the United States Government to ``impose an outright
ban on U.S. imports'' of these items until Burma demonstrates
respect for basic human and labor rights of its citizens.
(14) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD as
the legitimate representative of the Burmese people as determined
by the 1990 election.
(15) The United States must work closely with other nations,
including Thailand, a close ally of the United States, to highlight
attention to the SPDC's systematic abuses of human rights in Burma,
to ensure that nongovernmental organizations promoting human rights
and political freedom in Burma are allowed to operate freely and
without harassment, and to craft a multilateral sanctions regime
against Burma in order to pressure the SPDC to meet the conditions
identified in section 3(a)(3) of this Act.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) General Ban.--
(1) In general.--Notwithstanding any other provision of law,
until such time as the President determines and certifies to
Congress that Burma has met the conditions described in paragraph
(3), beginning 30 days after the date of the enactment of this Act,
the President shall ban the importation of any article that is a
product of Burma.
(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among other
entities--
(A) the SPDC, any ministry of the SPDC, a member of the
SPDC or an immediate family member of such member;
(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
(D) the Myanmar Economic Corporation (MEC) or any company
in which the MEC has a fiduciary interest;
(E) the Union Solidarity and Development Association
(USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
(3) Conditions described.--The conditions described in this
paragraph are the following:
(A) The SPDC has made substantial and measurable progress
to end violations of internationally recognized human rights
including rape, and the Secretary of State, after consultation
with the ILO Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically violates
workers rights, including the use of forced and child labor,
and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of religion; and
(v) bringing to a conclusion an agreement between the
SPDC and the democratic forces led by the NLD and Burma's
ethnic nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
(C) Pursuant to section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228), Burma
has not been designated as a country that has failed
demonstrably to make substantial efforts to adhere to its
obligations under international counternarcotics agreements and
to take other effective counternarcotics measures, including,
but not limited to (i) the arrest and extradition of all
individuals under indictment in the United States for narcotics
trafficking, (ii) concrete and measurable actions to stem the
flow of illicit drug money into Burma's banking system and
economic enterprises, and (iii) actions to stop the manufacture
and export of methamphetamines.
(4) Appropriate congressional committees.--In this subsection,
the term ``appropriate congressional committees'' means the
Committees on Foreign Relations and Appropriations of the Senate
and the Committees on International Relations and Appropriations of
the House of Representatives.
(b) Waiver Authorities.--The President may waive the prohibitions
described in this section for any or all articles that are a product of
Burma if the President determines and notifies the Committees on
Appropriations, Finance, and Foreign Relations of the Senate and the
Committees on Appropriations, International Relations, and Ways and
Means of the House of Representatives that to do so is in the national
interest of the United States.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
(a) Reporting Requirement.--Not later than 60 days after the date
of enactment of this Act, the President shall take such action as is
necessary to direct, and promulgate regulations to the same, that any
United States financial institution holding funds belonging to the SPDC
or the assets of those individuals who hold senior positions in the
SPDC or its political arm, the Union Solidarity Development
Association, shall promptly report those funds or assets to the Office
of Foreign Assets Control.
(b) Additional Authority.--The President may take such action as
may be necessary to impose a sanctions regime to freeze such funds or
assets, subject to such terms and conditions as the President
determines to be appropriate.
(c) Delegation.--The President may delegate the duties and
authorities under this section to such Federal officers or other
officials as the President deems appropriate.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or financial
or technical assistance to Burma until such time as the conditions
described in section 3(a)(3) are met.
SEC. 6. EXPANSION OF VISA BAN.
(a) In General.--
(1) Visa ban.--The President is authorized to deny visas and
entry to the former and present leadership of the SPDC or the Union
Solidarity Development Association.
(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to allow
officials of the United States and the European Union to ensure a
high degree of coordination of lists of individuals banned from
obtaining a visa by the European Union for the reason described in
paragraph (1) and those banned from receiving a visa from the
United States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose entry into
the United States is banned under subsection (a).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
Congress encourages the Secretary of State to highlight the abysmal
record of the SPDC to the international community and use all
appropriate fora, including the Association of Southeast Asian Nations
Regional Forum and Asian Nations Regional Forum, to encourage other
states to restrict financial resources to the SPDC and Burmese
companies while offering political recognition and support to Burma's
democratic movement including the National League for Democracy and
Burma's ethnic groups.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) In General.--The President is authorized to use all available
resources to assist Burmese democracy activists dedicated to nonviolent
opposition to the regime in their efforts to promote freedom,
democracy, and human rights in Burma, including a listing of
constraints on such programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the date of
enactment of this Act, the Secretary of State shall provide the
Committees on Appropriations and Foreign Relations of the Senate
and the Committees on Appropriations and International Relations of
the House of Representatives a comprehensive report on its short-
and long-term programs and activities to support democracy
activists in Burma, including a list of constraints on such
programming.
(2) Report on resources.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall provide
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives a report identifying
resources that will be necessary for the reconstruction of Burma,
after the SPDC is removed from power, including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
(E) providing health, educational, and economic
development.
(3) Report on trade sanctions.--Not later than 90 days before
the date on which the import restrictions contained in section
3(a)(1) are to expire, the Secretary of State, in consultation with
the United States Trade Representative and the heads of appropriate
agencies, shall submit to the Committees on Appropriations,
Finance, and Foreign Relations of the Senate, and the Committees on
Appropriations, International Relations, and Ways and Means of the
House of Representatives, a report on--
(A) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote human
rights and democracy in Burma;
(B) the extent to which actions related to trade with Burma
taken pursuant to this Act have been effective in--
(i) improving conditions in Burma, including human
rights violations, arrest and detention of democracy
activists, forced and child labor, and the status of
dialogue between the SPDC and the NLD and ethnic
minorities;
(ii) furthering the policy objections of the United
States toward Burma; and
(C) the impact of actions relating to trade take pursuant
to this Act on other national security, economic, and foreign
policy interests of the United States, including relations with
countries friendly to the United States.
SEC. 9. DURATION OF SANCTIONS.
(a) Termination by Request From Democratic Burma.--The President
may terminate any provision in this Act upon the request of a
democratically elected government in Burma, provided that all the
conditions in section 3(a)(3) have been met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in section
3(a)(1) shall expire 1 year from the date of enactment of this Act
unless renewed under paragraph (2) of this section.
(2) Resolution by congress.--The import restrictions contained
in section 3(a)(1) may be renewed annually for a 1-year period if,
prior to the anniversary of the date of enactment of this Act, and
each year thereafter, a renewal resolution is enacted into law in
accordance with subsection (c).
(3) Limitation.--The import restrictions contained in section
3(a)(1) may be renewed for a maximum of three years from the date
of the enactment of this Act.
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the 2 Houses of
Congress, the sole matter after the resolving clause of which is as
follows: ``That Congress approves the renewal of the import
restrictions contained in section 3(a)(1) of the Burmese Freedom
and Democracy Act of 2003.''.
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of Congress by
any member of such House at any time within the 90-day
period before the expiration of the import restrictions
contained in section 3(a)(1); and
(ii) the provisions of subparagraph (B) shall apply.
(B) Expedited consideration.--The provisions of section
152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.