[Congressional Record (Bound Edition), Volume 154 (2008), Part 11]
[Senate]
[Pages 15625-15630]
[From the U.S. Government Publishing Office, www.gpo.gov]




TOM LANTOS BLOCK BURMESE JADE (JUNTA'S ANTI-DEMOCRATIC EFFORTS) ACT OF 
                                  2008

  Mr. BROWN. Mr. President, I ask the Chair to now lay before the 
Senate a House message to accompany H.R. 3890.
  The PRESIDING OFFICER laid before the Senate the following message:

                               H.R. 3890

         Resolved, That the House agree to the amendment of the 
     Senate to the text of the bill (H.R. 3890) entitled ``An Act 
     to amend the Burmese Freedom and Democracy Act of 2003 to 
     impose import sanctions on Burmese gemstones, expand the 
     number of individuals against whom the visa ban is 
     applicable, expand the blocking of assets and other 
     prohibited activities, and for other purposes'', with the 
     following House amendments to Senate amendments:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the text of the bill, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tom Lantos Block Burmese 
     JADE (Junta's Anti-Democratic Efforts) Act of 2008''.

     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 regime in Burma--
       (A) to demand the release of all political prisoners, 
     including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and
       (B) to urge the regime to engage in meaningful dialogue to 
     pursue national reconciliation.
       (2) The Burmese regime responded to these peaceful protests 
     with a violent crackdown leading to the reported killing of 
     approximately 200 people, including a Japanese 
     photojournalist, and hundreds of injuries. Human rights 
     groups further estimate that over 2,000 individuals have been 
     detained, arrested, imprisoned, beaten, tortured, or 
     otherwise intimidated as part of this crackdown. Burmese 
     military, police, and their affiliates in the Union 
     Solidarity Development Association (USDA) perpetrated almost 
     all of these abuses. The Burmese regime continues to detain, 
     torture, and otherwise intimidate those individuals whom it 
     believes participated in or led the protests and it has 
     closed down or otherwise limited access to several 
     monasteries and temples that played key roles in the peaceful 
     protests.
       (3) The Department of State's 2006 Country 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) In October 2007, President Bush announced a new 
     Executive Order to tighten economic sanctions against Burma 
     and block property and travel to the United States by certain 
     senior leaders of the SPDC, individuals who provide financial 
     backing for the SPDC, and individuals responsible for human 
     rights violations and impeding democracy in Burma. Additional 
     names were added in updates done on October 19, 2007, and 
     February 5, 2008. However, only 38 discrete individuals and 
     13 discrete companies have been designated under those 
     sanctions, once aliases and companies with similar names were 
     removed. By contrast, the Australian Government identified 
     more than 400 individuals and entities subject to its 
     sanctions applied in the wake of the 2007 violence. The 
     European Union's regulations to implement sanctions against 
     Burma have identified more than 400 individuals among the 
     leadership of government, the military, and the USDA, along 
     with nearly 1300 state and military-run companies potentially 
     subject to its sanctions.
       (6) The Burmese regime and its supporters finance their 
     ongoing violations of human rights, undemocratic policies, 
     and military activities in part through financial 
     transactions, travel, and trade involving the United States, 
     including the sale of petroleum products, gemstones and 
     hardwoods.
       (7) In 2006, the Burmese regime earned more than $500 
     million from oil and gas projects, over $500 million from 
     sale of hardwoods, and in excess of $300 million from the 
     sale of rubies and jade. At least $500 million of the $2.16 
     billion earned in 2006 from Burma's two natural gas 
     pipelines, one of which is 28 percent owned by a United 
     States company, went to the Burmese regime. The regime has 
     earned smaller amounts from oil and gas exploration and non-
     operational pipelines but United States investors are not 
     involved in those transactions. Industry sources estimate 
     that over $100 million annually in Burmese rubies and jade 
     enters the United States. Burma's official statistics report 
     that Burma exported $500 million in hardwoods in 2006 but 
     NGOs estimate the true figure to exceed $900 million. 
     Reliable statistics on the amount of hardwoods imported into 
     the United States from Burma in the form of finished products 
     are not available, in part due to widespread illegal logging 
     and smuggling.
       (8) The SPDC seeks to evade the sanctions imposed in the 
     Burmese Freedom and Democracy Act of 2003. Millions of 
     dollars in gemstones that are exported from Burma ultimately 
     enter the United States, but the Burmese regime attempts to 
     conceal the origin of the gemstones in an effort to evade 
     sanctions. For example, according to gem industry experts, 
     over 90 percent of the

[[Page 15626]]

     world's ruby supply originates in Burma but only 3 percent of 
     the rubies entering the United States are claimed to be of 
     Burmese origin. The value of Burmese gemstones is 
     predominantly based on their original quality and geological 
     origin, rather than the labor involved in cutting and 
     polishing the gemstones.
       (9) According to hardwood industry experts, Burma is home 
     to approximately 60 percent of the world's native teak 
     reserves. More than \1/4\ 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.
       (10) The SPDC owns a majority stake in virtually all 
     enterprises responsible for the extraction and trade of 
     Burmese natural resources, including all mining operations, 
     the Myanmar Timber Enterprise, the Myanmar Gems Enterprise, 
     the Myanmar Pearl Enterprise, and the Myanmar Oil and Gas 
     Enterprise. Virtually all profits from these enterprises 
     enrich the SPDC.
       (11) On October 11, 2007, the United Nations Security 
     Council, with the consent of the People's Republic 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.
       (12) The United Nations special envoy Ibrahim Gambari 
     traveled to Burma from September 29, 2007, through October 2, 
     2007, holding meetings with SPDC leader General Than Shwe and 
     democracy advocate Aung San Suu Kyi in an effort to promote 
     dialogue between the SPDC and democracy advocates.
       (13) 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 the People's 
     Republic of China if they come under targeted economic 
     pressure that denies them access to personal wealth and 
     sources of revenue.
       (14) On the night of May 2, 2008, through the morning of 
     May 3, 2008, tropical cyclone Nargis struck the coast of 
     Burma, resulting in the deaths of tens of thousands of 
     Burmese.
       (15) The response to the cyclone by Burma's military 
     leaders illustrates their fundamental lack of concern for the 
     welfare of the Burmese people. The regime did little to warn 
     citizens of the cyclone, did not provide adequate 
     humanitarian assistance to address basic needs and prevent 
     loss of life, and continues to fail to provide life-
     protecting and life-sustaining services to its people.
       (16) The international community responded immediately to 
     the cyclone and attempted to provide humanitarian assistance. 
     More than 30 disaster assessment teams from 18 different 
     nations and the United Nations arrived in the region, but the 
     Burmese regime denied them permission to enter the country. 
     Eventually visas were granted to aid workers, but the regime 
     continues to severely limit their ability to provide 
     assistance in the affected areas.
       (17) Despite the devastation caused by Cyclone Nargis, the 
     junta went ahead with its referendum on a constitution 
     drafted by an illegitimate assembly, conducting voting in 
     unaffected areas on May 10, 2008, and in portions of the 
     affected Irrawaddy region and Rangoon on May 26, 2008.

     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--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Finance of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Ways and Means of the House of 
     Representatives.
       (3) ASEAN.--The term ``ASEAN'' means the Association of 
     Southeast Asian Nations.
       (4) 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).
       (5) SPDC.--The term ``SPDC'' means the State Peace and 
     Development Council, the ruling military regime in Burma.
       (6) United states person.--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.

     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) work with the international community, especially the 
     People's Republic of China, India, Thailand, and ASEAN, to 
     foster support for the legitimate democratic aspirations of 
     the people of Burma and to coordinate efforts to impose 
     sanctions on those directly responsible for human rights 
     abuses in Burma;
       (3) provide all appropriate support and assistance to aid a 
     peaceful transition to constitutional democracy in Burma;
       (4) support international efforts to alleviate the 
     suffering of Burmese refugees and address the urgent 
     humanitarian needs of the Burmese people; and
       (5) identify individuals responsible for the repression of 
     peaceful political activity in Burma and hold them 
     accountable for their actions.

     SEC. 5. SANCTIONS.

       (a) Visa Ban.--
       (1) In general.--The following persons shall be ineligible 
     for a visa to travel to the United States:
       (A) Former and present leaders of the SPDC, the Burmese 
     military, or the USDA.
       (B) Officials of the SPDC, the Burmese military, or the 
     USDA involved in the repression of peaceful political 
     activity or in other gross violations of human rights 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.
       (C) Any other Burmese persons who provide substantial 
     economic and political support for the SPDC, the Burmese 
     military, or the USDA.
       (D) The immediate family members of any person described in 
     subparagraphs (A) through (C).
       (2) Waiver.--The President may waive the visa ban described 
     in paragraph (1) only if the President determines and 
     certifies in writing to Congress that travel by the person 
     seeking such a waiver is in the national interests of the 
     United States.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to conflict with the provisions of section 694 
     of the Consolidated Appropriations Act, 2008 (Public Law 110-
     161), nor shall this subsection be construed to make 
     ineligible for a visa members of ethnic groups in Burma now 
     or previously opposed to the regime who were forced to 
     provide labor or other support to the Burmese military and 
     who are otherwise eligible for admission into the United 
     States.
       (b) Financial Sanctions.--
       (1) Blocked property.--No property or interest in property 
     belonging to a person described in subsection (a)(1) may be 
     transferred, paid, exported, withdrawn, or otherwise dealt 
     with if--
       (A) 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
       (B) the property comes into the possession or control of a 
     United States person after the date of the enactment of this 
     Act.
       (2) Financial transactions.--Except with respect to 
     transactions authorized under Executive Orders 13047 (May 20, 
     1997) and 13310 (July 28, 2003), no United States person may 
     engage in a financial transaction with the SPDC or with a 
     person described in subsection (a)(1).
       (3) Prohibited activities.--Activities prohibited by reason 
     of the blocking of property and financial transactions under 
     this subsection shall include the following:
       (A) Payments or transfers of any property, or any 
     transactions involving the transfer of anything of economic 
     value by any United States person, including any United 
     States financial institution and any branch or office of such 
     financial institution that is located outside the United 
     States, to the SPDC or to an individual described in 
     subsection (a)(1).
       (B) The export or reexport directly or indirectly, of any 
     goods, technology, or services by a United States person to 
     the SPDC, to an individual described in subsection (a)(1) or 
     to any entity owned, controlled, or operated by the SPDC or 
     by an individual described in such subsection.
       (c) Authority for Additional Banking Sanctions.--
       (1) In general.--The Secretary of the Treasury, 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, may 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 the SPDC or a person 
     described in subsection (a)(1); or
       (B) to conduct a transaction on behalf of the SPDC or a 
     person described in subsection (a)(1).
       (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 
     considers appropriate.
       (d) List of Sanctioned Officials.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a list of--
       (A) former and present leaders of the SPDC, the Burmese 
     military, and the USDA;
       (B) officials of the SPDC, the Burmese military, or the 
     USDA involved 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;
       (C) any other Burmese persons or entities who provide 
     substantial economic and political support for the SPDC, the 
     Burmese military, or the USDA; and
       (D) the immediate family members of any person described in 
     subparagraphs (A) through (C) whom the President determines 
     effectively controls property in the United States or has 
     benefitted from a financial transaction with any United 
     States person.

[[Page 15627]]

       (2) Consideration of other data.--In preparing the list 
     required under paragraph (1), the President shall consider 
     the data already obtained by other countries and entities 
     that apply sanctions against Burma, such as the Australian 
     Government and the European Union.
       (3) Updates.--The President shall transmit to the 
     appropriate congressional committees updated lists of the 
     persons described in paragraph (1) as new information becomes 
     available.
       (4) Identification of information.--The Secretary of State 
     and the Secretary of the Treasury shall devote sufficient 
     resources to the identification of information concerning 
     potential persons to be sanctioned to carry out the purposes 
     described in this Act.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to prohibit any contract or other financial 
     transaction with any nongovernmental humanitarian 
     organization in Burma.
       (f) Exceptions.--
       (1) In general.--The prohibitions and restrictions 
     described in subsections (b) and (c) shall not apply to 
     medicine, medical equipment or supplies, food or feed, or any 
     other form of humanitarian assistance provided to Burma.
       (2) Regulatory exceptions.--For the following purposes, the 
     Secretary of State may, by regulation, authorize exceptions 
     to the prohibition and restrictions described in subsection 
     (a), and the Secretary of the Treasury may, by regulation, 
     authorize exceptions to the prohibitions and restrictions 
     described in subsections (b) and (c)--
       (A) to permit the United States and Burma to operate their 
     diplomatic missions, and to permit the United States to 
     conduct other official United States Government business in 
     Burma;
       (B) to permit United States citizens to visit Burma; and
       (C) to permit the United States to comply with the United 
     Nations Headquarters Agreement and other applicable 
     international agreements.
       (g) Penalties.--Any person who violates any prohibition or 
     restriction imposed pursuant to subsection (b) or (c) shall 
     be subject to the penalties under section 6 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as for a violation under that Act.
       (h) Termination of Sanctions.--The sanctions imposed under 
     subsection (a), (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.
       (i) Waiver.--The President may waive the sanctions 
     described in subsections (b) and (c) if the President 
     determines and certifies to the appropriate congressional 
     committees that such waiver is in the national interest of 
     the United States.

     SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT 
                   OF 2003.

       (a) In General.--The Burmese Freedom and Democracy Act of 
     2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by 
     inserting after section 3 the following new section:

     ``SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES 
                   FROM BURMA AND ARTICLES OF JEWELRY CONTAINING 
                   JADEITE OR RUBIES FROM BURMA.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Ways and Means and the Committee on 
     Foreign Affairs of the House of Representatives; and
       ``(B) the Committee on Finance and the Committee on Foreign 
     Relations of the Senate.
       ``(2) Burmese covered article.--The term `Burmese covered 
     article' means--
       ``(A) jadeite mined or extracted from Burma;
       ``(B) rubies mined or extracted from Burma; or
       ``(C) articles of jewelry containing jadeite described in 
     subparagraph (A) or rubies described in subparagraph (B).
       ``(3) Non-burmese covered article.--The term `non-Burmese 
     covered article' means--
       ``(A) jadeite mined or extracted from a country other than 
     Burma;
       ``(B) rubies mined or extracted from a country other than 
     Burma; or
       ``(C) articles of jewelry containing jadeite described in 
     subparagraph (A) or rubies described in subparagraph (B).
       ``(4) Jadeite; rubies; articles of jewelry containing 
     jadeite or rubies.--
       ``(A) Jadeite.--The term `jadeite' means any jadeite 
     classifiable under heading 7103 of the Harmonized Tariff 
     Schedule of the United States (in this paragraph referred to 
     as the `HTS').
       ``(B) Rubies.--The term `rubies' means any rubies 
     classifiable under heading 7103 of the HTS.
       ``(C) Articles of jewelry containing jadeite or rubies.--
     The term `articles of jewelry containing jadeite or rubies' 
     means--
       ``(i) any article of jewelry classifiable under heading 
     7113 of the HTS that contains jadeite or rubies; or
       ``(ii) any article of jadeite or rubies classifiable under 
     heading 7116 of the HTS.
       ``(5) United states.--The term `United States', when used 
     in the geographic sense, means the several States, the 
     District of Columbia, and any commonwealth, territory, or 
     possession of the United States.
       ``(b) Prohibition on Importation of Burmese Covered 
     Articles.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, until such time as the President determines and 
     certifies to the appropriate congressional committees that 
     Burma has met the conditions described in section 3(a)(3), 
     beginning 60 days after the date of the enactment of the Tom 
     Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) 
     Act of 2008, the President shall prohibit the importation 
     into the United States of any Burmese covered article.
       ``(2) Regulatory authority.--The President is authorized 
     to, and shall as necessary, issue such proclamations, 
     regulations, licenses, and orders, and conduct such 
     investigations, as may be necessary to implement the 
     prohibition under paragraph (1).
       ``(3) Other actions.--Beginning on the date of the 
     enactment of this Act, the President shall take all 
     appropriate actions to seek the following:
       ``(A) The issuance of a draft waiver decision by the 
     Council for Trade in Goods of the World Trade Organization 
     granting a waiver of the applicable obligations of the United 
     States under the World Trade Organization with respect to the 
     provisions of this section and any measures taken to 
     implement this section.
       ``(B) The adoption of a resolution by the United Nations 
     General Assembly expressing the need to address trade in 
     Burmese covered articles and calling for the creation and 
     implementation of a workable certification scheme for non-
     Burmese covered articles to prevent the trade in Burmese 
     covered articles.
       ``(c) Requirements for Importation of Non-Burmese Covered 
     Articles.--
       ``(1) In general.--Except as provided in paragraph (2), 
     until such time as the President determines and certifies to 
     the appropriate congressional committees that Burma has met 
     the conditions described in section 3(a)(3), beginning 60 
     days after the date of the enactment of the Tom Lantos Block 
     Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008, 
     the President shall require as a condition for the 
     importation into the United States of any non-Burmese covered 
     article that--
       ``(A) the exporter of the non-Burmese covered article has 
     implemented measures that have substantially the same effect 
     and achieve the same goals as the measures described in 
     clauses (i) through (iv) of paragraph (2)(B) (or their 
     functional equivalent) to prevent the trade in Burmese 
     covered articles; and
       ``(B) the importer of the non-Burmese covered article 
     agrees--
       ``(i) to maintain a full record of, in the form of reports 
     or otherwise, complete information relating to any act or 
     transaction related to the purchase, manufacture, or shipment 
     of the non-Burmese covered article for a period of not less 
     than 5 years from the date of entry of the non-Burmese 
     covered article; and
       ``(ii) to provide the information described in clause (i) 
     within the custody or control of such person to the relevant 
     United States authorities upon request.
       ``(2) Exception.--
       ``(A) In general.--The President may waive the requirements 
     of paragraph (1) with respect to the importation of non-
     Burmese covered articles from any country with respect to 
     which the President determines and certifies to the 
     appropriate congressional committees has implemented the 
     measures described in subparagraph (B) (or their functional 
     equivalent) to prevent the trade in Burmese covered articles.
       ``(B) Measures described.--The measures referred to in 
     subparagraph (A) are the following:
       ``(i) With respect to exportation from the country of 
     jadeite or rubies in rough form, a system of verifiable 
     controls on the jadeite or rubies from mine to exportation 
     demonstrating that the jadeite or rubies were not mined or 
     extracted from Burma, and accompanied by officially-validated 
     documentation certifying the country from which the jadeite 
     or rubies were mined or extracted, total carat weight, and 
     value of the jadeite or rubies.
       ``(ii) With respect to exportation from the country of 
     finished jadeite or polished rubies, a system of verifiable 
     controls on the jadeite or rubies from mine to the place of 
     final finishing of the jadeite or rubies demonstrating that 
     the jadeite or rubies were not mined or extracted from Burma, 
     and accompanied by officially-validated documentation 
     certifying the country from which the jadeite or rubies were 
     mined or extracted.
       ``(iii) With respect to exportation from the country of 
     articles of jewelry containing jadeite or rubies, a system of 
     verifiable controls on the jadeite or rubies from mine to the 
     place of final finishing of the article of jewelry containing 
     jadeite or rubies demonstrating that the jadeite or rubies 
     were not mined or extracted from Burma, and accompanied by 
     officially-validated documentation certifying the country 
     from which the jadeite or rubies were mined or extracted.
       ``(iv) Verifiable recordkeeping by all entities and 
     individuals engaged in mining, importation, and exportation 
     of non-Burmese covered articles in the country, and subject 
     to inspection and verification by authorized authorities of 
     the government of the country in accordance with applicable 
     law.
       ``(v) Implementation by the government of the country of 
     proportionate and dissuasive penalties against any persons 
     who violate laws and

[[Page 15628]]

     regulations designed to prevent trade in Burmese covered 
     articles.
       ``(vi) Full cooperation by the country with the United 
     Nations or other official international organizations that 
     seek to prevent trade in Burmese covered articles.
       ``(3) Regulatory authority.--The President is authorized 
     to, and shall as necessary, issue such proclamations, 
     regulations, licenses, and orders and conduct such 
     investigations, as may be necessary to implement the 
     provisions under paragraphs (1) and (2).
       ``(d) Inapplicability.--
       ``(1) In general.--The requirements of subsection (b)(1) 
     and subsection (c)(1) shall not apply to Burmese covered 
     articles and non-Burmese covered articles, respectively, that 
     were previously exported from the United States, including 
     those that accompanied an individual outside the United 
     States for personal use, if they are reimported into the 
     United States by the same person, without having been 
     advanced in value or improved in condition by any process or 
     other means while outside the United States.
       ``(2) Additional provision.--The requirements of subsection 
     (c)(1) shall not apply with respect to the importation of 
     non-Burmese covered articles that are imported by or on 
     behalf of an individual for personal use and accompanying an 
     individual upon entry into the United States.
       ``(e) Enforcement.--Burmese covered articles or non-Burmese 
     covered articles that are imported into the United States in 
     violation of any prohibition of this Act or any other 
     provision law shall be subject to all applicable seizure and 
     forfeiture laws and criminal and civil laws of the United 
     States to the same extent as any other violation of the 
     customs laws of the United States.
       ``(f) Sense of Congress.--
       ``(1) In general.--It is the sense of Congress that the 
     President should take the necessary steps to seek to 
     negotiate an international arrangement--similar to the 
     Kimberley Process Certification Scheme for conflict 
     diamonds--to prevent the trade in Burmese covered articles. 
     Such an international arrangement should create an effective 
     global system of controls and should contain the measures 
     described in subsection (c)(2)(B) (or their functional 
     equivalent).
       ``(2) Kimberley process certification scheme defined.--In 
     paragraph (1), the term `Kimberley Process Certification 
     Scheme' has the meaning given the term in section 3(6) of the 
     Clean Diamond Trade Act (Public Law 108-19; 19 U.S.C. 
     3902(6)).
       ``(g) Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Tom Lantos Block Burmese JADE 
     (Junta's Anti-Democratic Efforts) Act of 2008, the President 
     shall transmit to the appropriate congressional committees a 
     report describing what actions the United States has taken 
     during the 60-day period beginning on the date of the 
     enactment of such Act to seek--
       ``(A) the issuance of a draft waiver decision by the 
     Council for Trade in Goods of the World Trade Organization, 
     as specified in subsection (b)(3)(A);
       ``(B) the adoption of a resolution by the United Nations 
     General Assembly, as specified in subsection (b)(3)(B); and
       ``(C) the negotiation of an international arrangement, as 
     specified in subsection (f)(1).
       ``(2) Update.--The President shall make continued efforts 
     to seek the items specified in subparagraphs (A), (B), and 
     (C) of paragraph (1) and shall promptly update the 
     appropriate congressional committees on subsequent 
     developments with respect to these efforts.
       ``(h) GAO Report.--Not later than 14 months after the date 
     of the enactment of the Tom Lantos Block Burmese JADE 
     (Junta's Anti-Democratic Efforts) Act of 2008, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report on the 
     effectiveness of the implementation of this section. The 
     Comptroller General shall include in the report any 
     recommendations for improving the administration of this 
     Act.''.
       (b) Duration of Sanctions.--
       (1) Continuation of import sanctions.--Subsection (b) of 
     section 9 of the Burmese Freedom and Democracy Act of 2003 
     (Public Law 108-61; 50 U.S.C. 1701 note) is amended by adding 
     at the end the following new paragraph:
       ``(4) Rule of construction.--For purposes of this 
     subsection, any reference to section 3(a)(1) shall be deemed 
     to include a reference to section 3A (b)(1) and (c)(1).''.
       (2) Renewal resolutions.--Subsection (c) of such section is 
     amended by inserting after ``section 3(a)(1)'' each place it 
     appears the following: ``and section 3A (b)(1) and (c)(1)''.
       (3) Effective date.--
       (A) In general.--The amendments made by this subsection 
     take effect on the day after the date of the enactment of 5th 
     renewal resolution enacted into law after the date of the 
     enactment of the Burmese Freedom and Democracy Act of 2003, 
     or the date of the enactment of this Act, whichever occurs 
     later.
       (B) Renewal resolution defined.--In this paragraph, the 
     term ``renewal resolution'' means a renewal resolution 
     described in section 9(c) of the Burmese Freedom and 
     Democracy Act of 2003 that is enacted into law in accordance 
     with such section.
       (c) Conforming Amendment.--Section 3(b) of the Burmese 
     Freedom and Democracy Act of 2003 (Public Law 108-61; 50 
     U.S.C. 1701 note) is amended--
       (1) by striking ``prohibitions'' and inserting 
     ``restrictions'';
       (2) by inserting ``or section 3A (b)(1) or (c)(1)'' after 
     ``this section''; and
       (3) by striking ``a product of Burma'' and inserting 
     ``subject to such restrictions''.

     SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR 
                   BURMA.

       (a) United States Special Representative and Policy 
     Coordinator for Burma.--The President shall appoint a Special 
     Representative and Policy Coordinator for Burma, by and with 
     the advice and consent of the Senate.
       (b) Rank.--The Special Representative and Policy 
     Coordinator for Burma appointed under subsection (a) shall 
     have the rank of ambassador and shall hold the office at the 
     pleasure of the President. Except for the position of United 
     States Ambassador to the Association of Southeast Asian 
     Nations, the Special Representative and Policy Coordinator 
     may not simultaneously hold a separate position within the 
     executive branch, including the Assistant Secretary of State, 
     the Deputy Assistant Secretary of State, the United States 
     Ambassador to Burma, or the Charge d'affairs to Burma.
       (c) Duties and Responsibilities.--The Special 
     Representative and Policy Coordinator for Burma shall--
       (1) promote a comprehensive international effort, including 
     multilateral sanctions, direct dialogue with the SPDC and 
     democracy advocates, and support for nongovernmental 
     organizations operating in Burma and neighboring countries, 
     designed to restore civilian democratic rule to Burma and 
     address the urgent humanitarian needs of the Burmese people;
       (2) consult broadly, including with the Governments of the 
     People's Republic of China, India, Thailand, and Japan, and 
     the member states of ASEAN and the European Union to 
     coordinate policies toward Burma;
       (3) assist efforts by the United Nations Special Envoy to 
     secure the release of all political prisoners in Burma and to 
     promote dialogue between the SPDC and leaders of Burma's 
     democracy movement, including Aung San Suu Kyi;
       (4) consult with Congress on policies relevant to Burma and 
     the future and welfare of all the Burmese people, including 
     refugees; and
       (5) coordinate the imposition of Burma sanctions within the 
     United States Government and with the relevant international 
     financial institutions.

     SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

       (a) In General.--The President is authorized 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 $5,000,000 to the Secretary of State for 
     fiscal year 2008 to--
       (1) provide aid to democracy activists in Burma;
       (2) provide aid to individuals and groups conducting 
     democracy programming outside of Burma targeted at a peaceful 
     transition to constitutional democracy inside Burma; and
       (3) expand radio and television broadcasting into Burma.

     SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING 
                   THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the international community should increase support for 
     nongovernmental organizations attempting to meet the urgent 
     humanitarian needs of the Burmese people.
       (b) Licenses for Humanitarian or Religious Activities in 
     Burma.--Section 5 of the Burmese Freedom and Democracy Act of 
     2003 (50 U.S.C. 1701 note) is amended--
       (1) by inserting ``(a) Opposition to Assistance to Burma.--
     '' before ``The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Licenses for Humanitarian or Religious Activities in 
     Burma.--Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to issue multi-year 
     licenses for humanitarian or religious activities in 
     Burma.''.
       (c) Authorization of Appropriations.--
       (1) In general.--Notwithstanding any other provision of 
     law, there are authorized to be appropriated $11,000,000 to 
     the Secretary of State for fiscal year 2008 to support 
     operations by nongovernmental organizations, subject to 
     paragraph (2), designed to address the humanitarian needs of 
     the Burmese people inside Burma and in refugee camps in 
     neighboring countries.
       (2) Limitation.--
       (A) In general.--Except as provided under subparagraph (B), 
     amounts appropriated pursuant to paragraph (1) may not be 
     provided to--
       (i) SPDC-controlled entities;
       (ii) entities run by members of the SPDC or their families; 
     or
       (iii) entities providing cash or resources to the SPDC, 
     including organizations affiliated with the United Nations.
       (B) Waiver.--The President may waive the funding 
     restriction described in subparagraph (A) if--
       (i) the President determines and certifies to the 
     appropriate congressional committees that such waiver is in 
     the national interests of the United States;
       (ii) a description of the national interests need for the 
     waiver is submitted to the appropriate congressional 
     committees; and
       (iii) the description submitted under clause (ii) is posted 
     on a publicly accessible Internet Web site of the Department 
     of State.

[[Page 15629]]



     SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary of State shall submit to the Committee on Foreign 
     Affairs of the House of Representatives and the Committee on 
     Foreign Relations of the Senate a report containing a list of 
     countries, companies, and other entities that provide 
     military or intelligence aid to the SPDC and describing such 
     military or intelligence aid provided by each such country, 
     company, and other entity.
       (b) Military or Intelligence Aid Defined.--For the purpose 
     of this section, the term ``military or intelligence aid'' 
     means, with respect to the SPDC--
       (1) the provision of weapons, weapons parts, military 
     vehicles, or military aircraft;
       (2) the provision of military or intelligence training, 
     including advice and assistance on subject matter expert 
     exchanges;
       (3) the provision of weapons of mass destruction and 
     related materials, capabilities, and technology, including 
     nuclear, chemical, or dual-use capabilities;
       (4) conducting joint military exercises;
       (5) the provision of naval support, including ship 
     development and naval construction;
       (6) the provision of technical support, including computer 
     and software development and installations, networks, and 
     infrastructure development and construction; or
       (7) the construction or expansion of airfields, including 
     radar and anti-aircraft systems.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may include a 
     classified annex and the unclassified form shall be placed on 
     the Department of State's website.

     SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO 
                   BURMA.

       It is the sense of Congress that the United States should 
     lead efforts in the United Nations Security Council to impose 
     a mandatory international arms embargo on Burma, curtailing 
     all sales of weapons, ammunition, military vehicles, and 
     military aircraft to Burma until the SPDC releases all 
     political prisoners, restores constitutional rule, takes 
     steps toward inclusion of ethnic minorities in political 
     reconciliation efforts, and holds free and fair elections to 
     establish a new government.

     SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act and annually thereafter, the Secretary 
     of State, in consultation with the Secretary of Commerce, and 
     other Federal officials, as appropriate, shall submit to the 
     appropriate congressional committees a report on Burma's 
     timber trade containing information on the following:
       (1) Products entering the United States made in whole or in 
     part of wood grown and harvested in Burma, including 
     measurements of annual value and volume and considering both 
     legal and illegal timber trade.
       (2) Statistics about Burma's timber trade, including raw 
     wood and wood products, in aggregate and broken down by 
     country and timber species, including measurements of value 
     and volume and considering both legal and illegal timber 
     trade.
       (3) A description of the chains of custody of products 
     described in paragraph (1), including direct trade streams 
     from Burma to the United States and via manufacturing or 
     transshipment in third countries.
       (4) Illegalities, abuses, or corruption in the Burmese 
     timber sector.
       (5) A description of all common consumer and commercial 
     applications unique to Burmese hardwoods, including the 
     furniture and marine manufacturing industries.
       (b) Recommendations.--The report required under subsection 
     (a) shall include recommendations on the following:
       (1) Alternatives to Burmese hardwoods for the commercial 
     applications described in paragraph (5) of subsection (a), 
     including alternative species of timber that could provide 
     the same applications.
       (2) Strategies for encouraging sustainable management of 
     timber in locations with potential climate, soil, and other 
     conditions to compete with Burmese hardwoods for the consumer 
     and commercial applications described in paragraph (5) of 
     subsection (a).
       (3) The appropriate United States and international customs 
     documents and declarations that would need to be kept and 
     compiled in order to establish the chain of custody 
     concerning products described in paragraphs (1) and (3) of 
     subsection (a).
       (4) Strategies for strengthening the capacity of Burmese 
     civil society, including Burmese society in exile, to monitor 
     and report on the SPDC's trade in timber and other extractive 
     industries so that Burmese natural resources can be used to 
     benefit the majority of Burma's population.

     SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE 
                   SPDC.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary of the Treasury, in consultation with the Secretary 
     of State, shall submit to the Committee on Foreign Affairs of 
     the House of Representatives, the Committee on Ways and Means 
     of the House of the Representatives, the Committee on Foreign 
     Relations of the Senate, and the Committee on Finance of the 
     Senate a report containing a list of all countries and 
     foreign banking institutions that hold assets on behalf of 
     senior Burmese officials.
       (b) Definitions.--For the purpose of this section:
       (1) Senior burmese officials.--The term ``senior Burmese 
     officials'' shall mean individuals covered under section 
     5(d)(1) of this Act.
       (2) Other terms.--Other terms shall be defined under the 
     authority of and consistent with section 5(c)(2) of this Act.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may include a 
     classified annex. The report shall also be posted on the 
     Department of Treasury's website not later than 30 days of 
     the submission to Congress of the report. To the extent 
     possible, the report shall include the names of the senior 
     Burmese officials and the approximate value of their holdings 
     in the respective foreign banking institutions and any other 
     pertinent information.

     SEC. 14. UNOCAL PLAINTIFFS.

       (a) Sense of Congress.--It is the Sense of Congress that 
     the United States should work with the Royal Thai Government 
     to ensure the safety in Thailand of the 15 plaintiffs in the 
     Doe v. Unocal case, and should consider granting refugee 
     status or humanitarian parole to these plaintiffs to enter 
     the United States consistent with existing United States law.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate Congressional committees a report on the status 
     of the Doe vs. Unocal plaintiffs and whether the plaintiffs 
     have been granted refugee status or humanitarian parole.

     SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN 
                   BURMA'S OIL AND GAS INDUSTRY.

       (a) Findings and Declarations.--Congress finds the 
     following:
       (1) Currently United States, French, and Thai investors are 
     engaged in the production and delivery of natural gas in the 
     pipeline from the Yadana and Sein fields (Yadana pipeline) in 
     the Andaman Sea, an enterprise which falls under the 
     jurisdiction of the Burmese Government, and United States 
     investment by Chevron represents approximately a 28 percent 
     nonoperated, working interest in that pipeline.
       (2) The Congressional Research Service estimates that the 
     Yadana pipeline provides at least $500,000,000 in annual 
     revenue for the Burmese Government.
       (3) The natural gas that transits the Yadana pipeline is 
     delivered primarily to Thailand, representing about 20 
     percent of Thailand's total gas supply.
       (4) The executive branch has in the past exempted 
     investment in the Yadana pipeline from the sanctions regime 
     against the Burmese Government.
       (5) Congress believes that United States companies ought to 
     be held to a high standard of conduct overseas and should 
     avoid as much as possible acting in a manner that supports 
     repressive regimes such as the Burmese Government.
       (6) Congress recognizes the important symbolic value that 
     divestment of United States holdings in Burma would have on 
     the international sanctions effort, demonstrating that the 
     United States will continue to lead by example.
       (b) Statement of Policy.--
       (1) Congress urges Yadana investors to consider voluntary 
     divestment over time if the Burmese Government fails to take 
     meaningful steps to release political prisoners, restore 
     civilian constitutional rule and promote national 
     reconciliation.
       (2) Congress will remain concerned with the matter of 
     continued investment in the Yadana pipeline in the years 
     ahead.
       (3) Congress urges the executive branch to work with all 
     firms invested in Burma's oil and gas sector to use their 
     influence to promote the peaceful transition to civilian 
     democratic rule in Burma.
       (c) Sense of Congress.--It is the sense of Congress that so 
     long as Yadana investors remain invested in Burma, such 
     investors should--
       (1) communicate to the Burmese Government, military and 
     business officials, at the highest levels, concern about the 
     lack of genuine consultation between the Burmese Government 
     and its people, the failure of the Burmese Government to use 
     its natural resources to benefit the Burmese people, and the 
     military's use of forced labor;
       (2) publicly disclose and deal with in a transparent 
     manner, consistent with legal obligations, its role in any 
     ongoing investment in Burma, including its financial 
     involvement in any joint production agreement or other joint 
     ventures and the amount of their direct or indirect support 
     of the Burmese Government; and
       (3) work with project partners to ensure that forced labor 
     is not used to construct, maintain, support, or defend the 
     project facilities, including pipelines, offices, or other 
     facilities.

       Resolved further, That the House agree to the amendment of 
     the Senate to the title of the aforesaid bill with the 
     following:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the title of the bill, amend the 
     title so as to read: ``An Act to impose sanctions on 
     officials of the State Peace and Development Council in 
     Burma, to amend the Burmese Freedom and Democracy Act of 2003 
     to exempt humanitarian assistance from United States 
     sanctions on Burma, to prohibit the importation of gemstones 
     from Burma, or that originate in Burma, to promote a 
     coordinated international effort to restore civilian 
     democratic rule to Burma, and for other purposes.''.


[[Page 15630]]

  Mr. McCONNELL. Mr. President, I rise today to note Senate passage of 
H.R. 3890, the Tom Lantos Block Burmese JADE, Junta's Anti-Democratic 
Efforts, Act. This is bipartisan legislation that is now on its way to 
the President for his signature. In this effort, I was pleased to work 
closely again with my friend and colleague, Senator Biden of Delaware.
  This bill--appropriately named in honor of Tom Lantos, a great 
champion of Burmese freedom and reconciliation--will further ratchet up 
the already strict sanctions against the State Peace and Development 
Council, SPDC, the grotesquely misnamed ruling junta. In doing so, it 
will restrict the importation of jade into the U.S. through other 
countries, one of the most lucrative sources of profit for the junta. 
It also enhances existing financial sanctions against the regime and 
includes new reporting requirements which will provide greater 
transparency about the junta. These reports include data about the 
SPDC's financial holdings; information about countries that provide 
military assistance to the regime; and background on the Burmese timber 
trade.
  I would note that, like the annual Burmese Freedom and Democracy Act, 
this legislation does not interrupt the flow of humanitarian assistance 
to the people of Burma, who continue to struggle in the wake of Cyclone 
Nargis. By focusing the sanctions on the SPDC, this bill sends a clear 
message to the junta that the United States stands squarely with the 
freedom-loving people of Burma.
  As my colleagues can tell you, passing legislation sometimes means 
you don't get everything you want. I have been on record for over a 
decade as supporting the divestment of U.S. energy interests in Burma. 
I would have preferred it if Congress had taken binding action in this 
bill to compel divestment, but including such a provision would have 
threatened passage of this important legislation. Nonetheless, I would 
point out that Congress makes its position on the issue quite clear by 
encouraging the voluntary divestment of all energy companies operating 
in Burma.
  Finally, I would also like to express my appreciation for all those 
who have worked diligently on this legislation. In particular, I would 
like to thank Frank Jannuzi and Keith Luse of the Senate Foreign 
Relations Committee staff for their efforts.
  Mr. BROWN. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendments, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________