[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1215 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1215

_______________________________________________________________________

                                 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 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.
            (7) 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.
            (8) 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.
            (9) The SPDC has integrated the Burmese military and its 
        surrogates into all facets of the economy effectively 
        destroying any free enterprise system.
            (10) 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.
            (11) 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.
            (12) 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.

SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.

    (a) General Ban.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as provided in section 9, until such time as the 
        President determines and certifies to Congress that Burma has 
        met the conditions described in paragraph (3), no article may 
        be imported into the United States that is produced, mined, 
        manufactured, grown, or assembled in 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 the terms of section 706 of the 
                Foreign Relations Authorization Act, Fiscal Year 2003 
                (Public Law 107-228), Burma has not failed demonstrably 
                to make substantial efforts to adhere to its 
                obligations under international counternarcotics 
                agreements and to take other effective counternarcotics 
                measures, including the arrest and extradition of all 
                individuals under indictment in the United States for 
                narcotics trafficking, and concrete and measurable 
                actions to stem the flow of illicit drug money into 
                Burma's banking system and economic enterprises and to 
                stop the manufacture and export of methamphetamines.
            (4) Appropriate congressional committees.--In this Act, the 
        term ``appropriate congressional committees'' means the 
        Committee on Foreign Relations, the Committee on Finance, and 
        the Committee on Appropriations of the Senate and the Committee 
        on International Relations, the Committee on Ways and Means, 
        and the Committee on Appropriations of the House of 
        Representatives.
    (b) Waiver Authorities.--
            (1) In general.--The President may waive the prohibitions 
        described in this section for any or all products imported from 
        Burma to the United States if the President determines and 
        notifies the appropriate congressional committees that to do so 
        is in the vital national security interest of the United 
        States.
            (2) International obligations.--The President may waive any 
        provision of this Act found to be in violation of any 
        international obligations of the United States pursuant to any 
        final ruling relating to Burma under the dispute settlement 
        procedures of the World Trade Organization.

SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of the Treasury shall 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 assets to the 
Office of Foreign Assets Control. The Secretary of the Treasury may 
take such action as may be necessary to secure such assets or funds.

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 
        ensure that an individual who is banned from obtaining a visa 
        by the European Union for the reasons described in paragraph 
        (1) is also 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.

    (a) In General.--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.
    (b) United States Embassy.--The United States embassy in Rangoon 
shall take all steps necessary to provide access of information and 
United States policy decisions to media organs not under the control of 
the ruling military regime.

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 appropriate congressional committees 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 appropriate congressional committees 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 that 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 
        other appropriate agencies, shall submit to the appropriate 
        congressional committees, a report on--
                    (A) 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;
                    (B) bilateral and multilateral measures undertaken 
                by the United States Government and other governments 
                to promote human rights and democracy in Burma; and
                    (C) the impact and effectiveness of the provisions 
                of this Act in furthering the policy objectives of the 
                United States toward Burma.

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).
    (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.

            Passed the Senate June 11, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1215

_______________________________________________________________________

                                 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.