[Congressional Record Volume 158, Number 88 (Tuesday, June 12, 2012)]
[Senate]
[Pages S3979-S3982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself, Mrs. Feinstein, Mr. McCain, Mr. 
        Durbin, and Ms. Collins):
  S.J. Res. 43. A joint resolution approving the renewal of import 
restrictions contained in the Burmese Freedom and Democracy Act of 
2003, and for other purposes; to the Committee on Foreign Relations.
  Mr. McCONNELL. Mr. President, today I rise to discuss events in the 
country of Burma. Every year since 2003, I have come to the floor of 
the U.S. Senate to introduce the Burmese Freedom and Democracy Act, and 
every year introduction of this bill has been accompanied by a somber 
message to the Senate: that reform in Burma is nowhere in sight. That 
is what I have said every year going back to 2003.
  This year, I am pleased to say that though the bill's language is the 
same, the message is far different, as is the legal effect of the 
legislation. In a remarkable turnabout of events over the past 18 
months, Burma has made dramatic changes for the better. In response to 
these developments, the administration recently decided it will ease 
many of the economic sanctions against Burma through exercise of its 
waiver authority. As a result, this year's Burmese Freedom and 
Democracy Act would effectively renew only a handful of the sanctions 
against the regime and would preserve the administration's flexibility 
to use its waiver authority.
  In 2008, the Burmese junta put in place a new Constitution--a very 
flawed document. It does not ensure civilian control of the military. 
In fact, the charter may only be amended if over 75 percent of the 
Parliament vote in favor of such changes and one-fourth of the seats in 
Parliament are reserved for the military.
  In November 2010, Burma held an election under this new charter, 
which was universally derided as being neither free nor fair. The party 
of Nobel Peace Prize laureate Daw Aung San Suu Kyi--the National League 
for Democracy--refused to participate due to the unfairness of the 
electoral process.
  Restrictions on freedom of speech and assembly were manifest, and 
there was a prohibition against political prisoners, such as Suu Kyi, 
running for office. Not surprisingly, the junta-supported party won 
over three-quarters of the nonappointed parliamentary seats. The new 
government took office on April 1, 2011.
  Shortly after this seemingly unpromising election, some signs of 
change began to appear. Suu Kyi was freed after years under house 
arrest. By July 2011 she was permitted to leave Rangoon for the first 
time since her release. In August she visited the new capital, 
Naypyitaw, and met with the new President, Thein Sein.
  In September 2011 the government lifted its prohibition against major 
news Web sites and dropped anti-Western slogans from state 
publications. That same month the regime announced it would suspend 
action on a controversial dam to be constructed by China in Kachin 
State. The project was strongly opposed by democracy advocates and 
ethnic leaders.
  As part of its reforms, the legislature enacted a bill that permitted 
Suu Kyi to participate in the April 1, 2012, by-election and made it 
possible for her party to reregister, after having technically lost its 
party status for boycotting the November 2010 balloting.
  In January of 2012 a score of political prisoners were released and a 
preliminary cease-fire agreement was reached with the Karen, appearing 
to end one of the longest running ethnic disputes in the world.
  In April 2012 Burma held a by-election to replace lawmakers who had 
assumed Cabinet roles. For the first time since 1990, the NLD 
participated in the election. Of the 45 seats that were open, the NLD 
contested 44 and won 43.
  Suu Kyi herself won a seat in what was clearly a dramatic victory for 
the opposition. This spring, for the first time in a quarter of a 
century, Suu Kyi was granted a passport and traveled outside Burma. 
Thus, in a mere 18 months, Suu Kyi has gone from political prisoner to 
Member of Parliament. That in and of itself is a remarkable change, and 
it reflects more broadly the wide-ranging reforms that have occurred in 
the country.
  In response to the Burmese Government's efforts, on May 17 the State 
Department announced that it would undertake a number of administrative 
steps to ease sanctions against Burma. These include removing both the 
investment ban and the financial services ban against Burma, except in 
transactions involving bad actors. In addition to suspending certain 
economic sanctions, the administration announced that it would exchange 
full Ambassadors with Naypyitaw.
  Mr. President, I support each of these steps taken by the State 
Department.
  What caused the Burmese Government to initiate these democratic 
reforms? It is hard to know for certain, but sanctions seem to have 
played an important part in bringing the government around. No country 
likes being

[[Page S3980]]

viewed as a pariah, and the Burmese regime seems no different.
  When I visited Burma back in January, the one thing I heard from all 
the government officials with whom I met--the President, the Foreign 
Minister, the Speaker of the Lower House--they all said: We want the 
sanctions removed.
  Suu Kyi herself publicly stated a few months ago that ``to those who 
ask whether or not sanctions have been effective, I would say yes, 
very, very confidently, because this government is always asking for 
sanctions to be removed. . . . So, sanctions have been effective. If 
sanctions had not been effective this would not be such an important 
issue for them.'' All of that is from Suu Kyi herself.
  So some Senators may reasonably ask why are we moving this sanctions 
bill again if Burma has made such dramatically positive steps. Well, 
there are several reasons. Let me lay them out.
  First, the Burmese Government still has not met all the necessary 
conditions to justify a complete--a complete--repeal of all existing 
sanctions. Despite the unmistakable progress made by the Burmese 
Government, now is not the time to end our ability either to encourage 
further government reform or to revisit sanctions if that became 
necessary. As Suu Kyi herself has cautioned, the situation in Burma is 
``not irreversible.'' Serious challenges need to be addressed.
  Violence in Kachin State remains a serious problem. Numerous 
political prisoners remain behind bars. The constitution is still 
completely undemocratic. And the regime's relationship with North 
Korea, especially when it comes to arms sales with Pyongyang, remains 
an issue of grave concern.
  As I noted, renewing the Burmese Freedom and Democracy Act would 
leave intact the import ban against Burmese goods, thus maintaining 
leverage the executive branch can utilize to help prompt further 
reform. Reauthorizing this measure would permit the executive branch, 
in consultation with Congress, to calibrate sanctions as necessary, 
thus preserving its flexibility.
  Second, the renewal of this sanctions bill will not affect--will not 
affect--the administration's current efforts to ease sanctions as 
announced on May 17. Let me repeat that renewing the Burmese Freedom 
and Democracy Act will leave undisturbed the process for suspending 
sanctions announced 3 weeks ago. In part for this reason, the State 
Department supports renewal of this measure. In fact, a vote for 
reauthorization of the Burmese Freedom and Democracy Act should be seen 
as a vote in support of the administration's easing of sanctions and a 
vote to support reform efforts in Burma.
  As a practical matter, renewal of the Burmese Freedom and Democracy 
Act would entail, No. 1, extending for another year the ban against 
Burmese imports; No. 2, continuing authority for financial services 
sanctions but leaving in place the authority the administration needs 
to proceed with the easing--the easing--of such restrictions; and No. 
3, leaving untouched the administration's ability to ease the 
investment ban, which is part of a separate bill.
  Finally, renewal of the Burmese Freedom and Democracy Act has 
continued bipartisan support in Congress and the support of Suu Kyi and 
the democratic opposition in Burma.
  There are, unfortunately, too few issues where the administration has 
sought to work with Congress in a bipartisan manner--mighty few, in 
fact--but on the issue of sanctions reauthorization, the State 
Department and I are in full agreement. I also know that my 
longstanding partner on Burma on the other side of the aisle, Senator 
Feinstein, shares my sentiments about reauthorizing this measure. As 
for Burma's democratic opposition, I spoke with Suu Kyi just a few days 
ago. She told me she believes the Burmese Freedom and Democracy Act 
should be renewed.
  If Burma stays on the path it seems to be on to reform, it will 
require significant help in reforming its economy and in developing 
business practices that encourage enduring foreign direct investment 
and corporate responsibility. A great deal of work must be done as 
Burma looks ahead to hosting the Association of Southeast Asian Nations 
in 2014. For the first time in a half a century, Burma seems--seems--to 
be on the right path to reform, and reauthorization of the Burmese 
Freedom and Democracy Act places the United States squarely on the side 
of reform and of reformers.
  For the reasons I have laid out, I believe a renewal of this measure 
is the right step to take. Burma has made great strides over the past 
18 months, and Congress should recognize those strides. At the same 
time, Congress should not be fully satisfied with recent reforms, as 
much more work remains to be done.
  In closing, I am introducing the renewal of the Freedom and Democracy 
Act, originally passed in 2003, for myself; Senator Feinstein, with 
whom I have worked on this over the years and referred to in my 
remarks; Senator John McCain, who has been very active in this area and 
met with Suu Kyi this past year; Senator Durbin; and Senator Collins, 
who had the opportunity to meet with Suu Kyi just the week before 
last--all of whom are active and interested in this issue.
  The ACTING PRESIDENT pro tempore. The majority leader is recognized.
  Mr. REID. Mr. President, before my friend leaves the floor, I express 
my appreciation--really from our country--for his tireless efforts in 
focusing attention on what has been going on in Burma. He has come to 
the floor and given numerous statements to focus attention on this 
issue. It took a while to get some traction, but finally he got some 
traction, and that is why progress was made in Burma.
  I appreciate his mentioning Senator Feinstein. She has also been very 
focused on this. But no one has been to the floor more than Senator 
McConnell talking about this issue. As a result of that, we have made 
progress. It has been slow, but it has been deliberate, and I think we 
can see a new day for that country.
  Mr. McCONNELL. Mr. President, I thank my good friend from Nevada.
  I ask unanimous consent that the text of the joint resolution be 
printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record as follows:

                              S.J. Res. 43

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. AMENDMENT TO BURMESE FREEDOM AND DEMOCRACY ACT OF 
                   2003.

       Section 9(b)(3) of the Burmese Freedom and Democracy Act of 
     2003 (Public Law 108 61; 50 U.S.C. 1701 note) is amended by 
     striking ``nine years'' and inserting ``twelve years''.

     SEC. 2. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM 
                   AND DEMOCRACY ACT OF 2003.

       (a) In General.--Congress approves the renewal of the 
     import restrictions contained in section 3(a)(1) and section 
     3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act 
     of 2003.
       (b) Rule of Construction.--This joint resolution shall be 
     deemed to be a ``renewal resolution'' for purposes of section 
     9 of the Burmese Freedom and Democracy Act of 2003.

     SEC. 3. EFFECTIVE DATE.

       This joint resolution and the amendment made by this joint 
     resolution shall take effect on the date of the enactment of 
     this joint resolution or July 26, 2012, whichever occurs 
     first.

  Mrs. FEINSTEIN. Mr. President, I rise today once again with my friend 
and colleague from Kentucky, Senator McConnell, to introduce a joint 
resolution to renew the import ban on Burma for another year. We are 
proud to be joined by Senators McCain and Durbin in this important 
effort.
  Congressman Joe Crowley and Congressman Peter King have introduced 
this resolution in the House and I thank them for their leadership and 
support.
  Over the past year, we have seen some remarkable changes in Burma 
after years of violence and repression.
  But the government of Burma still has a lot of work to do to 
demonstrate to us, the international community, and, above all, the 
people of Burma that it is truly committed to reform, democratization, 
and national reconciliation.
  We should renew this ban for another year as an incentive to the 
government of Burma to continue on the path it has undertaken and take 
additional actions.
  I have been involved in the struggle for freedom and democracy in 
Burma for 15 years.

[[Page S3981]]

  In 1997, former Senator William Cohen and I authored legislation 
requiring the President to ban new U.S. investment in Burma if he 
determined that the government of Burma had physically harmed, re-
arrested or exiled Aung San Suu Kyi or committed large-scale repression 
or violence against the democratic opposition.
  President Clinton issued the ban in a 1997 Executive Order.
  In 2003, after the regime attempted to assassinate Aung San Suu Kyi, 
Senator McConnell and I introduced the Burmese Freedom and Democracy 
Act of 2003, which placed a complete ban on imports from Burma. It 
allowed that ban to be renewed one year at a time.
  It was signed into law and has been renewed annually since then. It 
is set to expire on July 26, which is why a renewal of that ban is now 
before us today.
  But unlike past years, we have some good news to report.
  Burma has begun to take some significant steps towards embracing 
democracy, human rights, and the rule of law.
  This is welcome news after so many years of inaction coupled with 
despotic military rule.
  How did we get to this point?
  Recall that in 1990 Suu Kyi and her National League for Democracy 
overwhelmingly won the last free parliamentary elections in Burma, but 
those results were annulled by the military junta, then named the State 
Law and Order Restoration Council or SLORC.
  These events marked the beginning of more than two decades of 
violence, oppression, and human rights abuses.
  In 2008, the ruling military junta, renamed the State Peace and 
Development Council, pushed through the ratification of a new 
constitution, which was drafted without the input of the democratic 
opposition, led by Aung San Suu Kyi.
  Elections for the new parliament were held in November 2010, but Suu 
Kyi and her National League for Democracy were prohibited from 
participating.
  The Union Solidarity and Development Party, comprised of ex-military 
officials, won approximately 80 percent of the seats. The new 
parliament elected former General and Prime Minister, Thein Sein, as 
President.
  Following the elections, Suu Kyi was finally released from house 
arrest, after being in prison or house arrest for the better part of 20 
years.
  While I was pleased that Suu Kyi was free, I was deeply concerned 
that nothing had really changed for the people of Burma.
  Suu Kyi and her party were blocked from participating in the 
political process. The military maintained its grip on the government 
and the economy. Democracy advocates and human rights activists 
remained in prison. Violence against ethnic minority groups continued 
unabated.
  Yet, in the past year we have seen more positive change than we had 
in the past 20 years.
  Indeed, Burma's new government has taken a number of significant 
actions in an effort to rejoin the international community.
  Hundreds of political prisoners were released.
  New legislation broadening the rights of political and civic 
associations has been enacted; and negotiations with ethnic minority 
groups have begun and some cease-fires have taken effect.
  In addition, Suu Kyi and her National League for Democracy, NLD, were 
allowed to compete in by-elections for 45 open seats in parliament in 
April 2012.
  Suu Kyi and the NLD won 43 of the 44 seats they contested.
  For those of us who have been inspired by her courage, her dedication 
to peace and her tireless efforts for freedom and democracy, it was a 
thrilling and deeply moving event. Years of sacrifice and hard work had 
shown results the people of Burma had spoken with a clear voice in 
support of freedom and democracy.
  The U.S. has responded to this reform process in a number of ways.
  Secretary Clinton traveled to Burma last December and announced the 
two countries would resume full diplomatic relations.
  Following the April parliamentary elections, the administration 
announced that it would nominate Derek Mitchell to be the first U.S. 
ambassador to Burma in 22 years and suspend sanctions on investment and 
financial services.
  I supported these actions. It is entirely appropriate to acknowledge 
the steps Burma has already taken and encourage additional reforms.
  Some may ask then: why stop there? Given the reforms, why not let the 
ban on imports simply expire?
  The fact of the matter is, the reforms are not irreversible and the 
government of Burma still needs to do more to respond to the legitimate 
concerns of the people of Burma and the international community.
  First, it must address the dominant role of the military in Burma 
under the new constitution.
  The military is guaranteed 25 percent of the seats without elections 
and remains independent of any civilian oversight.
  In addition, the Commander-in-Chief of the military has the authority 
to dismiss the government and rule the country under Martial Law.
  It goes without saying that such powers are incompatible with a truly 
democratic government.
  Second, Burma must stop all violence against ethnic minorities. I am 
particularly concerned about reports that the Burmese military is 
continuing attacks in Kachin State, displacing thousands of civilians 
and killing others.
  Third, the government must release all political prisoners.
  I applaud the decision of the Government of Burma to release hundreds 
of political prisoners, including a number of high-profile democracy 
and human rights activists.
  Yet, according to the State Department, hundreds more remain in 
detention.
  Unfortunately, the government of Burma maintains there are no more 
political prisoners. We must keep the pressure on Burma until all 
democracy and human rights activists are free and able to resume their 
lives and careers.
  As we debate renewing the import ban, it is important to consider the 
advice and counsel of Aung San Suu Kyi and the democratic opposition.
  For her part, Suu Kyi has said that while she does not oppose 
suspending sanctions, the international community must be cautious. 
Speaking via Skype to an event in Washington D.C. last month she said:

       I sometimes feel that people are too optimistic about the 
     scene in Burma. You have to remember that the democratization 
     process in Burma is not irreversible. I have said openly that 
     we can never look upon it as irreversible until such time 
     that the military commits itself to democratization solidly 
     and efficiently.

  I understand that Suu Kyi has spoken to Senator McConnell directly 
about this matter and she supports renewing the import ban for another 
year.
  I believe that renewing this ban will help keep Burma on the path to 
full democratization and national reconciliation and support the work 
of Suu Kyi, the democratic opposition, and the reformists in the ruling 
government.
  It will give the administration additional leverage to convince the 
Burma to stay on the right path.
  The administration will still have the authority to waive or suspend 
the import ban as it has suspended sanctions on investment and 
financial services if the Government of Burma took the appropriate 
actions.
  If we let the import ban expire, however, and Burma backslides on 
reform and democratization, we would have to pass a new law to re-
impose the ban.
  By passing this joint resolution, we ensure that the administration 
has the flexibility it needs to respond to events in Burma has it as 
done so with financial services and investment.
  Suu Kyi herself has argued that ``sanctions have been effective in 
persuading the government to go for change.'' I think renewing the 
import ban will push it to go further.
  I urge my colleagues to support this joint resolution.

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