[House Document 105-85]
[From the U.S. Government Publishing Office]
105th Congress, 1st Session - - - - - - - - - - - House Document 105-85
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BURMA
__________
M E S S A G E
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS DECLARATION OF A NATIONAL EMERGENCY TO RESPOND TO THE ACTIONS AND
POLICIES OF THE GOVERNMENT OF BURMA AND NOTICE THAT HE HAS ISSUED AN
EXECUTIVE ORDER PROHIBITING UNITED STATES PERSONS FROM NEW INVESTMENT
IN BURMA, PURSUANT TO 50 U.S.C. 1703(b)
May 20, 1997.--Message and accompanying papers referred to the
Committees on International Relations and Appropriations, and ordered
to be printed
To the Congress of the United States:
Pursuant to section 570(b) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997
(Public Law 104-208) (the ``Act''), I hereby report to the
Congress that I have determined and certified that the
Government of Burma has, after September 30, 1996, committed
large-scale repression of the democratic opposition in Burma.
Further, pursuant to section 204(b) of the International
Emergency Economic Powers Act (50 U.S.C. 1703(b)) (IEEPA) and
section 301 of the National Emergencies Act (50 U.S.C. 1631), I
hereby report that I have exercised my statutory authority to
declare a national emergency to respond to the actions and
policies of the Government of Burma and have issued an
Executive order prohibiting United States persons from new
investment in Burma.
The order prohibits United States persons from engaging in
any of the following activities after its issuance:
--entering a contract that includes the economic development
of resources located in Burma;
--entering a contract providing for the general supervision
and guarantee of another person's performance of a
contract that includes the economic development of
resources located in Burma;
--purchasing a share of ownership, including an equity
interest, in the economic development of resources
located in Burma;
--entering into a contract providing for the participation in
royalties, earnings, or profits in the economic
development of resources located in Burma, without
regard to the form of the participation;
--facilitating transactions of foreign persons that would
violate any of the foregoing prohibitions if engaged in
by a United States person; and
--evading or avoiding, or attempting to violate, any of the
prohibitions in the order.
Consistent with the terms of section 570(b) of the Act, the
order does not prohibit the entry into, performance of, or
financing of most contracts for the purchase or sale of goods,
services, or technology. For purposes of the order, the term
``resources'' is broadly defined to include such things as
natural, agricultural, commercial, financial, industrial, and
human resources. However, not-for-profit educational, health,
or other humanitarian programs or activities are not considered
to constitute economic development of resources located in
Burma. In accordance with section 570(b), the prohibition on an
activity that constitutes a new investment applies if such
activity is undertaken pursuant to an agreement, or pursuant to
the exercise of rights under an agreement that is entered into
with the Government of Burma or a non-governmental entity in
Burma, on or after the effective date of the Executive order.
My Administration will continue to consult and express our
concerns about developments in Burma with the Burmese
authorities as well as leaders of ASEAN, Japan, the European
Union, and other countries have major political, security,
trading, and investment interests in Burma and seek
multilateral consensus to bring about democratic reform and
improve human rights in that country. I have, accordingly,
delegated to the Secretary of State the responsibilities in
this regard under section 570(c) and (d) of the Act.
The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to issue regulations in
exercise of my authorities under IEEPA and section 570(b) of
the Act to implement this prohibition on new investment. All
Federal agencies are also directed to take actions within their
authority to carry out the provisions of the Executive order.
I have taken these steps in response to a deepening pattern
of severe repression by the State Law and Order Restoration
Council (SLORC) in Burma. During the past 7 months, the SLORC
has arrested and detained large numbers of students and
opposition supporters, sentenced dozens to long-term
imprisonment, and prevented the expression of political views
by the democratic opposition, including Aung San Suu Kyi and
the National League for Democracy (NLD). It is my judgment that
recent actions by the regime in Rangoon constitute large-scale
repression of the democratic opposition committed by the
Government of Burma within the meaning of section 570(b) of the
Act.
The Burmese authorities also have committed serious abuses
in their recent military campaign against Burma's Karen
minority, forcibly conscripting civilians and compelling
thousands to flee into Thailand. Moreover, Burma remains the
world's leading producer of opium and heroin, with official
tolerance of drug trafficking and traffickers in defiance of
the views of the international community.
I believe that the actions and policies of the SLORC regime
constitute an extraordinary and unusual threat to the security
and stability of the region, and therefore to the national
security and foreign policy of the United States.
It is in the national security and foreign policy interests
of the United States to seek an end to abuses of human rights
in Burma and to support efforts to achieve democratic reform.
Progress on these issues would promote regional peace and
stability and would be in the political, security, and economic
interests of the United States.
The steps I take today demonstrate my Administration's
resolve to support the people of Burma, who made clear their
commitment to human rights and democracy in 1990 elections, the
results of which the regime chose to disregard.
I am also pleased to note that the Administration and the
Congress speak with one voice on this issue, as reflected in
executive-legislative cooperation in the enactment of section
570 of the Foreign Operations Act. I look forward to continued
close consultation with the Congress on efforts to promote
human rights and democracy in Burma.
In conclusion, I emphasize that Burma's international
isolation is not an inevitability, and that the authorities in
Rangoon retain the ability to secure improvements in relations
with the United States as well as with the international
community. In this respect, I once again call on the SLORC to
lift restrictions on Aung San Suu Kyi and the political
opposition, to respect the rights of free expression, assembly,
and association, and to undertake a dialogue that includes
leaders of the NLD and the ethnic minorities and that deals
with the political future of Burma.
In the weeks and months to come, my Administration will
continue to monitor and assess action on these issues, paying
careful attention to the report of the U.N. Special Rapporteur
appointed by the U.N. Human Rights Commission and the report of
the U.N. Secretary General on the results of his good offices
mandate. Thus, I urge the regime in Rangoon to cooperate fully
with those two important U.N. initiatives on Burma.
I am enclosing a copy of the Executive order that I have
issued. The order is effective at 12:01 a.m., eastern daylight
time, May 21, 1997.
William J. Clinton.
The White House, May 20, 1997.
Executive Order
----------
Prohibiting New Investment in Burma
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 570 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997
(Public Law 104-208) (the ``Act''), the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section
301 of title 3 of the United States Code;
I, WILLIAM J. CLINTON, President of the United States of
America, hereby determine and certify that, for purposes of
section 570(b) of the Act, the Government of Burma has
committed large-scale repression of the democratic opposition
in Burma after September 30, 1996, and further determine that
the actions and policies of the Government of Burma constitute
an unusual and extraordinary threat to the national security
and foreign policy of the United States and declare a national
emergency to deal with that threat.
Section 1. Except to the extent provided in regulations,
orders, directives, or licenses that may be issued in
conformity with section 570 of the Act and pursuant to this
order, I hereby prohibit new investment in Burma by United
States persons.
Sec. 2. The following are also prohibited, except to the
extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b))
or in regulations, orders, directives, or licenses that may be
issued pursuant to this order:
(a) any approval or other facilitation by a United States
person, wherever located, of a transaction by a foreign person
where the transaction would constitute new investment in Burma
prohibited by this order if engaged in by a United States
person or within the United States; and
(b) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate, any of the
prohibitions set forth in this order.
Sec. 3. Nothing in this order shall be construed to
prohibit the entry into, performance of, or financing of a
contract to sell or purchase goods, services, or technology,
except:
(a) where the entry into such contract on or after the
effective date of this order is for the general supervision and
guarantee of another person's performance of a contract for the
economic development of resources located in Burma; or
(b) where such contract provides for payment, in whole or
in part, in:
(i) shares of ownership, including an equity interest, in
the economic development of resources located in Burma; or
(ii) participation in royalties, earnings, or profits in
the economic development of resources located in Burma.
Sec. 4. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) 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;
(d) the term ``new investment'' means any of the following
activities, if such an activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Burma or
a nongovernmental entity in Burma on or after the effective
date of this order:
(i) the entry into a contract that includes the economic
development of resources located in Burma;
(ii) the entry into a contract providing for the general
supervision and guarantee of another person's performance of a
contract that includes the economic development of resources
located in Burma;
(iii) the purchase of a share of ownership, including an
equity interest, in the economic development of resources
located in Burma; or
(iv) the entry into a contract providing for the
participation in royalties, earnings, or profits in the
economic development of resources located in Burma, without
regard to the form of the participation;
(e) the term ``resources located in Burma'' means any
resources, including natural, agricultural, commercial,
financial, industrial, and human resources, located within the
territory of Burma, including the territorial sea, or located
within the exclusive economic zone or continental shelf of
Burma;
(f) the term ``economic development of resources located in
Burma'' shall not be construed to include not-for-profit
educational, health, or other humanitarian programs or
activities.
Sec. 5. I hereby delegate to the Secretary of State the
functions vested in me under section 570(c) and (d) of the Act,
to be exercised in consultation with the heads of other
agencies of the United States Government as appropriate.
Sec. 6. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to me by section 570(b) of the
Act and by IEEPA, as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate the
authority set forth in this order to other officers and
agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 7. Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
Sec. 8. This order shall take effect at 12:01 a.m., eastern
daylight time, May 21, 1997.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
William J. Clinton.
The White House, May 20, 1997.