    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 864]]

    Public Law 108-61
    108th Congress

    An Act

    To sanction the ruling Burmese military junta, to strengthen Burma's
    democratic forces and support and recognize the National League of
    Democracy as the legitimate representative of the Burmese people, and
    for other purposes. [NOTE: July 28, 2003 -  [H.R. 2330]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Burmese Freedom and
    Democracy Act of2003. Foreign relations.] assembled,

    SECTION 1. [NOTE: 50 USC 1701 note.] SHORT TITLE.

    This Act may be cited as the ``Burmese Freedom and Democracy Act of
    2003''.

    SEC. 2. [NOTE: 50 USC 1701 note.] FINDINGS.

    Congress makes the following findings:
    (1) The State Peace and Development Council (SPDC) has
    failed to transfer power to the National League for Democracy
    (NLD) whose parliamentarians won an overwhelming victory in the
    1990 elections in Burma.
    (2) The SPDC has failed to enter into meaningful, political
    dialogue with the NLD and ethnic minorities and has dismissed
    the efforts of United Nations Special Envoy Razali bin Ismail to
    further such dialogue.
    (3) According to the State Department's ``Report to the
    Congress Regarding Conditions in Burma and U.S. Policy Toward
    Burma'' dated March 28, 2003, the SPDC has become ``more
    confrontational'' in its exchanges with the NLD.
    (4) [NOTE: Aung San Suu Kyi.] On May 30, 2003, the SPDC,
    threatened by continued support for the NLD throughout Burma,
    brutally attacked NLD supporters, killed and injured scores of
    civilians, and arrested democracy advocate Aung San Suu Kyi and
    other activists.
    (5) The SPDC continues egregious human rights violations
    against Burmese citizens, uses rape as a weapon of intimidation
    and torture against women, and forcibly conscripts child-
    soldiers for the use in fighting indigenous ethnic groups.
    (6) The SPDC is engaged in ethnic cleansing against
    minorities within Burma, including the Karen, Karenni, and Shan
    people, which constitutes a crime against humanity and has
    directly led to more than 600,000 internally displaced people
    living within Burma and more than 130,000 people from Burma
    living in refugee camps along the Thai-Burma border.
    (7) The ethnic cleansing campaign of the SPDC is in sharp
    contrast to the traditional peaceful coexistence in Burma of
    Buddhists, Muslims, Christians, and people of traditional
    beliefs.

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    117 STAT. 865

    (8) The SPDC has demonstrably failed to cooperate with the
    United States in stopping the flood of heroin and
    methamphetamines being grown, refined, manufactured, and
    transported in areas under the control of the SPDC serving to
    flood the region and much of the world with these illicit drugs.
    (9) The SPDC provides safety, security, and engages in
    business dealings with narcotics traffickers under indictment by
    United States authorities, and other producers and traffickers
    of narcotics.
    (10) The International Labor Organization (ILO), for the
    first time in its 82-year history, adopted in 2000, a resolution
    recommending that governments, employers, and workers
    organizations take appropriate measures to ensure that their
    relations with the SPDC do not abet the government-sponsored
    system of forced, compulsory, or slave labor in Burma, and that
    other international bodies reconsider any cooperation they may
    be engaged in with Burma and, if appropriate, cease as soon as
    possible any activity that could abet the practice of forced,
    compulsory, or slave labor.
    (11) The SPDC has integrated the Burmese military and its
    surrogates into all facets of the economy effectively destroying
    any free enterprise system.
    (12) Investment in Burmese companies and purchases from them
    serve to provide the SPDC with currency that is used to finance
    its instruments of terror and repression against the Burmese
    people.
    (13) On April 15, 2003, the American Apparel and Footwear
    Association expressed its ``strong support for a full and
    immediate ban on U.S. textiles, apparel and footwear imports
    from Burma'' and called upon the United States Government to
    ``impose an outright ban on U.S. imports'' of these items until
    Burma demonstrates respect for basic human and labor rights of
    its citizens.
    (14) The policy of the United States, as articulated by the
    President on April 24, 2003, is to officially recognize the NLD
    as the legitimate representative of the Burmese people as
    determined by the 1990 election.
    (15) The United States must work closely with other nations,
    including Thailand, a close ally of the United States, to
    highlight attention to the SPDC's systematic abuses of human
    rights in Burma, to ensure that nongovernmental organizations
    promoting human rights and political freedom in Burma are
    allowed to operate freely and without harassment, and to craft a
    multilateral sanctions regime against Burma in order to pressure
    the SPDC to meet the conditions identified in section 3(a)(3) of
    this Act.

    SEC. 3. [NOTE: 50 USC 1701 note.] BAN AGAINST TRADE THAT SUPPORTS THE
    MILITARY REGIME OF BURMA.

    (a) General Ban.--
    (1) In [NOTE: Effective date. President.] general.--
    Notwithstanding any other provision of law, until such time as
    the President determines and certifies to Congress that Burma
    has met the conditions described in paragraph (3), beginning 30
    days after the date of the enactment of this Act, the President
    shall ban the importation of any article that is a product of
    Burma.

    [[Page 866]]

    117 STAT. 866

    (2) Ban [NOTE: Applicability.] on imports from certain
    companies.--The import restrictions contained in paragraph (1)
    shall apply to, among other entities--
    (A) the SPDC, any ministry of the SPDC, a member of
    the SPDC or an immediate family member of such member;
    (B) known narcotics traffickers from Burma or an
    immediate family member of such narcotics trafficker;
    (C) the Union of Myanmar Economics Holdings
    Incorporated (UMEHI) or any company in which the UMEHI
    has a fiduciary interest;
    (D) the Myanmar Economic Corporation (MEC) or any
    company in which the MEC has a fiduciary interest;
    (E) the Union Solidarity and Development Association
    (USDA); and
    (F) any successor entity for the SPDC, UMEHI, MEC,
    or USDA.
    (3) Conditions described.--The conditions described in this
    paragraph are the following:
    (A) The SPDC has made substantial and measurable
    progress to end violations of internationally recognized
    human rights including rape, and the Secretary of State,
    after consultation with the ILO Secretary General and
    relevant nongovernmental organizations, reports to the
    appropriate congressional committees that the SPDC no
    longer systematically violates workers rights, including
    the use of forced and child labor, and conscription of
    child-soldiers.
    (B) The SPDC has made measurable and substantial
    progress toward implementing a democratic government
    including--
    (i) releasing all political prisoners;
    (ii) allowing freedom of speech and the press;
    (iii) allowing freedom of association;
    (iv) permitting the peaceful exercise of
    religion; and
    (v) bringing to a conclusion an agreement
    between the SPDC and the democratic forces led by
    the NLD and Burma's ethnic nationalities on the
    transfer of power to a civilian government
    accountable to the Burmese people through
    democratic elections under the rule of law.
    (C) Pursuant to section 706(2) of the Foreign
    Relations Authorization Act, Fiscal Year 2003 (Public
    Law 107-228), Burma has not been designated as a country
    that has failed demonstrably to make substantial efforts
    to adhere to its obligations under international
    counternarcotics agreements and to take other effective
    counternarcotics measures, including, but not limited to
    (i) the arrest and extradition of all individuals under
    indictment in the United States for narcotics
    trafficking, (ii) concrete and measurable actions to
    stem the flow of illicit drug money into Burma's banking
    system and economic enterprises, and (iii) actions to
    stop the manufacture and export of methamphetamines.
    (4) Appropriate congressional committees.--In this
    subsection, the term ``appropriate congressional committees''

    [[Page 867]]

    117 STAT. 867

    means the Committees on Foreign Relations and Appropriations of
    the Senate and the Committees on International Relations and
    Appropriations of the House of Representatives.

    (b) Waiver Authorities.--The President may waive the prohibitions
    described in this section for any or all articles that are a product of
    Burma if the President determines and notifies the Committees on
    Appropriations, Finance, and Foreign Relations of the Senate and the
    Committees on Appropriations, International Relations, and Ways and
    Means of the House of Representatives that to do so is in the national
    interest of the United States.

    SEC. 4. [NOTE: 50 USC 1701 note.] FREEZING ASSETS OF THE BURMESE
    REGIME IN THE UNITED STATES.

    (a)
    Reporting [NOTE: Deadline. President. Regulations.] Requirement.--Not
    later than 60 days after the date of enactment of this Act, the
    President shall take such action as is necessary to direct, and
    promulgate regulations to the same, that any United States financial
    institution holding funds belonging to the SPDC or the assets of those
    individuals who hold senior positions in the SPDC or its political arm,
    the Union Solidarity Development Association, shall promptly report
    those funds or assets to the Office of Foreign Assets Control.

    (b) Additional Authority.--The President may take such action as may
    be necessary to impose a sanctions regime to freeze such funds or
    assets, subject to such terms and conditions as the President determines
    to be appropriate.
    (c) Delegation.--The President may delegate the duties and
    authorities under this section to such Federal officers or other
    officials as the President deems appropriate.

    SEC. 5. [NOTE: 50 USC 1701 note.] LOANS AT INTERNATIONAL FINANCIAL
    INSTITUTIONS.

    The Secretary of the Treasury shall instruct the United States
    executive director to each appropriate international financial
    institution in which the United States participates, to oppose, and vote
    against the extension by such institution of any loan or financial or
    technical assistance to Burma until such time as the conditions
    described in section 3(a)(3) are met.

    SEC. 6. [NOTE: 50 USC 1701 note.] EXPANSION OF VISA BAN.

    (a) In General.--
    (1) Visa ban.--The President is authorized to deny visas and
    entry to the former and present leadership of the SPDC or the
    Union Solidarity Development Association.
    (2) Updates.--The Secretary of State shall coordinate on a
    biannual basis with representatives of the European Union to
    allow officials of the United States and the European Union to
    ensure a high degree of coordination of lists of individuals
    banned from obtaining a visa by the European Union for the
    reason described in paragraph (1) and those banned from
    receiving a visa from the United States.

    (b) Publication.--The [NOTE: Internet.] Secretary of State shall
    post on the Department of State's website the names of individuals whose
    entry into the United States is banned under subsection (a).

    SEC. 7. [NOTE: 50 USC 1701 note.] CONDEMNATION OF THE REGIME AND
    DISSEMINATION OF INFORMATION.

    Congress encourages the Secretary of State to highlight the abysmal
    record of the SPDC to the international community and use all
    appropriate fora, including the Association of Southeast

    [[Page 868]]

    117 STAT. 868

    Asian Nations Regional Forum and Asian Nations Regional Forum, to
    encourage other states to restrict financial resources to the SPDC and
    Burmese companies while offering political recognition and support to
    Burma's democratic movement including the National League for Democracy
    and Burma's ethnic groups.

    SEC. 8. [NOTE: 50 USC 1701 note.] SUPPORT DEMOCRACY ACTIVISTS IN
    BURMA.

    (a) In General.--The President is authorized to use all available
    resources to assist Burmese democracy activists dedicated to nonviolent
    opposition to the regime in their efforts to promote freedom, democracy,
    and human rights in Burma, including a listing of constraints on such
    programming.
    (b) [NOTE: Deadlines.] Reports.--
    (1) First report.--Not later than 3 months after the date of
    enactment of this Act, the Secretary of State shall provide the
    Committees on Appropriations and Foreign Relations of the Senate
    and the Committees on Appropriations and International Relations
    of the House of Representatives a comprehensive report on its
    short- and long-term programs and activities to support
    democracy activists in Burma, including a list of constraints on
    such programming.
    (2) Report on resources.--Not later than 6 months after the
    date of enactment of this Act, the Secretary of State shall
    provide the Committees on Appropriations and Foreign Relations
    of the Senate and the Committees on Appropriations and
    International Relations of the House of Representatives a report
    identifying resources that will be necessary for the
    reconstruction of Burma, after the SPDC is removed from power,
    including--
    (A) the formation of democratic institutions;
    (B) establishing the rule of law;
    (C) establishing freedom of the press;
    (D) providing for the successful reintegration of
    military officers and personnel into Burmese society;
    and
    (E) providing health, educational, and economic
    development.
    (3) Report on trade sanctions.--Not later than 90 days
    before the date on which the import restrictions contained in
    section 3(a)(1) are to expire, the Secretary of State, in
    consultation with the United States Trade Representative and the
    heads of appropriate agencies, shall submit to the Committees on
    Appropriations, Finance, and Foreign Relations of the Senate,
    and the Committees on Appropriations, International Relations,
    and Ways and Means of the House of Representatives, a report
    on--
    (A) bilateral and multilateral measures undertaken
    by the United States Government and other governments to
    promote human rights and democracy in Burma;
    (B) the extent to which actions related to trade
    with Burma taken pursuant to this Act have been
    effective in--
    (i) improving conditions in Burma, including
    human rights violations, arrest and detention of
    democracy activists, forced and child labor, and
    the status of dialogue between the SPDC and the
    NLD and ethnic minorities;

    [[Page 869]]

    117 STAT. 869

    (ii) furthering the policy objections of the
    United States toward Burma; and
    (C) the impact of actions relating to trade take
    pursuant to this Act on other national security,
    economic, and foreign policy interests of the United
    States, including relations with countries friendly to
    the United States.

    SEC. 9. [NOTE: 50 USC 1701 note.] DURATION OF SANCTIONS.

    (a) Termination by Request From Democratic Burma.--The President may
    terminate any provision in this Act upon the request of a democratically
    elected government in Burma, provided that all the conditions in section
    3(a)(3) have been met.
    (b) Continuation of Import Sanctions.--
    (1) Expiration.--The import restrictions contained in
    section 3(a)(1) shall expire 1 year from the date of enactment
    of this Act unless renewed under paragraph (2) of this section.
    (2) Resolution by congress.--The import restrictions
    contained in section 3(a)(1) may be renewed annually for a 1-
    year period if, prior to the anniversary of the date of
    enactment of this Act, and each year thereafter, a renewal
    resolution is enacted into law in accordance with subsection
    (c).
    (3) Limitation.--The import restrictions contained in
    section 3(a)(1) may be renewed for a maximum of three years from
    the date of the enactment of this Act.

    (c) Renewal Resolutions.--
    (1) In general.--For purposes of this section, the term
    ``renewal resolution'' means a joint resolution of the 2 Houses
    of Congress, the sole matter after the resolving clause of which
    is as follows: ``That Congress approves the renewal of the
    import restrictions contained in section 3(a)(1) of the Burmese
    Freedom and Democracy Act of 2003.''.
    (2) [NOTE: Applicability.] Procedures.--
    (A) In general.--A renewal resolution--
    (i) may be introduced in either House of
    Congress by any member of such House at any time
    within the 90-day period before the expiration of
    the import restrictions contained in section
    3(a)(1); and
    (ii) the provisions of subparagraph (B) shall
    apply.
    (B) Expedited consideration.--The provisions of
    section 152(b), (c), (d), (e), and (f) of the Trade Act
    of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f))
    apply to a renewal resolution under this Act as if such
    resolution were a

    [[Page 870]]

    117 STAT. 870

    resolution described in section 152(a) of the Trade Act
    of 1974.

    Approved July 28, 2003.

    LEGISLATIVE HISTORY--H.R. 2330 (S. 1215):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-159, Pt. 1 (Comm. on International Relations) and
    Pt. 2 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 14, 15, considered and passed House.
    July 16, considered and passed Senate.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    July 28, Presidential statement.