[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3890 Enrolled Bill (ENR)]

        H.R.3890

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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 exempt humanitarian assistance from United States sanctions on Burma, 
 to prohibit the importation of gemstones from Burma, or that originate 
   in Burma, to promote a coordinated international effort to restore 
       civilian democratic rule to Burma, 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 ``Tom Lantos Block Burmese JADE 
(Junta's Anti-Democratic Efforts) Act of 2008''.

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 (SPDC), 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 regime to engage in meaningful dialogue to 
        pursue national reconciliation.
        (2) The Burmese regime responded to these peaceful protests 
    with a violent crackdown leading to the reported killing of 
    approximately 200 people, including a Japanese photojournalist, and 
    hundreds of injuries. Human rights groups further estimate that 
    over 2,000 individuals have been detained, arrested, imprisoned, 
    beaten, tortured, or otherwise intimidated as part of this 
    crackdown. Burmese military, police, and their affiliates in the 
    Union Solidarity Development Association (USDA) perpetrated almost 
    all of these abuses. The Burmese regime continues to detain, 
    torture, and otherwise intimidate those individuals whom it 
    believes participated in or led the protests and it has closed down 
    or otherwise limited access to several monasteries and temples that 
    played key roles in the peaceful protests.
        (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) In October 2007, President Bush announced a new Executive 
    Order to tighten economic sanctions against Burma and block 
    property and travel to the United States by certain senior leaders 
    of the SPDC, individuals who provide financial backing for the 
    SPDC, and individuals responsible for human rights violations and 
    impeding democracy in Burma. Additional names were added in updates 
    done on October 19, 2007, and February 5, 2008. However, only 38 
    discrete individuals and 13 discrete companies have been designated 
    under those sanctions, once aliases and companies with similar 
    names were removed. By contrast, the Australian Government 
    identified more than 400 individuals and entities subject to its 
    sanctions applied in the wake of the 2007 violence. The European 
    Union's regulations to implement sanctions against Burma have 
    identified more than 400 individuals among the leadership of 
    government, the military, and the USDA, along with nearly 1300 
    state and military-run companies potentially subject to its 
    sanctions.
        (6) The Burmese regime and its supporters finance their ongoing 
    violations of human rights, undemocratic policies, and military 
    activities in part through financial transactions, travel, and 
    trade involving the United States, including the sale of petroleum 
    products, gemstones and hardwoods.
        (7) In 2006, the Burmese regime earned more than $500 million 
    from oil and gas projects, over $500 million from sale of 
    hardwoods, and in excess of $300 million from the sale of rubies 
    and jade. At least $500 million of the $2.16 billion earned in 2006 
    from Burma's two natural gas pipelines, one of which is 28 percent 
    owned by a United States company, went to the Burmese regime. The 
    regime has earned smaller amounts from oil and gas exploration and 
    non-operational pipelines but United States investors are not 
    involved in those transactions. Industry sources estimate that over 
    $100 million annually in Burmese rubies and jade enters the United 
    States. Burma's official statistics report that Burma exported $500 
    million in hardwoods in 2006 but NGOs estimate the true figure to 
    exceed $900 million. Reliable statistics on the amount of hardwoods 
    imported into the United States from Burma in the form of finished 
    products are not available, in part due to widespread illegal 
    logging and smuggling.
        (8) 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, 
    according to gem industry experts, 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.
        (9) According to hardwood industry experts, 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.
        (10) The SPDC owns a majority stake in virtually all 
    enterprises responsible for the extraction and trade of Burmese 
    natural resources, including all mining operations, the Myanmar 
    Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl 
    Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all 
    profits from these enterprises enrich the SPDC.
        (11) 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.
        (12) 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.
        (13) 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.
        (14) On the night of May 2, 2008, through the morning of May 3, 
    2008, tropical cyclone Nargis struck the coast of Burma, resulting 
    in the deaths of tens of thousands of Burmese.
        (15) The response to the cyclone by Burma's military leaders 
    illustrates their fundamental lack of concern for the welfare of 
    the Burmese people. The regime did little to warn citizens of the 
    cyclone, did not provide adequate humanitarian assistance to 
    address basic needs and prevent loss of life, and continues to fail 
    to provide life-protecting and life-sustaining services to its 
    people.
        (16) The international community responded immediately to the 
    cyclone and attempted to provide humanitarian assistance. More than 
    30 disaster assessment teams from 18 different nations and the 
    United Nations arrived in the region, but the Burmese regime denied 
    them permission to enter the country. Eventually visas were granted 
    to aid workers, but the regime continues to severely limit their 
    ability to provide assistance in the affected areas.
        (17) Despite the devastation caused by Cyclone Nargis, the 
    junta went ahead with its referendum on a constitution drafted by 
    an illegitimate assembly, conducting voting in unaffected areas on 
    May 10, 2008, and in portions of the affected Irrawaddy region and 
    Rangoon on May 26, 2008.

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) Visa Ban.--
        (1) In general.--The following persons shall be ineligible for 
    a visa to travel to the United States:
            (A) Former and present leaders of the SPDC, the Burmese 
        military, or the USDA.
            (B) Officials of the SPDC, the Burmese military, or the 
        USDA involved in the repression of peaceful political activity 
        or in other gross violations of human rights 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.
            (C) Any other Burmese persons who provide substantial 
        economic and political support for the SPDC, the Burmese 
        military, or the USDA.
            (D) The immediate family members of any person described in 
        subparagraphs (A) through (C).
        (2) Waiver.--The President may waive the visa ban described in 
    paragraph (1) only if the President determines and certifies in 
    writing to Congress that travel by the person seeking such a waiver 
    is in the national interests of the United States.
        (3) Rule of construction.--Nothing in this subsection shall be 
    construed to conflict with the provisions of section 694 of the 
    Consolidated Appropriations Act, 2008 (Public Law 110-161), nor 
    shall this subsection be construed to make ineligible for a visa 
    members of ethnic groups in Burma now or previously opposed to the 
    regime who were forced to provide labor or other support to the 
    Burmese military and who are otherwise eligible for admission into 
    the United States.
    (b) Financial Sanctions.--
        (1) Blocked property.--No property or interest in property 
    belonging to a person described in subsection (a)(1) may be 
    transferred, paid, exported, withdrawn, or otherwise dealt with 
    if--
            (A) 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
            (B) the property comes into the possession or control of a 
        United States person after the date of the enactment of this 
        Act.
        (2) 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 
    subsection (a)(1).
        (3) Prohibited activities.--Activities prohibited by reason of 
    the blocking of property and financial transactions under this 
    subsection shall include the following:
            (A) Payments or transfers of any property, or any 
        transactions involving the transfer of anything of economic 
        value by any United States person, including any United States 
        financial institution and any branch or office of such 
        financial institution that is located outside the United 
        States, to the SPDC or to an individual described in subsection 
        (a)(1).
            (B) The export or reexport directly or indirectly, of any 
        goods, technology, or services by a United States person to the 
        SPDC, to an individual described in subsection (a)(1) or to any 
        entity owned, controlled, or operated by the SPDC or by an 
        individual described in such subsection.
    (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 the SPDC or a person 
        described in subsection (a)(1); or
            (B) to conduct a transaction on behalf of the SPDC or a 
        person described in subsection (a)(1).
        (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) List of Sanctioned Officials.--
        (1) In general.--Not later than 120 days after the date of the 
    enactment of this Act, the President shall transmit to the 
    appropriate congressional committees a list of--
            (A) former and present leaders of the SPDC, the Burmese 
        military, and the USDA;
            (B) officials of the SPDC, the Burmese military, or the 
        USDA involved 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;
            (C) any other Burmese persons or entities who provide 
        substantial economic and political support for the SPDC, the 
        Burmese military, or the USDA; and
            (D) the immediate family members of any person described in 
        subparagraphs (A) through (C) whom the President determines 
        effectively controls property in the United States or has 
        benefitted from a financial transaction with any United States 
        person.
        (2) Consideration of other data.--In preparing the list 
    required under paragraph (1), the President shall consider the data 
    already obtained by other countries and entities that apply 
    sanctions against Burma, such as the Australian Government and the 
    European Union.
        (3) Updates.--The President shall transmit to the appropriate 
    congressional committees updated lists of the persons described in 
    paragraph (1) as new information becomes available.
        (4) Identification of information.--The Secretary of State and 
    the Secretary of the Treasury shall devote sufficient resources to 
    the identification of information concerning potential persons to 
    be sanctioned to carry out the purposes described in this Act.
    (e) 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.
    (f) 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.
        (2) Regulatory exceptions.--For the following purposes, the 
    Secretary of State may, by regulation, authorize exceptions to the 
    prohibition and restrictions described in subsection (a), and the 
    Secretary of the Treasury may, by regulation, authorize exceptions 
    to the prohibitions and restrictions described in subsections (b) 
    and (c)--
            (A) to permit the United States and Burma to operate their 
        diplomatic missions, and to permit the United States to conduct 
        other official United States Government business in Burma;
            (B) to permit United States citizens to visit Burma; and
            (C) to permit the United States to comply with the United 
        Nations Headquarters Agreement and other applicable 
        international agreements.
    (g) Penalties.--Any person who violates any prohibition or 
restriction imposed pursuant to 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.
    (h) Termination of Sanctions.--The sanctions imposed under 
subsection (a), (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.
    (i) Waiver.--The President may waive the sanctions described in 
subsections (b) and (c) 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. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.

    (a) In General.--The Burmese Freedom and Democracy Act of 2003 
(Public Law 108-61; 50 U.S.C. 1701 note) is amended by inserting after 
section 3 the following new section:

``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA 
              AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM 
              BURMA.

    ``(a) Definitions.--In this section:
        ``(1) Appropriate congressional committees.--The term 
    `appropriate congressional committees' means--
            ``(A) the Committee on Ways and Means and the Committee on 
        Foreign Affairs of the House of Representatives; and
            ``(B) the Committee on Finance and the Committee on Foreign 
        Relations of the Senate.
        ``(2) Burmese covered article.--The term `Burmese covered 
    article' means--
            ``(A) jadeite mined or extracted from Burma;
            ``(B) rubies mined or extracted from Burma; or
            ``(C) articles of jewelry containing jadeite described in 
        subparagraph (A) or rubies described in subparagraph (B).
        ``(3) Non-burmese covered article.--The term `non-Burmese 
    covered article' means--
            ``(A) jadeite mined or extracted from a country other than 
        Burma;
            ``(B) rubies mined or extracted from a country other than 
        Burma; or
            ``(C) articles of jewelry containing jadeite described in 
        subparagraph (A) or rubies described in subparagraph (B).
        ``(4) Jadeite; rubies; articles of jewelry containing jadeite 
    or rubies.--
            ``(A) Jadeite.--The term `jadeite' means any jadeite 
        classifiable under heading 7103 of the Harmonized Tariff 
        Schedule of the United States (in this paragraph referred to as 
        the `HTS').
            ``(B) Rubies.--The term `rubies' means any rubies 
        classifiable under heading 7103 of the HTS.
            ``(C) Articles of jewelry containing jadeite or rubies.--
        The term `articles of jewelry containing jadeite or rubies' 
        means--
                ``(i) any article of jewelry classifiable under heading 
            7113 of the HTS that contains jadeite or rubies; or
                ``(ii) any article of jadeite or rubies classifiable 
            under heading 7116 of the HTS.
        ``(5) United states.--The term `United States', when used in 
    the geographic sense, means the several States, the District of 
    Columbia, and any commonwealth, territory, or possession of the 
    United States.
    ``(b) Prohibition on Importation of Burmese Covered Articles.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    until such time as the President determines and certifies to the 
    appropriate congressional committees that Burma has met the 
    conditions described in section 3(a)(3), beginning 60 days after 
    the date of the enactment of the Tom Lantos Block Burmese JADE 
    (Junta's Anti-Democratic Efforts) Act of 2008, the President shall 
    prohibit the importation into the United States of any Burmese 
    covered article.
        ``(2) Regulatory authority.--The President is authorized to, 
    and shall as necessary, issue such proclamations, regulations, 
    licenses, and orders, and conduct such investigations, as may be 
    necessary to implement the prohibition under paragraph (1).
        ``(3) Other actions.--Beginning on the date of the enactment of 
    this Act, the President shall take all appropriate actions to seek 
    the following:
            ``(A) The issuance of a draft waiver decision by the 
        Council for Trade in Goods of the World Trade Organization 
        granting a waiver of the applicable obligations of the United 
        States under the World Trade Organization with respect to the 
        provisions of this section and any measures taken to implement 
        this section.
            ``(B) The adoption of a resolution by the United Nations 
        General Assembly expressing the need to address trade in 
        Burmese covered articles and calling for the creation and 
        implementation of a workable certification scheme for non-
        Burmese covered articles to prevent the trade in Burmese 
        covered articles.
    ``(c) Requirements for Importation of Non-Burmese Covered 
Articles.--
        ``(1) In general.--Except as provided in paragraph (2), until 
    such time as the President determines and certifies to the 
    appropriate congressional committees that Burma has met the 
    conditions described in section 3(a)(3), beginning 60 days after 
    the date of the enactment of the Tom Lantos Block Burmese JADE 
    (Junta's Anti-Democratic Efforts) Act of 2008, the President shall 
    require as a condition for the importation into the United States 
    of any non-Burmese covered article that--
            ``(A) the exporter of the non-Burmese covered article has 
        implemented measures that have substantially the same effect 
        and achieve the same goals as the measures described in clauses 
        (i) through (iv) of paragraph (2)(B) (or their functional 
        equivalent) to prevent the trade in Burmese covered articles; 
        and
            ``(B) the importer of the non-Burmese covered article 
        agrees--
                ``(i) to maintain a full record of, in the form of 
            reports or otherwise, complete information relating to any 
            act or transaction related to the purchase, manufacture, or 
            shipment of the non-Burmese covered article for a period of 
            not less than 5 years from the date of entry of the non-
            Burmese covered article; and
                ``(ii) to provide the information described in clause 
            (i) within the custody or control of such person to the 
            relevant United States authorities upon request.
        ``(2) Exception.--
            ``(A) In general.--The President may waive the requirements 
        of paragraph (1) with respect to the importation of non-Burmese 
        covered articles from any country with respect to which the 
        President determines and certifies to the appropriate 
        congressional committees has implemented the measures described 
        in subparagraph (B) (or their functional equivalent) to prevent 
        the trade in Burmese covered articles.
            ``(B) Measures described.--The measures referred to in 
        subparagraph (A) are the following:
                ``(i) With respect to exportation from the country of 
            jadeite or rubies in rough form, a system of verifiable 
            controls on the jadeite or rubies from mine to exportation 
            demonstrating that the jadeite or rubies were not mined or 
            extracted from Burma, and accompanied by officially-
            validated documentation certifying the country from which 
            the jadeite or rubies were mined or extracted, total carat 
            weight, and value of the jadeite or rubies.
                ``(ii) With respect to exportation from the country of 
            finished jadeite or polished rubies, a system of verifiable 
            controls on the jadeite or rubies from mine to the place of 
            final finishing of the jadeite or rubies demonstrating that 
            the jadeite or rubies were not mined or extracted from 
            Burma, and accompanied by officially-validated 
            documentation certifying the country from which the jadeite 
            or rubies were mined or extracted.
                ``(iii) With respect to exportation from the country of 
            articles of jewelry containing jadeite or rubies, a system 
            of verifiable controls on the jadeite or rubies from mine 
            to the place of final finishing of the article of jewelry 
            containing jadeite or rubies demonstrating that the jadeite 
            or rubies were not mined or extracted from Burma, and 
            accompanied by officially-validated documentation 
            certifying the country from which the jadeite or rubies 
            were mined or extracted.
                ``(iv) Verifiable recordkeeping by all entities and 
            individuals engaged in mining, importation, and exportation 
            of non-Burmese covered articles in the country, and subject 
            to inspection and verification by authorized authorities of 
            the government of the country in accordance with applicable 
            law.
                ``(v) Implementation by the government of the country 
            of proportionate and dissuasive penalties against any 
            persons who violate laws and regulations designed to 
            prevent trade in Burmese covered articles.
                ``(vi) Full cooperation by the country with the United 
            Nations or other official international organizations that 
            seek to prevent trade in Burmese covered articles.
        ``(3) Regulatory authority.--The President is authorized to, 
    and shall as necessary, issue such proclamations, regulations, 
    licenses, and orders and conduct such investigations, as may be 
    necessary to implement the provisions under paragraphs (1) and (2).
    ``(d) Inapplicability.--
        ``(1) In general.--The requirements of subsection (b)(1) and 
    subsection (c)(1) shall not apply to Burmese covered articles and 
    non-Burmese covered articles, respectively, that were previously 
    exported from the United States, including those that accompanied 
    an individual outside the United States for personal use, if they 
    are reimported into the United States by the same person, without 
    having been advanced in value or improved in condition by any 
    process or other means while outside the United States.
        ``(2) Additional provision.--The requirements of subsection 
    (c)(1) shall not apply with respect to the importation of non-
    Burmese covered articles that are imported by or on behalf of an 
    individual for personal use and accompanying an individual upon 
    entry into the United States.
    ``(e) Enforcement.--Burmese covered articles or non-Burmese covered 
articles that are imported into the United States in violation of any 
prohibition of this Act or any other provision law shall be subject to 
all applicable seizure and forfeiture laws and criminal and civil laws 
of the United States to the same extent as any other violation of the 
customs laws of the United States.
    ``(f) Sense of Congress.--
        ``(1) In general.--It is the sense of Congress that the 
    President should take the necessary steps to seek to negotiate an 
    international arrangement--similar to the Kimberley Process 
    Certification Scheme for conflict diamonds--to prevent the trade in 
    Burmese covered articles. Such an international arrangement should 
    create an effective global system of controls and should contain 
    the measures described in subsection (c)(2)(B) (or their functional 
    equivalent).
        ``(2) Kimberley process certification scheme defined.--In 
    paragraph (1), the term `Kimberley Process Certification Scheme' 
    has the meaning given the term in section 3(6) of the Clean Diamond 
    Trade Act (Public Law 108-19; 19 U.S.C. 3902(6)).
    ``(g) Report.--
        ``(1) In general.--Not later than 180 days after the date of 
    the enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-
    Democratic Efforts) Act of 2008, the President shall transmit to 
    the appropriate congressional committees a report describing what 
    actions the United States has taken during the 60-day period 
    beginning on the date of the enactment of such Act to seek--
            ``(A) the issuance of a draft waiver decision by the 
        Council for Trade in Goods of the World Trade Organization, as 
        specified in subsection (b)(3)(A);
            ``(B) the adoption of a resolution by the United Nations 
        General Assembly, as specified in subsection (b)(3)(B); and
            ``(C) the negotiation of an international arrangement, as 
        specified in subsection (f)(1).
        ``(2) Update.--The President shall make continued efforts to 
    seek the items specified in subparagraphs (A), (B), and (C) of 
    paragraph (1) and shall promptly update the appropriate 
    congressional committees on subsequent developments with respect to 
    these efforts.
    ``(h) GAO Report.--Not later than 14 months after the date of the 
enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic 
Efforts) Act of 2008, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report on 
the effectiveness of the implementation of this section. The 
Comptroller General shall include in the report any recommendations for 
improving the administration of this Act.''.
    (b) Duration of Sanctions.--
        (1) Continuation of import sanctions.--Subsection (b) of 
    section 9 of the Burmese Freedom and Democracy Act of 2003 (Public 
    Law 108-61; 50 U.S.C. 1701 note) is amended by adding at the end 
    the following new paragraph:
        ``(4) Rule of construction.--For purposes of this subsection, 
    any reference to section 3(a)(1) shall be deemed to include a 
    reference to section 3A (b)(1) and (c)(1).''.
        (2) Renewal resolutions.--Subsection (c) of such section is 
    amended by inserting after ``section 3(a)(1)'' each place it 
    appears the following: ``and section 3A (b)(1) and (c)(1)''.
        (3) Effective date.--
            (A) In general.--The amendments made by this subsection 
        take effect on the day after the date of the enactment of 5th 
        renewal resolution enacted into law after the date of the 
        enactment of the Burmese Freedom and Democracy Act of 2003, or 
        the date of the enactment of this Act, whichever occurs later.
            (B) Renewal resolution defined.--In this paragraph, the 
        term ``renewal resolution'' means a renewal resolution 
        described in section 9(c) of the Burmese Freedom and Democracy 
        Act of 2003 that is enacted into law in accordance with such 
        section.
    (c) Conforming Amendment.--Section 3(b) of the Burmese Freedom and 
Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is 
amended--
        (1) by striking ``prohibitions'' and inserting 
    ``restrictions'';
        (2) by inserting ``or section 3A (b)(1) or (c)(1)'' after 
    ``this section''; and
        (3) by striking ``a product of Burma'' and inserting ``subject 
    to such restrictions''.

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. Except for 
the position of United States Ambassador to the Association of 
Southeast Asian Nations, the Special Representative and Policy 
Coordinator may not simultaneously hold a separate position within the 
executive branch, including the Assistant Secretary of State, the 
Deputy Assistant Secretary of State, the United States Ambassador to 
Burma, or the Charge d'affairs to Burma.
    (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 
    member states 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. 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. 9. 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 note) is amended--
        (1) by inserting ``(a) Opposition to Assistance to Burma.--'' 
    before ``The Secretary''; and
        (2) by adding at the end the following new subsection:
    ``(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.''.
    (c) Authorization of Appropriations.--
        (1) In general.--Notwithstanding any other provision of law, 
    there are authorized to be appropriated $11,000,000 to the 
    Secretary of State for fiscal year 2008 to support operations by 
    nongovernmental organizations, subject to paragraph (2), 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 interests of the United States;
                (ii) a description of the national interests 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. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of State 
shall submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report containing a list of countries, companies, and other entities 
that provide military or intelligence aid to the SPDC and describing 
such military or intelligence aid provided by each such country, 
company, and other entity.
    (b) Military or Intelligence Aid Defined.--For the purpose of this 
section, the term ``military or intelligence aid'' means, with respect 
to the SPDC--
        (1) the provision of weapons, weapons parts, military vehicles, 
    or military aircraft;
        (2) the provision of military or intelligence training, 
    including advice and assistance on subject matter expert exchanges;
        (3) the provision of weapons of mass destruction and related 
    materials, capabilities, and technology, including nuclear, 
    chemical, or dual-use capabilities;
        (4) conducting joint military exercises;
        (5) the provision of naval support, including ship development 
    and naval construction;
        (6) the provision of technical support, including computer and 
    software development and installations, networks, and 
    infrastructure development and construction; or
        (7) the construction or expansion of airfields, including radar 
    and anti-aircraft systems.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex and 
the unclassified form shall be placed on the Department of State's 
website.

SEC. 11. 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, 
takes steps toward inclusion of ethnic minorities in political 
reconciliation efforts, and holds free and fair elections to establish 
a new government.

SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Secretary of State, 
in consultation with the Secretary of Commerce, and other Federal 
officials, as appropriate, shall submit to the appropriate 
congressional committees a report on Burma's timber trade containing 
information on the following:
        (1) Products entering the United States made in whole or in 
    part of wood grown and harvested in Burma, including measurements 
    of annual value and volume and considering both legal and illegal 
    timber trade.
        (2) Statistics about Burma's timber trade, including raw wood 
    and wood products, in aggregate and broken down by country and 
    timber species, including measurements of value and volume and 
    considering both legal and illegal timber trade.
        (3) A description of the chains of custody of products 
    described in paragraph (1), including direct trade streams from 
    Burma to the United States and via manufacturing or transshipment 
    in third countries.
        (4) Illegalities, abuses, or corruption in the Burmese timber 
    sector.
        (5) A description of all common consumer and commercial 
    applications unique to Burmese hardwoods, including the furniture 
    and marine manufacturing industries.
    (b) Recommendations.--The report required under subsection (a) 
shall include recommendations on the following:
        (1) Alternatives to Burmese hardwoods for the commercial 
    applications described in paragraph (5) of subsection (a), 
    including alternative species of timber that could provide the same 
    applications.
        (2) Strategies for encouraging sustainable management of timber 
    in locations with potential climate, soil, and other conditions to 
    compete with Burmese hardwoods for the consumer and commercial 
    applications described in paragraph (5) of subsection (a).
        (3) The appropriate United States and international customs 
    documents and declarations that would need to be kept and compiled 
    in order to establish the chain of custody concerning products 
    described in paragraphs (1) and (3) of subsection (a).
        (4) Strategies for strengthening the capacity of Burmese civil 
    society, including Burmese society in exile, to monitor and report 
    on the SPDC's trade in timber and other extractive industries so 
    that Burmese natural resources can be used to benefit the majority 
    of Burma's population.

SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of the 
Treasury, in consultation with the Secretary of State, shall submit to 
the Committee on Foreign Affairs of the House of Representatives, the 
Committee on Ways and Means of the House of the Representatives, the 
Committee on Foreign Relations of the Senate, and the Committee on 
Finance of the Senate a report containing a list of all countries and 
foreign banking institutions that hold assets on behalf of senior 
Burmese officials.
    (b) Definitions.--For the purpose of this section:
        (1) Senior burmese officials.--The term ``senior Burmese 
    officials'' shall mean individuals covered under section 5(d)(1) of 
    this Act.
        (2) Other terms.--Other terms shall be defined under the 
    authority of and consistent with section 5(c)(2) of this Act.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex. The 
report shall also be posted on the Department of Treasury's website not 
later than 30 days of the submission to Congress of the report. To the 
extent possible, the report shall include the names of the senior 
Burmese officials and the approximate value of their holdings in the 
respective foreign banking institutions and any other pertinent 
information.

SEC. 14. UNOCAL PLAINTIFFS.

    (a) Sense of Congress.--It is the Sense of Congress that the United 
States should work with the Royal Thai Government to ensure the safety 
in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should 
consider granting refugee status or humanitarian parole to these 
plaintiffs to enter the United States consistent with existing United 
States law.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the appropriate 
Congressional committees a report on the status of the Doe vs. Unocal 
plaintiffs and whether the plaintiffs have been granted refugee status 
or humanitarian parole.

SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN BURMA'S OIL 
              AND GAS INDUSTRY.

    (a) Findings and Declarations.--Congress finds the following:
        (1) Currently United States, French, and Thai investors are 
    engaged in the production and delivery of natural gas in the 
    pipeline from the Yadana and Sein fields (Yadana pipeline) in the 
    Andaman Sea, an enterprise which falls under the jurisdiction of 
    the Burmese Government, and United States investment by Chevron 
    represents approximately a 28 percent nonoperated, working interest 
    in that pipeline.
        (2) The Congressional Research Service estimates that the 
    Yadana pipeline provides at least $500,000,000 in annual revenue 
    for the Burmese Government.
        (3) The natural gas that transits the Yadana pipeline is 
    delivered primarily to Thailand, representing about 20 percent of 
    Thailand's total gas supply.
        (4) The executive branch has in the past exempted investment in 
    the Yadana pipeline from the sanctions regime against the Burmese 
    Government.
        (5) Congress believes that United States companies ought to be 
    held to a high standard of conduct overseas and should avoid as 
    much as possible acting in a manner that supports repressive 
    regimes such as the Burmese Government.
        (6) Congress recognizes the important symbolic value that 
    divestment of United States holdings in Burma would have on the 
    international sanctions effort, demonstrating that the United 
    States will continue to lead by example.
    (b) Statement of Policy.--
        (1) Congress urges Yadana investors to consider voluntary 
    divestment over time if the Burmese Government fails to take 
    meaningful steps to release political prisoners, restore civilian 
    constitutional rule and promote national reconciliation.
        (2) Congress will remain concerned with the matter of continued 
    investment in the Yadana pipeline in the years ahead.
        (3) Congress urges the executive branch to work with all firms 
    invested in Burma's oil and gas sector to use their influence to 
    promote the peaceful transition to civilian democratic rule in 
    Burma.
    (c) Sense of Congress.--It is the sense of Congress that so long as 
Yadana investors remain invested in Burma, such investors should--
        (1) communicate to the Burmese Government, military and 
    business officials, at the highest levels, concern about the lack 
    of genuine consultation between the Burmese Government and its 
    people, the failure of the Burmese Government to use its natural 
    resources to benefit the Burmese people, and the military's use of 
    forced labor;
        (2) publicly disclose and deal with in a transparent manner, 
    consistent with legal obligations, its role in any ongoing 
    investment in Burma, including its financial involvement in any 
    joint production agreement or other joint ventures and the amount 
    of their direct or indirect support of the Burmese Government; and
        (3) work with project partners to ensure that forced labor is 
    not used to construct, maintain, support, or defend the project 
    facilities, including pipelines, offices, or other facilities.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.