[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2172 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2172

  To impose sanctions on officials of the State Peace and Development 
  Council in Burma, to prohibit the importation of gems and hardwoods 
   from Burma, to support democracy in Burma, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2007

  Mr. McCain introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions on officials of the State Peace and Development 
  Council in Burma, to prohibit the importation of gems and hardwoods 
   from Burma, to support democracy in 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 ``Saffron Revolution Support 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 
        (SPDC), the ruling military junta in Burma, to--
                    (A) demand the release of all political prisoners, 
                including Nobel Peace Prize laureate Aung San Suu Kyi; 
                and
                    (B) urge the SPDC to engage in meaningful dialogue 
                to pursue national reconciliation.
            (2) The SPDC, in a display of brutal barbarism, violently 
        confronted unarmed demonstrators, killing, injuring, and 
        imprisoning citizens, including several thousand Buddhist 
        monks, and continued to forcefully restrict peaceful forms of 
        public expression.
            (3) The Department of State's 2006 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) The President announced on September 25, 2007, that the 
        United States would tighten economic sanctions against Burma, 
        and block property and interests in property of certain senior 
        leaders of the SPDC, individuals who provide financial backing 
        for the SPDC, and individuals responsible for violations of 
        human rights and for impeding the transition to democracy in 
        Burma.
            (6) The President also announced on September 25, 2007, 
        that the United States would impose an expanded visa ban on 
        individuals--
                    (A) responsible for violations of human rights; and
                    (B) who aid, abet, or benefit from the SPDC's 
                efforts to impede the efforts of the people of Burma to 
                transition to democracy and ensure respect for human 
                dignity.
            (7) The Total Oil Corporation of France and the Chevron 
        Corporation of the United States own a significant stake in 
        Burma's Yadana natural gas field and pipeline and generate 
        millions of dollars in revenue that help the repressive junta 
        government maintain its grasp on power.
            (8) Burma is home to approximately 60 percent of the 
        world's native teak reserves. More than one quarter 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 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 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 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 the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (3) 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).
            (4) SPDC.--The term ``SPDC'' means the State Peace and 
        Development Council.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States; and
                    (B) a person that is organized under the laws of 
                the United States, any State or territory thereof, or 
                the District of Columbia, if individuals described in 
                subparagraph (A) own, directly or indirectly, more than 
                50 percent of the outstanding capital stock or other 
                beneficial interest in such entity.

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) support the legitimate democratic aspirations of the 
        people of Burma;
            (3) provide all appropriate support and assistance to aid a 
        transition to democracy in Burma; and
            (4) hold accountable individuals responsible for the 
        repression of peaceful political activity in Burma.

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 play or 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 update and 
        submit the list required by 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) after the date of the enactment of 
                        this Act, the property comes within the 
                        possession or control of a United States 
                        person.
                    (B) Financial transactions.--No United States 
                person may engage in a financial transaction with a 
                person described in subparagraph (C).
                    (C) Person described.--A person described in this 
                subparagraph is one of the following:
                            (i) The SPDC.
                            (ii) A person included on the list required 
                        under subsection (a).
                            (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) for purposes of subparagraph 
                                (A), effectively controls the property; 
                                or
                                    (II) for purposes of subparagraph 
                                (B), would benefit from a financial 
                                transaction.
    (c) Authority for Additional Banking Sanctions.--
            (1) In general.--The Secretary of the Treasury may, 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, 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 
        deems appropriate.
    (d) 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.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

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. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS IN BURMA.

    (a) In General.--Notwithstanding any other provision of law, no 
United States person may invest in Burma.
    (b) Applicability.--The prohibition on investment under subsection 
(a) includes a prohibition on--
            (1) investments in Burma based on investment agreements 
        reached prior to May 20, 1997;
            (2) approval or other facilitation by a United States 
        person of an investment by a foreign person if the investment 
        would violate the prohibition in subsection (a) if made by a 
        United States person; and
            (3) payments to the SPDC by a United States person related 
        to divesting assets in Burma to comply with subsection (a).
    (c) Penalties.--The Secretary of the Treasury may impose a penalty 
under section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) on a United States person that violates the 
prohibition under subsection (a).

SEC. 8. GRANTS TO ESTABLISH DATABASE OF HUMAN RIGHTS ABUSES.

    The Secretary of State may award grants to nongovernmental 
organizations, universities, and other organizations to establish a 
searchable Internet database that contains evidence of human rights 
abuses carried out by the SPDC or persons associated with the SPDC.

SEC. 9. SUPPORT FOR DEMOCRACY IN BURMA.

    (a) In General.--The President is authorized to use all available 
resources 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 $20,000,000 to the Secretary of State for each of the 
fiscal years 2008 and 2009 for the following purposes:
            (1) Aid to democracy activists in Burma.
            (2) Aid to individuals and groups conducting democracy 
        programming outside of Burma targeted at a transition to 
        democracy inside Burma.
            (3) The expansion of radio and television broadcasting into 
        Burma.
            (4) Support for individuals and groups compiling evidence 
        of--
                    (A) the SPDC's efforts to repress peaceful 
                political activity; and
                    (B) the commission of other human rights abuses by 
                the SPDC.

SEC. 10. SENSE OF CONGRESS ON USE OF INTELLIGENCE ASSETS.

    It is the sense of Congress that the Director of National 
Intelligence should utilize appropriate intelligence resources to 
identify persons responsible for--
            (1) the crackdown sponsored by the SPDC against peaceful 
        protestors that began August 19, 2007; and
            (2) ongoing gross abuses of human rights against civilians 
        in Burma.

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 to the 
appropriate congressional committees a report containing a list of 
countries that provide military aid to Burma and describing the 
military aid provided by each such country.
    (b) Military Aid Defined.--For the purposes of 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 by subsection (a) shall be submitted 
in unclassified form but may include a classified annex.
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