[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[Senate]
[Pages S3770-S3774]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2791. Mr. CARDIN (for himself, Mr. McCain, and Mr. Durbin)
submitted an amendment intended to be proposed to amendment SA 2282
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Matters Relating to Burma
SEC. 1281. FINDINGS.
Congress makes the following findings:
(1) The United States policy of principled engagement since
1988 has fostered positive democratic reforms in Burma, which
have led to significant milestones on the path to full
democracy.
(2) On November 8, 2015, Burma held historic elections in
which the National League for Democracy won a supermajority
of seats in the combined national parliament. On March 30,
2016, Htin Kyaw was inaugurated as the President of Burma,
the country's first civilian President in more than 50 years.
Aung San Suu Kyi, President of the National League for
Democracy, was barred from becoming President due to the
provisions of section 59(f) of the 2008 Constitution, and
therefore assumed the office of State Counsellor, a position
created for her that made her the country's de facto leader.
(3) Aung San Suu Kyi's first acts as State Counsellor after
her National League for Democracy party took office included
releasing more than 100 political prisoners, including well-
known journalists and student activists held on politically
motivated charges. However, as of November 2017, there were
228 political prisoners in Burma, 46 of which were serving
prison sentences, 49 of which were awaiting trial inside
prison, and 133 of which were awaiting trial outside prison,
according to the Assistance Association for Political
Prisoners.
(4) The Government of Burma also continues to
systematically discriminate against the Rohingya people.
Burma's 1982 citizenship law stripped Rohingya Burmese of
their Burmese citizenship, rendering them stateless, and the
Government continues to restrict Rohingya births and to deny
the Rohingya freedom of movement and access to healthcare,
land, education, voting, political participation, and
marriage.
(5) Despite the meaningful steps taken toward democracy in
Burma, there remain important structural and systemic
impediments to the realization of a fully democratic civilian
government, including--
(A) the 2008 Constitution, which is in need of reform;
(B) the disfranchisement of certain groups who voted in
previous elections;
(C) the social, political, and economic conditions in
Rakhine State, particularly with respect to the Rohingya
population; and
(D) the current humanitarian and human rights crisis
affecting Burma's Rohingya population and residents of the
Rakhine, Kachin, and Shan states, including credible reports
of ethnic cleansing, crimes against humanity, extrajudicial
killings, sexual and gender-based violence, and forced
displacement.
(6) Actions of the military of Burma, known as the
Tatmadaw, including continuing assaults on personnel and
territory controlled by armed ethnic organizations, military
offensives immediately preceding the peace conference in
Naypyitaw, and human rights violations against noncombatant
civilians in conflict areas, undermine confidence in
establishing a credible nationwide ceasefire agreement to end
Burma's civil war.
(7) The people of Burma continue to suffer from an ongoing
civil war between the Tatmadaw and nearly 20 armed ethnic
organizations. Any prospects for a full democracy in Burma
are contingent on ending the civil war and finding a path
toward national reconciliation between Burma's Bamar majority
and its various ethnic minorities.
(8) Since 2011, over 98,000 people have been displaced in
Kachin and northern Shan State over the escalating violence
and instability, resulting in continued massive internal
displacement, including in internally displaced person (IDP)
camps, which continues to undermine the trust necessary to
achieve a durable, lasting peace, and has caused a massive
humanitarian crisis which disproportionately affects the
lives of innocent civilians and internally displaced persons
forced from their homes. According to the United Nations
Office for the Coordination of Humanitarian Affairs, some 50
percent of these displaced persons are staying in areas
beyond Government control where humanitarian access is
limited. Even in areas controlled by the Government, delivery
of humanitarian assistance has been increasingly restricted
through onerous bureaucratic requirements resulting in
limited access by international and local humanitarian
organizations.
(9) In 2015, the nongovernmental campaign Global Witness
found that, in 2014, the estimated value of official
production of jade equated to up to 48 percent of the
official gross domestic product of Burma. Because of
corruption and a lack of transparency, much of the proceeds
of the Burmese jade trade enrich notorious leaders from the
military junta, including former dictator Than Shwe and
United States-sanctioned drug lord Hsueh Kang Wei, and vested
interests in jade are undermining prospects for resolving the
most intractable armed conflict in Burma.
(10) On August 31, 2016, State Counsellor Aung San Suu Kyi
and the Government of Burma initiated the Union Peace
Conference 21st Century Panglong in Naypyitaw, which more
than 1,400 representatives of various concerned parties
attended in an effort to begin the process of ending Burma's
civil war and to discuss options in forming a democratic
state of Burma. On May 24, 2017, the Government of Burma held
a second Panglong Peace Conference, with mixed results.
(11) On January 4, 2018, the Department of State determined
that Burma remains designated as a country of particular
concern for religious freedom under section 402(b) of the
International Religious Freedom Act (22 U.S.C. 6442(b)), and
that ``members of the Rohingya community in particular face
abuses by the Government of Burma, including those involving
torture, unlawful arrest and detention, restricted movement,
restrictions on religious practices, discrimination in
employment, and access to social services''.
(12) The February 2017 panels set up by the Burmese army
and the Home Affairs Ministry are widely perceived by the
international community to lack independence and
impartiality. The December 2016 commission established by
Burma's President
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Htin Kyaw to investigate the October 2016 attacks dismissed
claims of misconduct by security forces due to ``insufficient
evidence.'' A Burmese army internal inquiry completed in
November 2017 claimed there had been no abuses committed by
the military. The 2012 commission government established to
investigate violence in Rakhine State that year never held
anyone accountable.
(13) In a public address on October 12, 2017, State
Counsellor Aung San Suu Kyi laid out 3 goals for the Rakhine
State:
(A) Repatriation of those who have crossed over to
Bangladesh and effective provision of humanitarian
assistance.
(B) Resettlement of displaced populations.
(C) Economic development and durable peace.
(14) According to the Medecins Sans Frontieres estimates,
at least 6,700 Rohingya have been killed, including 730
children, and that at least 2,700 others died from disease
and malnutrition and over an estimated 680,000 Rohingya have
fled to Bangladesh since August 2017, fearing loss of
livelihood and shelter and disproportionate use of force by
the military of Burma.
(15) On October 23, 2017, the Department of State said,
``We express our gravest concern with recent events in
Rakhine State and the violent, traumatic abuses Rohingya and
other communities have endured. It is imperative that any
individuals or entities responsible for atrocities, including
non-state actors and vigilantes, be held accountable.''.
(16) At a Senate Foreign Relations Committee hearing on
October 24, 2017, the Department of State indicated that
``refugees continue to cross into Bangladesh, and we continue
to receive credible reports of sporadic violence in northern
Rakhine State''.
(17) Amnesty International and Human Rights Watch have
reported and documented a campaign of violence perpetuated by
the security forces of Burma that ``may amount to crimes
against humanity'' and ``ethnic cleansing'' and includes--
(A) indiscriminate attacks on civilians;
(B) rape of women and girls; and
(C) arbitrary arrest and detention of Rohingya men without
charge.
(18) According to Human Rights Watch, Burmese security
forces have committed widespread rape against women and girls
as part of a campaign of ethnic cleansing against Rohingya
Muslims in Burma's Rakhine State. Survivors said that
soldiers gathered them together in groups and then raped or
gang raped them.
(19) Because survivors of conflict-related sexual or
gender-based violence know very little about the abusers,
aside from identifying the abuser as a member of a military
unit, existing laws and accountability mechanisms often fail
to protect victims of such violence.
(20) Satellite images captured by Human Rights Watch reveal
that, out of the approximately 470 villages in northern
Rakhine State, most of which were completely or partially
populated with Rohingya Muslims, nearly 300 were partially or
completely destroyed by fire after August 25, 2017.
(21) The Government of Burma has continued to block access
to northern Rakhine State by United Nations and other
humanitarian organizations, preventing hundreds of thousands
of vulnerable Rohingya, Rahkine, and other ethnic groups,
including children with acute malnutrition, from receiving
humanitarian aid. According to a report by the United Nations
Children's Fund, a diphtheria outbreak has led to 424 cases
and 6 deaths since December 6, 2017. In addition, the levels
of global acute malnutrition in refugees from Burma exceeds
the World Health Organization's threshold by 15 percent in
children aged 6-59 months. Over 50 percent of the Rohingya
children are reported to be suffering from anemia.
(22) In response to previous violence between the Burmese
military and the ethnic Rohingya people in 2016, Aung San Suu
Kyi established the Advisory Commission on Rakhine State
headed by former United Nations Secretary-General Kofi Annan
to address tensions in Northern Rakhine. She has since also
endorsed the Commission's recommendations and established an
``Advisory Team for the Committee for the Implementation of
Recommendations on Rakhine State'' to move forward with
implementation.
(23) On December 21, 2017, using the authority granted by
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328), the
President imposed sanctions on Maung Maung Soe, a Major
General who was the chief of the Burmese Army's Western
command during the August 2017 attack in Rakhine state.
(24) On November 22, 2017, Secretary of State Rex Tillerson
stated, ``After careful and through analysis of available
facts, it is clear that the situation in northern Rakhine
state constitutes ethnic cleansing against the Rohingya.
Those responsible for these atrocities must be held
accountable.''.
(25) Ethnic cleansing is a despicable evil, and while it is
not an independent crime under domestic or international law,
it is often accomplished through acts that constitute war
crimes, crimes against humanity, or genocide, and the
perpetrators of such crimes in Burma must be held
accountable.
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(3) Hybrid tribunal.--The term ``hybrid tribunal'' means a
temporary criminal tribunal that involves a combination of
domestic and international lawyers, judges, and other
professionals to prosecute individuals suspected of
committing war crimes, crimes against humanity, or genocide.
(4) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes--
(A) to redress legacies of atrocities; and
(B) to promote long-term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
SEC. 1283. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the pursuit of a calibrated engagement strategy is
essential to support the establishment of a peaceful,
prosperous, and democratic Burma that includes respect for
the human rights of all its people regardless of ethnicity
and religion; and
(2) the guiding principles of such a strategy include--
(A) support for meaningful legal and constitutional reforms
that remove remaining restrictions on civil and political
rights and institute civilian control of the military,
civilian control of the government, and the constitutional
provision reserving 25 percent of parliamentary seats for the
military, which provides the military with veto power over
constitutional amendments;
(B) the establishment of a fully democratic, pluralistic,
civilian controlled, and representative political system that
includes regularized free and fair elections in which all
people of Burma, including the Rohingya, can vote;
(C) the promotion of genuine national reconciliation and
conclusion of a credible and sustainable nationwide ceasefire
agreement, political accommodation of the needs of ethnic
Shan, Kachin, Chin, Karen, and other ethnic groups, safe and
voluntary return of displaced persons to villages of origins,
and constitutional change allowing inclusive permanent peace;
(D) investigations into credible reports of ethnic
cleansing, crimes against humanity, sexual and gender-based
violence, and genocide perpetrated against ethnic minorities
like the Rohingya by the government, military, and security
forces of Burma, violent extremist groups, and other
combatants involved in the conflict;
(E) accountability for determinations of ethnic cleansing,
crimes against humanity, sexual and gender-based violence,
and genocide perpetrated against ethnic minorities like the
Rohingya by the Government, military, and security forces of
Burma, violent extremist groups, and other combatants
involved in the conflict;
(F) strengthening the government's civilian institutions,
including support for greater transparency and
accountability;
(G) the establishment of professional and nonpartisan
military, security, and police forces that operate under
civilian control;
(H) empowering local communities, civil society, and
independent media;
(I) promoting responsible international and regional
engagement;
(J) strengthening respect for and protection of human
rights and religious freedom;
(K) addressing and ending the humanitarian and human rights
crisis, including by supporting the return of the displaced
Rohingya to their homes and providing equal access to
restoration of full citizenship for the Rohingya population;
and
(L) promoting broad-based, inclusive economic development
and fostering healthy and resilient communities.
SEC. 1284. AUTHORIZATION OF HUMANITARIAN ASSISTANCE AND
RECONCILIATION.
(a) Humanitarian Assistance.--
(1) In general.--There is authorized to be appropriated
$103,695,069 for fiscal year 2018 for humanitarian assistance
for Burma, Bangladesh, and the region. The assistance may
include--
(A) assistance for the victims of the Burmese military's
ethnic cleansing campaign targeting Rohingya in Rakhine
State, including those displaced in Bangladesh, Burma, and
the region;
(B) support for voluntary resettlement or repatriation
efforts regionally; and
(C) humanitarian assistance to victims of violence and
destruction in Rakhine State, including victims of gender-
based violence and unaccompanied minors.
(2) Sense of congress on additional funding.--It is the
sense of Congress that additional significant and sustained
funding will be necessary to address the medium and long-term
impacts of this crisis.
(b) Reconciliation Programs.--There is authorized to be
appropriated $27,400,000 for fiscal year 2018 for
reconciliation programs in Burma. The assistance may
include--
(1) reducing the influence of the drivers of intercommunal
conflict;
(2) strengthening engagement on areas affecting fundamental
freedoms;
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(3) enhancing the ability of key stakeholders to engage in
the peace process; and
(4) assisting the implementation of the Kofi Annan
Commission report.
SEC. 1285. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to use the voice and vote of the United States to
support projects in Burma that--
(1) provide for accountability and transparency, including
the collection, verification and publication of beneficial
ownership information related to extractive industries and
on-site monitoring during the life of the project;
(2) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior, and informed consent of affected indigenous
communities;
(3) do not provide incentives for, or facilitate, forced
displacement; and
(4) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
SEC. 1286. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND
FREEDOM OF MOVEMENT.
(a) Right of Return.--It is the sense of Congress that the
Government of Burma, in collaboration with the regional and
international community, including the United Nations High
Commissioner for Refugees, should--
(1) ensure the dignified, safe, and voluntary return of all
those displaced from their homes, especially from Rakhine
State, without an unduly high burden of proof;
(2) offer to those who do not want to return meaningful
opportunity to obtain appropriate compensation or
restitution;
(3) not place returning Rohingya in DP camps or ``model
villages'', but instead make efforts to reconstruct Rohingya
villages as and where they were;
(4) keep any funds collected by the Government by
harvesting the land previously owned and tended by Rohingya
farmers for them upon their return; and
(5) fully implement all of the recommendations of the
Advisory Commission on Rakhine State.
(b) Freedom of Movement of Refugees and Internally
Displaced Persons.--Congress recognizes that the Government
of Bangladesh has provided long-standing support and
hospitality to people fleeing violence in Burma, and calls on
the Government of Bangladesh--
(1) to ensure all refugees have freedom of movement and
under no circumstance are subject to unsafe, involuntary, or
uninformed repatriation; and
(2) to ensure the dignified, safe, and voluntary return of
those displaced from their homes, and offer to those who do
not want to return meaningful means to obtain compensation or
restitution.
SEC. 1287. MILITARY COOPERATION.
(a) Prohibition.--Except as provided under subsection (b),
the President may not furnish any security assistance or to
engage in any military-to-military programs with the armed
forces of Burma, including training or observation or
participation in regional exercises, until the Secretary of
State, in consultation with the Secretary of Defense,
certifies to the appropriate congressional committees that
the Burmese military has demonstrated significant progress in
abiding by international human rights standards and is
undertaking meaningful and significant security sector
reform, including transparency and accountability to prevent
future abuses, as determined by applying the following
criteria:
(1) The military adheres to international human rights
standards and pledges to stop future human rights violations.
(2) The military supports efforts to carry out meaningful
and comprehensive investigations of credible reports of
abuses and is taking steps to hold accountable those in the
Burmese military responsible for human rights violations.
(3) The military supports efforts to carry out meaningful
and comprehensive investigations of reports of conflict-
related sexual and gender-based violence and is taking steps
to hold accountable those in the Burmese military who failed
to prevent, respond to, investigate, and prosecute violence
against women, sexual violence, or other gender-based
violence.
(4) The Government of Burma, including the military, allows
immediate and unfettered humanitarian access to communities
in areas affected by conflict, including Rohingya communities
in Rakhine State.
(5) The Government of Burma, including the military,
cooperates with the United Nations High Commissioner for
Refugees and other relevant United Nations agencies to ensure
the protection of displaced persons and the safe and
voluntary return of Rohingya refugees and internally
displaced persons.
(6) The Government of Burma, including the military, takes
steps toward the implementation of the recommendations of the
Advisory Commission on Rakhine State.
(b) Exceptions.--
(1) Certain existing authorities.--The Department of
Defense may continue to conduct consultations based on the
authorities under section 1253 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
(2) Hospitality.--The United States Agency for
International Development and the Department of State may
provide assistance authorized by part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support
ethnic armed groups and the Burmese military for the purpose
of supporting research, dialogues, meetings, and other
activities related to the Union Peace Conference, Political
Dialogues, and related processes, in furtherance of
inclusive, sustainable reconciliation.
(c) Military Reform.--The certification required under
subsection (a) shall include a written justification in
classified and unclassified form describing the Burmese
military's efforts to implement reforms, end impunity for
human rights violations, and increase transparency and
accountability.
(d) Rule of Construction.--Nothing in this subtitle shall
be construed to authorize Department of Defense assistance to
the Government of Burma except as provided in this section.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this subtitle, and every 180 days
thereafter, the Secretary of State and the Secretary of
Defense shall submit to the appropriate congressional
committees a report, in both classified and unclassified
form, on the strategy and plans for military-to-military
engagement between the United States Armed Forces and the
military of Burma.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government of
Burma's strategy for security sector reform, including as it
relates to an end to involvement in the illicit trade in jade
and other natural resources, reforms to end corruption and
illicit drug trafficking, and constitutional reforms to
ensure civilian control of the Government.
(B) A list of ongoing military activities conducted by the
United States Government with the Government of Burma, and a
description of the United States strategy for future
military-to-military engagements between the United States
and Burma's military forces, including the military of Burma,
the Burma Police Force, and armed ethnic groups.
(C) An assessment of the progress of the military of Burma
towards developing a framework to implement human rights
reforms, including--
(i) cooperation with civilian authorities to investigate
and prosecute cases of human rights violations;
(ii) steps taken to demonstrate respect for
internationally-recognized human rights standards and
implementation of and adherence to the laws of war; and
(iii) a description of the elements of the military-to-
military engagement between the United States and Burma that
promote such implementation.
(D) An assessment of progress on the peaceful settlement of
armed conflicts between the Government of Burma and ethnic
minority groups, including actions taken by the military of
Burma to adhere to ceasefire agreements, allow for safe and
voluntary returns of displaced persons to their villages of
origin, and withdraw forces from conflict zones.
(E) An assessment of the Burmese's military recruitment and
use of children as soldiers.
(F) An assessment of the Burmese's military's use of
violence against women, sexual violence, or other gender-
based violence as a tool of terror, war, or ethnic cleansing.
(f) Civilian Channels.--Any program initiated under this
section shall use appropriate civilian government channels
with the democratically elected Government of Burma.
(g) Regular Consultations.--Any new program or activity in
Burma initiated under this section shall be subject to prior
consultation with the appropriate congressional committees.
SEC. 1288. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO
MILITARY OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS
VIOLATIONS.
(a) List Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of senior
officials of the military and security forces of Burma that
the President determines have knowingly played a direct and
significant role in the commission of human rights violations
in Burma, including against the Rohingya minority population.
(2) Inclusions.--The list required by paragraph (1) shall
include all of the senior officials of the military and
security forces of Burma--
(A) in charge of each unit that was operational during the
so-called ``clearance operations'' that began during or after
October 2016; and
(B) who knew, or should have known, that the official's
subordinates were committing sexual or gender-based violence
and failed to take adequate steps to prevent such violence or
punish the individuals responsible for such violence.
(3) Updates.--Not less frequently than every 180 days, the
President shall submit to the appropriate congressional
committees an updated version of the list required by
paragraph (1).
(b) Sanctions.--
(1) Visa ban.--The Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall exclude from the
United
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States, any individual included in the most recent list
required subsection (a).
(2) List of specially designated nationals and blocked
persons.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall--
(i) determine whether the individuals specified in
subparagraph (B) should be included on the SDN list; and
(ii) submit to the appropriate congressional committees a
report, in classified form if necessary, on the procedures
for including those individuals on the SDN list under
existing authorities of the Department of the Treasury.
(B) Individuals specified.--The individuals specified in
this subparagraph are--
(i) the head of each unit of the military or security
forces of Burma that was operational during the so-called
``clearance operations'' that began during or after October
2016, including--
(I) Senior General Min Aung Hlaing; and
(II) Major General Khin Maung Soe;
(ii) any senior official of the military or security forces
of Burma for which the President determines there are
credible reports that the official has aided, participated,
or is otherwise implicated in gross human rights violations
in Burma, including sexual and ethnic- or gender-based
violence; and
(iii) any senior official of the military or security
forces of Burma for which the President determines there are
credible reports that the official knew, or should have
known, that the official's subordinates were committing
sexual or gender-based violence and failed to take adequate
steps to prevent such violence or punish the individuals
responsible for such violence.
(3) Authority for additional financial sanctions.--The
Secretary of the Treasury may, in consultation with the
Secretary of State, prohibit or impose strict conditions on
the opening or maintaining in the United States of a
correspondent account or payable-through account by any
financial institution that is a United States person, for or
on behalf of a foreign financial institution, if the
Secretary determines that the account is knowingly used--
(A) by a foreign financial institution that knowingly holds
property or an interest in property of an individual included
on the SDN list pursuant to paragraph (2); or
(B) to conduct a significant transaction on behalf of such
an individual.
(4) Rule of construction.--Nothing in this subsection may
be construed to prohibit any contract or other financial
transaction by a United States person with a credible
nongovernmental humanitarian organization in Burma.
(c) Removal From List.--The President may remove an
individual from the list required by subsection (a) if the
President determines and reports to the appropriate
congressional committees that--
(1) the individual has--
(A) publicly acknowledged the role of the individual in
committing past human rights violations;
(B) cooperated with independent efforts to investigate such
violations;
(C) been held accountable for such violations; and
(D) demonstrated substantial progress in reforming the
individual's behavior with respect to the protection of human
rights in the conduct of civil-military relations; and
(2) removing the individual from the list is in the
national interest of the United States.
(d) Exceptions.--
(1) Humanitarian assistance.--A requirement to impose
sanctions under this section shall not apply with respect to
the provision of medicine, medical equipment or supplies,
food, or any other form of humanitarian or human rights-
related assistance provided to Burma in response to a
humanitarian crisis.
(2) United nations headquarters agreement.--Subsection
(b)(1) shall not apply to the admission of an individual to
the United States if such admission is necessary to comply
with United States obligations under the Agreement between
the United Nations and the United States of America regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November 21,
1947, or under the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19, 1967,
or other international obligations of the United States.
(e) Waiver.--The President may waive a requirement of this
section if the Secretary of State, in consultation with the
Secretary of the Treasury, determines and reports to the
appropriate congressional committees that the waiver is
important to the national security interests of the United
States.
(f) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (2) or (3) of subsection (b) or any regulation,
license, or order issued to carry out either such paragraph
shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in subsection
(a) of that section.
(3) Rule of construction.--This subsection shall not be
construed to require the President to declare a national
emergency under section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701).
(g) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) SDN list.--The term ``SDN list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1289. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, the
Secretary of the Treasury, and the Administrator of the
United States Agency for International Development shall
submit to the appropriate congressional committees a strategy
to support sustainable and broad-based economic development,
in accordance with the priorities of the Government of Burma
to improve economic conditions.
(b) Elements.--In order to support the efforts of the
Government of Burma, the strategy required by subsection (a)
shall include a plan to promote inclusive and responsible
economic growth, including through the following initiatives:
(1) Develop an economic reform road-map to diversify
control over and access to participation in key industries
and sectors. The United States Government should support the
Government of Burma to develop a roadmap to assess and
recommend measures to remove barriers and increase
competition, access and opportunity in sectors dominated by
the military, former military officials, and their families,
and businesspeople connected to the military. The roadmap
should include areas related to government transparency,
accountability, and governance.
(2) Increase transparency disclosure requirements in key
sectors to promote responsible investment. Provide technical
support to develop and implement policies, and revise
existing policies on public disclosure of beneficial owners
of companies in key sectors identified by the Government of
Burma, including the identities of those seeking or securing
access to Burma's most valuable resources. In the ruby
industry, this specifically includes working with the
Government of Burma to require the disclosure of the ultimate
beneficial ownership of entities in the industry and the
publication of project revenues, payments, and contract terms
relating to the industry. Such new requirements should
complement disclosures due to be put in place in Burma as a
result of its participation in the Extractives Industry
Transparency Initiative (EITI).
(3) Promote universal access to reliable, affordable,
energy efficient, and sustainable power, including leveraging
United States assistance to support reforms in the power
sector and electrification projects that increase energy
access, in partnership with multilateral organizations and
the private sector.
SEC. 1290. REPORT ON ETHNIC CLEANSING AND SERIOUS HUMAN
RIGHTS ABUSES IN BURMA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
detailing the credible reports of ethnic cleansing and
serious human rights abuses committed against the Rohingya in
Burma, including credible reports of war crimes, crimes
against humanity, and genocide, and on potential
transnational justice mechanisms in Burma.
(b) Elements.--The reports required under subsection (a)
shall include--
(1) a description of credible reports of ethnic cleaning
and serious human rights abuses perpetrated against the
Rohingya ethnic minority in Burma, including--
(A) incidents that may constitute ethnic cleansing, crimes
against humanity, sexual and gender-based violence, and
genocide committed by the Burmese military, and other actors
involved in the violence;
(B) incidents that may constitute ethnic cleansing, crimes
against humanity, sexual and gender-based violence, or
genocide committed by violent extremist groups or
antigovernment forces;
(C) any incidents that may violate the principle of medical
neutrality and, if possible, identification of the individual
or individuals who engaged in or organized such incidents;
and
[[Page S3774]]
(D) to the extent possible, a description of the
conventional and unconventional weapons used for such crimes
and the origins of such weapons;
(2) a description and assessment by the Department of
State, the United States Agency for International
Development, the Department of Justice, and other appropriate
Federal departments and agencies of programs that the United
States Government has already or is planning to undertake to
ensure accountability for credible reports of ethnic
cleansing and reports of war crimes, crimes against humanity,
sexual and gender-based violence, and genocide perpetrated
against the Rohingya and other ethnic minority groups by the
Government, security forces, and military of Burma, violent
extremist groups, and other combatants involved in the
conflict, including programs--
(A) to train investigators within and outside of Burma and
Bangladesh on how to document, investigate, develop findings
of, and identify and locate alleged perpetrators of ethnic
cleansing, crimes against humanity, or genocide in Burma;
(B) to promote and prepare for a transitional justice
process or processes for the perpetrators of ethnic
cleansing, crimes against humanity, and genocide in Burma;
and
(C) to document, collect, preserve, and protect evidence of
reports of ethnic cleansing, crimes against humanity, and
genocide in Burma, including support for Burmese and
Bangladeshi, foreign, and international nongovernmental
organizations, the United Nations Human Rights Council's
investigative team, and other entities; and
(3) A detailed study of the feasibility and desirability of
potential transitional justice mechanisms for Burma,
including a hybrid tribunal, and recommendations on which
transitional justice mechanisms the United States Government
should support, why such mechanisms should be supported, and
what type of support should be offered.
(c) Protection of Witnesses and Evidence.--The Secretary
shall take due care to ensure that the identification of
witnesses and physical evidence are not publicly disclosed in
a manner that might place such persons at risk of harm or
encourage the destruction of evidence by the Government of
Burma.
SEC. 1291. TECHNICAL ASSISTANCE AUTHORIZED.
(a) In General.--The Secretary of State, in consultation
with the Department of Justice and other appropriate Federal
departments and agencies, is authorized to provide
appropriate assistance to support entities that, with respect
to credible reports of ethnic cleansing, crimes against
humanity, and genocide perpetrated by the military, security
forces, and Government of Burma, Buddhist militias, and all
other armed groups fighting in Rakhine State--
(1) identify suspected perpetrators of ethnic cleansing,
war crimes, crimes against humanity, and genocide;
(2) collect, document, and protect evidence of crimes and
preserve the chain of custody for such evidence;
(3) conduct criminal investigations; and
(4) support investigations by third-party states, as
appropriate.
(b) Additional Assistance.--The Secretary of State, after
consultation with appropriate Federal departments and
agencies and the appropriate congressional committees, and
taking into account the findings of the transitional justice
study required under section 1290(b)(3), is authorized to
provide assistance to support the creation and operation of
transitional justice mechanisms for Burma.
SEC. 1292. SENSE OF CONGRESS ON PRESS FREEDOM.
In order to promote freedom of the press in Burma, it is
the sense of Congress that--
(1) Wa Lone and Kyaw Soe Oo should be immediately released
and should have access to lawyers and their families; and
(2) the decision to use a colonial-era law to arrest these
Reuters reporters undermines press freedom around the world
and further underscores the need for serious legal reform.
SEC. 1293. MEASURES RELATING TO MILITARY COOPERATION BETWEEN
BURMA AND NORTH KOREA.
(a) Imposition of Sanctions.--
(1) In general.--The President may, with respect to any
person described in paragraph (2)--
(A) impose the sanctions described in paragraph (1) or (3)
of section 1288(b); or
(B) include that person on the SDN list (as defined in
section 1288(g)).
(2) Persons described.--A person described in this
paragraph is an official of the Government of Burma or an
individual or entity acting on behalf of that Government that
the President determines purchases or otherwise acquires
defense articles from the Government of North Korea or an
individual or entity acting on behalf of that Government.
(b) Restriction on Foreign Assistance.--The President may
terminate or reduce the provision of United States foreign
assistance to Burma if the President determines that the
Government of Burma does not verifiably and irreversibly
eliminate all purchases or other acquisitions of defense
articles by persons described in subsection (a)(2) from the
Government of North Korea or individuals or entities acting
on behalf of that Government.
(c) Defense Article Defined.--In this section, the term
``defense article'' has the meaning given that term in
section 47 of the Arms Export Control Act (22 U.S.C. 2794).
SEC. 1294. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this subtitle shall be construed as an
authorization for the use of force.
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