[House Document 114-183]
[From the U.S. Government Publishing Office]




114th Congress, 2d Session - - - - - - - - - House Document 114-183
 
 TERMINATION OF EMERGENCY WITH RESPECT TO THE ACTIONS AND POLICIES OF 
                        THE GOVERNMENT OF BURMA

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

A NOTIFICATION OF THE TERMINATION OF THE NATIONAL EMERGENCY DECLARED IN 
EXECUTIVE ORDER 13047, AND SUBSEQUENT EXECUTIVE ORDERS, WITH RESPECT TO 
    THE SITUATION IN OR IN RELATION TO BURMA, PURSUANT TO 50 U.S.C. 
        1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 November 14, 2016.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-011                         WASHINGTON : 2016                          
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                       Washington, October 7, 2016.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with subsection 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b), 
I hereby report that I have issued an Executive Order (the 
``order'') that terminates the national emergency declared in 
Executive Order 13047 of May 20, 1997, and revokes that order, 
Executive Order 13310 of July 28, 2003, Executive Order 13448 
of October 18, 2007, Executive Order 13464 of April 30, 2008, 
Executive Order 13619 of July 11, 2012, and Executive Order 
13651 of August 6, 2013.
    The President issued Executive Order 13047 to deal with the 
unusual and extraordinary threat to the national security and 
foreign policy of the United States posed by the actions and 
policies of the Government of Burma, in response to a deepening 
pattern of severe repression by the State Law and Order 
Restoration Council, the then-governing regime in Burma. In 
Executive Order 13047, the President also determined and 
certified that, for purposes of section 570(b) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (Public Law 104-208), the Government 
of Burma had committed large-scale repression of the democratic 
opposition in Burma after September 30, 1996, and imposed a 
prohibition on new investment in Burma. The scope of the 
national emergency with respect to Burma was modified and 
additional steps were taken to respond to the threat posed by 
the actions and policies of the Government of Burma, and 
further actions were taken under Burma sanctions statutes, 
namely the Burmese Freedom and Democracy Act of 2003 (Public 
Law 108-61) and the Tom Lantos Block Burmese JADE (Junta's 
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the 
``JADE Act''), in Executive Orders 13310, 13448, 13464, 13619, 
and 13651.
    In the order, I have determined that the situation that 
gave rise to the national emergency with respect to Burma has 
been significantly altered by Burma's substantial advances to 
promote democracy, including historic elections in November 
2015 that resulted in the former opposition party, the National 
League for Democracy, winning a majority of seats in the 
national parliament and the formation of a democratically 
elected, civilian-led government; the release of many political 
prisoners; and greater enjoyment of human rights and 
fundamental freedoms, including freedom of expression and 
freedom of association and peaceful assembly. With these 
advancements, U.S. national security and foreign policy 
interests no longer support the blocking of assets and other 
measures imposed by Executive Orders 13047, 13310, 13448, 
13464, 13619, and 13651. For these reasons I have determined 
that it is necessary to terminate the national emergency 
declared in Executive Order 13047 and to revoke that order, and 
Executive Orders 13310, 13448, 13464, 13619, and 13651. While 
Burma faces significant challenges, including the consolidation 
of its democracy, the United States can, and intends to, use 
other means to support the government and people of Burma in 
their efforts to address these challenges.
    I hereby report to the Congress that, pursuant to section 
5(i) of the JADE Act, I have determined and certify that it is 
in the national interest of the United States to waive, and 
have waived, the sanctions described in section 5(b) of the 
JADE Act.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                                      Barack Obama.
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      

                            Executive Order

                              ----------                              


 Termination of Emergency With Respect to the Actions and Policies of 
                        the Government of Burma

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 
1601 et seq.) (NEA), section 570 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1997 
(Public Law 104-208), the Burmese Freedom and Democracy Act of 
2003 (Public Law 108-61), the Tom Lantos Block Burmese JADE 
(Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-
286) (the ``JADE Act''), section 212(f) of the Immigration and 
Nationality Act of 1952, as amended (8 U.S.C. 1182(f)) (INA), 
and section 301 of title 3, United States Code,
    I, BARACK OBAMA, President of the United States of America, 
find that the situation that gave rise to the declaration of a 
national emergency in Executive Order 13047 of May 20, 1997, 
with respect to the actions and policies of the Government of 
Burma, in particular a deepening pattern of severe repression 
by the State Law and Order Restoration Council, the then-
governing regime in Burma, as modified in scope by Executive 
Order 13448 of October 18, 2007, and Executive Order 13619 of 
July 11, 2012, has been significantly altered by Burma's 
substantial advances to promote democracy, including historic 
elections in November 2015 that resulted in the former 
opposition party, the National League for Democracy, winning a 
majority of seats in the national parliament and the formation 
of a democratically elected, civilian-led government; the 
release of many political prisoners; and greater enjoyment of 
human rights and fundamental freedoms, including freedom of 
expression and freedom of association and peaceful assembly. 
Accordingly, I hereby terminate the national emergency declared 
in Executive Order 13047, and revoke that order, Executive 
Order 13310 of July 28, 2003, Executive Order 13448, Executive 
Order 13464 of April 30, 2008, Executive Order 13619, and 
Executive Order 13651 of August 6, 2013, and further order:
    Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 
1622(a)), termination of the national emergency declared in 
Executive Order 13047, as modified in scope by Executive Order 
13448, and Executive Order 13619, shall not affect any action 
taken or proceeding pending not finally concluded or determined 
as of the effective date of this order, any action or 
proceeding based on any act committed prior to the effective 
date of this order, or any rights or duties that matured or 
penalties that were incurred prior to the effective date of 
this order.
    Sec. 2. Pursuant to section 5(i) of the JADE Act, I hereby 
determine and certify that it is in the national interest of 
the United States to waive, and hereby waive, the sanctions 
described in section 5(b) of the JADE Act.
    Sec. 3. In light of the revocation of Executive Order 
13310, Executive Order 13448, and Executive Order 13464, the 
suspension of entry as immigrants and nonimmigrants, pursuant 
to Presidential Proclamation 8693 of July 24, 2011, and section 
212(f) of the INA, of individuals meeting the criteria in said 
orders will no longer be in effect as of the effective date of 
this order. In light of the revocation of Executive Order 
13619, the suspension of entry as immigrants and nonimmigrants 
of individuals meeting the criteria in that order will no 
longer be in effect as of the effective date of this order and 
such individuals will no longer be treated as persons covered 
by Presidential Proclamation 8693.
    Sec. 4. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
    Sec. 5. This order is effective at 1:00 p.m. eastern 
daylight time on October 7, 2016.
                                                      Barack Obama.
    The White House, October 7, 2016.

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