[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3890 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     December 19, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
3890) entitled ``An Act to amend the Burmese Freedom and Democracy Act 
of 2003 to impose import sanctions on Burmese gemstones, expand the 
number of individuals against whom the visa ban is applicable, expand 
the blocking of assets and other prohibited activities, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Burma Democracy Promotion Act of 
2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Beginning on August 19, 2007, hundreds of thousands of 
        citizens of Burma, including thousands of Buddhist monks and 
        students, participated in peaceful demonstrations against 
        rapidly deteriorating living conditions and the violent and 
        repressive policies of the State Peace and Development Council, 
        the ruling military regime in Burma--
                    (A) to demand the release of all political 
                prisoners, including 1991 Nobel Peace Prize winner Aung 
                San Suu Kyi; and
                    (B) to urge the SPDC to engage in meaningful 
                dialogue to pursue national reconciliation.
            (2) The SPDC violently confronted unarmed demonstrators, 
        killing, injuring, and imprisoning citizens, including several 
        thousand Buddhist monks, and continues to forcefully restrict 
        peaceful forms of public expression.
            (3) The Department of State's 2006 Country Reports on Human 
        Rights Practices found that the SPDC--
                    (A) routinely restricts freedoms of speech, press, 
                assembly, association, religion, and movement;
                    (B) traffics in persons;
                    (C) discriminates against women and ethnic 
                minorities;
                    (D) forcibly recruits child soldiers and child 
                labor; and
                    (E) commits other serious violations of human 
                rights, including extrajudicial killings, custodial 
                deaths, disappearances, rape, torture, abuse of 
                prisoners and detainees, and the imprisonment of 
                citizens arbitrarily for political motives.
            (4) Aung San Suu Kyi has been arbitrarily imprisoned or 
        held under house arrest for more than 12 years.
            (5) On September 25, 2007, President Bush announced that 
        the United States would--
                    (A) tighten economic sanctions against Burma, and 
                block property and interests in property of--
                            (i) certain senior leaders of the SPDC;
                            (ii) individuals who provide financial 
                        backing for the SPDC; and
                            (iii) individuals responsible for 
                        violations of human rights and for impeding the 
                        transition to democracy in Burma; and
                    (B) impose an expanded visa ban on individuals--
                            (i) responsible for violations of human 
                        rights; and
                            (ii) who aid, abet, or benefit from the 
                        efforts of the SPDC to impede the efforts of 
                        the people of Burma to transition to democracy 
                        and ensure respect for human dignity.
            (6) The Burmese regime and its supporters finance their 
        ongoing violations of human rights, undemocratic policies, and 
        military activities through financial transactions, travel, and 
        trade involving the United States, including the sale of 
        gemstones and hardwoods.
            (7) The SPDC seeks to evade the sanctions imposed in the 
        Burmese Freedom and Democracy Act of 2003. Millions of dollars 
        in gemstones that are exported from Burma ultimately enter the 
        United States, but the Burmese regime attempts to conceal the 
        origin of the gemstones in an effort to evade sanctions. For 
        example, over 90 percent of the world's ruby supply originates 
        in Burma but only 3 percent of the rubies entering the United 
        States are claimed to be of Burmese origin. The value of 
        Burmese gemstones is predominantly based on their original 
        quality and geological origin, rather than the labor involved 
        in cutting and polishing the gemstones.
            (8) Burma is home to approximately 60 percent of the 
        world's native teak reserves. More than \1/4\ of the world's 
        internationally traded teak originates from Burma, and hardwood 
        sales, mainly of teak, represent more than 11 percent of 
        Burma's official foreign exchange earnings.
            (9) Burma officially exports tens of millions of dollars 
        worth of rubies, sapphires, pearls, jade, and other precious 
        stones each year and the SPDC owns a majority stake in all 
        mining operations within the borders of Burma.
            (10) On October 11, 2007, the United Nations Security 
        Council, with the consent of the People's Republic of China, 
        issued a statement condemning the violence in Burma, urging the 
        release of all political prisoners, and calling on the SPDC to 
        enter into a United Nations-mediated dialogue with its 
        political opposition.
            (11) The United Nations special envoy Ibrahim Gambari 
        traveled to Burma from September 29, 2007, through October 2, 
        2007, holding meetings with SPDC leader General Than Shwe and 
        democracy advocate Aung San Suu Kyi in an effort to promote 
        dialogue between the SPDC and democracy advocates.
            (12) The leaders of the SPDC will have a greater incentive 
        to cooperate with diplomatic efforts by the United Nations, the 
        Association of Southeast Asian Nations, and the People's 
        Republic of China if they come under targeted economic pressure 
        that denies them access to personal wealth and sources of 
        revenue.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Account; correspondent account; payable-through 
        account.--The terms ``account'', ``correspondent account'', and 
        ``payable-through account'' have the meanings given the terms 
        in section 5318A(e)(1) of title 31, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Finance of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Ways and Means of the House of 
                Representatives.
            (3) ASEAN.--The term ``ASEAN'' means the Association of 
        Southeast Asian Nations.
            (4) Person.--The term ``person'' means--
                    (A) an individual, corporation, company, business 
                association, partnership, society, trust, any other 
                nongovernmental entity, organization, or group; and
                    (B) any successor, subunit, or subsidiary of any 
                person described in subparagraph (A).
            (5) SPDC.--The term ``SPDC'' means the State Peace and 
        Development Council, the ruling military regime in Burma.
            (6) United states person.--The term ``United States 
        person'' means any United States citizen, permanent resident 
        alien, juridical person organized under the laws of the United 
        States (including foreign branches), or any person in the 
        United States.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) condemn the continued repression carried out by the 
        SPDC;
            (2) work with the international community, especially the 
        People's Republic of China, India, Thailand, and ASEAN, to 
        foster support for the legitimate democratic aspirations of the 
        people of Burma and to coordinate efforts to impose sanctions 
        on those directly responsible for human rights abuses in Burma;
            (3) provide all appropriate support and assistance to aid a 
        peaceful transition to constitutional democracy in Burma;
            (4) support international efforts to alleviate the 
        suffering of Burmese refugees and address the urgent 
        humanitarian needs of the Burmese people; and
            (5) identify individuals responsible for the repression of 
        peaceful political activity in Burma and hold them accountable 
        for their actions.

SEC. 5. SANCTIONS.

    (a) List of Officials of the SPDC.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a list of--
                    (A) officials of the SPDC who have played a direct 
                and substantial role in the repression of peaceful 
                political activity in Burma or in the commission of 
                other human rights abuses, including any current or 
                former officials of the security services and judicial 
                institutions of the SPDC; and
                    (B) any other Burmese persons who provide 
                substantial economic and political support for the 
                SPDC.
            (2) Updates.--The President shall regularly submit updated 
        versions of the list required under paragraph (1).
    (b) Sanctions.--
            (1) Visa ban.--A person included on the list required under 
        subsection (a) shall be ineligible for a visa to enter the 
        United States.
            (2) Financial sanctions.--
                    (A) Blocked property.--No property or interest in 
                property belonging to a person described in 
                subparagraph (C) may be transferred, paid, exported, 
                withdrawn, or otherwise dealt with if--
                            (i) the property is located in the United 
                        States or within the possession or control of a 
                        United States person, including the overseas 
                        branch of a United States person; or
                            (ii) the property comes into the possession 
                        or control of a United States person after the 
                        date of the enactment of this Act.
                    (B) Financial transactions.--Except with respect to 
                transactions authorized under Executive Orders 13047 
                (May 20, 1997) and 13310 (July 28, 2003), no United 
                States person may engage in a financial transaction 
                with the SPDC or with a person described in 
                subparagraph (C).
                    (C) Person described.--A person is described in 
                this subparagraph if the person is--
                            (i) an official of the SPDC;
                            (ii) included on the list required under 
                        subsection (a); or
                            (iii) an immediate family member of a 
                        person included on the list required under 
                        subsection (a), if the President determines 
                        that the person included on the list--
                                    (I) effectively controls the 
                                property, for purposes of subparagraph 
                                (A); or
                                    (II) would benefit from a financial 
                                transaction, for purposes of 
                                subparagraph (B).
    (c) Authority for Additional Banking Sanctions.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of State, the Attorney General 
        of the United States, and the Chairman of the Board of 
        Governors of the Federal Reserve System, may prohibit or impose 
        conditions on the opening or maintaining in the United States 
        of a correspondent account or payable-through account by any 
        financial institution (as that term is defined in section 5312 
        of title 31, United States Code) or financial agency that is 
        organized under the laws of a State, territory, or possession 
        of the United States, for or on behalf of a foreign banking 
        institution, if the Secretary determines that the account might 
        be used--
                    (A) by a foreign banking institution that holds 
                property or an interest in property belonging to a 
                person on the list required under subsection (a); or
                    (B) to conduct a transaction on behalf of a person 
                on the list required under subsection (a).
            (2) Authority to define terms.--The Secretary of the 
        Treasury may, by regulation, further define the terms used in 
        paragraph (1) for purposes of this section, as the Secretary 
        considers appropriate.
    (d) Rule of Construction.--Nothing in this section may be construed 
to prohibit any contract or other financial transaction with any 
nongovernmental humanitarian organization in Burma.
    (e) Exceptions.--
            (1) In general.--The prohibitions and restrictions 
        described in subsections (b) and (c) shall not apply to 
        medicine, medical equipment or supplies, food or feed, or any 
        other form of humanitarian assistance provided to Burma as 
        relief in response to a humanitarian crisis.
            (2) Additional exceptions.--The Secretary of the Treasury 
        may, by regulation, authorize exceptions to the prohibitions 
        and restrictions described in subsection (b) and (c)--
                    (A) to permit the United States to operate its 
                diplomatic mission;
                    (B) to permit United States citizens to visit 
                Burma; and
                    (C) for such other purposes as the Secretary 
                determines to be necessary.
    (f) Penalties.--Any person who violates any prohibition or 
restriction described in subsection (b) or (c) shall be subject to the 
penalties under section 6 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) to the same extent as for a violation under 
that Act.
    (g) Termination of Sanctions.--The sanctions imposed under 
subsection (b) or (c) shall apply until the President determines and 
certifies to the appropriate congressional committees that the SPDC 
has--
            (1) unconditionally released all political prisoners, 
        including Aung San Suu Kyi and other members of the National 
        League for Democracy;
            (2) entered into a substantive dialogue with democratic 
        forces led by the National League for Democracy and the ethnic 
        minorities of Burma on transitioning to democratic government 
        under the rule of law; and
            (3) allowed humanitarian access to populations affected by 
        armed conflict in all regions of Burma.
    (h) Waiver.--The sanctions described in subsection (b) or (c) may 
be waived if the President determines and certifies to the appropriate 
congressional committees that such waiver is in the national interest 
of the United States.

SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND 
              OTHER ITEMS.

    Section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003 
(50 U.S.C. 1701 note) is amended by striking ``a product of Burma.'' 
and inserting ``produced, mined, manufactured, grown, or assembled in 
Burma, including--
                    ``(A) any gemstone or rough unfinished geological 
                material mined or extracted from Burma, whether 
                imported as a loose item or as a component of a 
                finished piece of jewelry; and
                    ``(B) any teak or other hardwood timber, regardless 
                of the country in which such hardwood timber is milled, 
                sawn, or otherwise processed, whether imported in 
                unprocessed form or as a part or component of finished 
                furniture or another wood item.''.

SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR BURMA.

    (a) United States Special Representative and Policy Coordinator for 
Burma.--The President shall appoint a Special Representative and Policy 
Coordinator for Burma, by and with the advice and consent of the 
Senate.
    (b) Rank.--The Special Representative and Policy Coordinator for 
Burma appointed under subsection (a) shall have the rank of ambassador 
and shall hold the office at the pleasure of the President.
    (c) Duties and Responsibilities.--The Special Representative and 
Policy Coordinator for Burma shall--
            (1) promote a comprehensive international effort, including 
        multilateral sanctions, direct dialogue with the SPDC and 
        democracy advocates, and support for nongovernmental 
        organizations operating in Burma and neighboring countries, 
        designed to restore civilian democratic rule to Burma and 
        address the urgent humanitarian needs of the Burmese people;
            (2) consult broadly, including with the Governments of the 
        People's Republic of China, India, Thailand, and Japan, and the 
        members of ASEAN and the European Union to coordinate policies 
        toward Burma;
            (3) assist efforts by the United Nations Special Envoy to 
        secure the release of all political prisoners in Burma and to 
        promote dialogue between the SPDC and leaders of Burma's 
        democracy movement, including Aung San Suu Kyi;
            (4) consult with Congress on policies relevant to Burma and 
        the future and welfare of all the Burmese people, including 
        refugees; and
            (5) coordinate the imposition of Burma sanctions within the 
        United States Government and with the relevant international 
        financial institutions.

SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE ASSOCIATION OF 
              SOUTHEAST ASIAN NATIONS.

    It is the sense of Congress that the United States--
            (1) joins the foreign ministers of member nations of ASEAN 
        that have expressed concern over the human rights situation in 
        Burma;
            (2) encourages ASEAN to take more substantial steps to 
        ensure a peaceful transition to democracy in Burma;
            (3) welcomes steps by ASEAN to strengthen its internal 
        governance through the adoption of a formal ASEAN charter;
            (4) urges ASEAN to ensure that all members live up to their 
        membership obligations and adhere to the core principles of 
        ASEAN, including respect for, and commitment to, human rights; 
        and
            (5) would welcome a decision by ASEAN, consistent with its 
        core documents and its new charter, to review Burma's 
        membership in ASEAN and consider appropriate disciplinary 
        measures, including suspension, until such time as the 
        Government of Burma has demonstrated an improved respect for, 
        and commitment to, human rights.

SEC. 9. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

    (a) In General.--The President is authorized to assist Burmese 
democracy activists who are dedicated to nonviolent opposition to the 
SPDC in their efforts to promote freedom, democracy, and human rights 
in Burma.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to the Secretary of State for fiscal year 2008 
to--
            (1) provide aid to democracy activists in Burma;
            (2) provide aid to individuals and groups conducting 
        democracy programming outside of Burma targeted at a peaceful 
        transition to constitutional democracy inside Burma; and
            (3) expand radio and television broadcasting into Burma.

SEC. 10. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE 
              HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

    (a) Sense of Congress.--It is the sense of Congress that the 
international community should increase support for nongovernmental 
organizations attempting to meet the urgent humanitarian needs of the 
Burmese people.
    (b) Licenses for Humanitarian or Religious Activities in Burma.--
Section 5 of the Burmese Freedom and Democracy Act of 2003 (50 U.S.C. 
1701) is amended--
            (1) by inserting ``(a) Opposition to Assistance to Burma'' 
        before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Licenses for Humanitarian or Religious Activities in Burma.--
Notwithstanding any other provision of law, the Secretary of the 
Treasury is authorized to issue multi-year licenses for humanitarian or 
religious activities in Burma. Licenses issued pursuant to this section 
shall be subject to annual review.''.
    (c) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated $11,000,000 to the Secretary of 
        State for fiscal year 2008 to support operations by 
        nongovernmental organizations designed to address the 
        humanitarian needs of the Burmese people inside Burma and in 
        refugee camps in neighboring countries.
            (2) Limitation.--
                    (A) In general.--Except as provided under 
                subparagraph (B), amounts appropriated pursuant to 
                paragraph (1) may not be provided to--
                            (i) SPDC-controlled entities;
                            (ii) entities run by members of the SPDC or 
                        their families; or
                            (iii) entities providing cash or resources 
                        to the SPDC, including organizations affiliated 
                        with the United Nations.
                    (B) Waiver.--The President may waive the funding 
                restriction described in subparagraph (A) if--
                            (i) the President determines and certifies 
                        to the appropriate congressional committees 
                        that such waiver is in the national security 
                        interests of the United States;
                            (ii) a description of the national security 
                        need for the waiver is submitted to the 
                        appropriate congressional committees; and
                            (iii) the description submitted under 
                        clause (ii) is posted on a publicly accessible 
                        Internet Web site of the Department of State.

SEC. 11. REPORT ON MILITARY AID TO BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit a report to 
the appropriate congressional committees that--
            (1) contains a list of countries that provide military aid 
        to Burma; and
            (2) describes the military aid provided by each of the 
        countries described in paragraph (1).
    (b) Military Aid Defined.--In this section, the term ``military 
aid'' includes--
            (1) the provision of weapons, military vehicles, and 
        military aircraft;
            (2) the provision of military training; and
            (3) conducting joint military exercises.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form and may include a classified annex.

SEC. 12. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO BURMA.

    It is the sense of Congress that the United States should lead 
efforts in the United Nations Security Council to impose a mandatory 
international arms embargo on Burma, curtailing all sales of weapons, 
ammunition, military vehicles, and military aircraft to Burma until the 
SPDC releases all political prisoners, restores constitutional rule, 
and holds free and fair elections to establish a new government.

            Amend the title so as to read: ``An Act to impose sanctions 
        on officials of the State Peace and Development Council in 
        Burma, to amend the Burmese Freedom and Democracy Act of 2003 
        to prohibit the importation of gemstones and hardwoods from 
        Burma, to promote a coordinated international effort to restore 
        civilian democratic rule to Burma, and for other purposes.''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 3890

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                               AMENDMENTS