[Weekly Compilation of Presidential Documents Volume 44, Number 38 (Monday, September 29, 2008)]
[Pages 1264-1267]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8294--To Implement Amendments to the Burmese Freedom and 
Democracy Act of 2003

 September 26, 2008

 By the President of the United States

 of America

 A Proclamation

    1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003 
(Public Law 108-61) (the ``Burmese Freedom and Democracy Act''), as 
amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's 
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the ``JADE 
Act''), directs the President to prohibit the importation of jadeite and 
rubies mined or extracted from Burma, as well as the importation of 
articles of jewelry containing jadeite and rubies mined or extracted 
from Burma (Burmese covered articles), 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) of the 
Burmese Freedom and Democracy Act.
    2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and 
Democracy Act, as amended, set forth certain conditions for the 
importation of jadeite and rubies mined or extracted from countries 
other than Burma, as well as for the importation of articles of jewelry 
containing jadeite and rubies mined or extracted from countries other 
than Burma (non-Burmese covered articles).
    3. Section 3A(c)(2) of the Act, as amended, also permits the 
President to waive the conditions for importation set forth in section 
3A(c)(1) of non-Burmese covered articles from any country with respect 
to which the President determines and certifies to the appropriate 
congressional committees that the country has implemented certain 
measures to prevent the trade in Burmese covered articles.
    4. In order to implement the prohibitions on the importation of 
Burmese covered articles and the conditions for importation of non-
Burmese covered articles set forth in sections 3A(b)(1), 3A(c)(1), and 
3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, it is 
necessary to modify the Harmonized Tariff Schedule of the United States 
(HTS) to include an additional U.S. Note to chapter 71.
    5. Section 604 of the Trade Act of 1974, as amended (the ``1974 
Act'') (19 U.S.C. 2483), authorizes the President to embody in the HTS 
the substance of relevant provisions of that Act, or other acts 
affecting import treatment, and of actions taken thereunder, including 
the removal, modification, continuance, or imposition of any rate of 
duty or other import restriction.
    6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and 
Democracy Act, as amended, authorize the President to issue such 
proclamations, regulations, licenses, and orders, and conduct such 
investigations, as may be necessary to implement the prohibition on 
Burmese covered articles set forth in section 3A(b)(1) of that Act and 
the conditions for importation of non-Burmese covered articles set forth 
in sections 3A(c)(1) and 3A(c)(2) of that Act.
    7. I have determined that it is appropriate to authorize the 
Secretary of the Treasury and the Secretary of Homeland Security, 
pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and 
Democracy Act, as amended, to issue regulations, licenses, and orders, 
and conduct such investigations as may be necessary, to implement

[[Page 1265]]

the prohibition on importation of Burmese covered articles set forth in 
section 3A(b)(1) of that Act and the conditions for importation of non-
Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of 
that Act. I further determine that it is appropriate to authorize the 
Secretary of the Treasury and the Secretary of Homeland Security to 
redelegate, as necessary, any of these functions to other officers and 
agencies of the United States Government consistent with applicable law.
    8. I have determined that it is appropriate to authorize the 
Secretary of the Treasury, in consultation with the Secretary of State, 
to perform the functions set forth in section 3A(c)(2)(A) of the Burmese 
Freedom and Democracy Act, as amended, relating to the issuance waivers 
of the conditions for importation set forth in section 3A(c)(1) of non-
Burmese covered articles from any country that has implemented certain 
measures to prevent the trade in Burmese covered articles. I further 
determine that it is appropriate to authorize the Secretary of the 
Treasury to redelegate, as necessary, any of these functions to other 
officers and agencies of the United States Government consistent with 
applicable law.
    9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as 
amended, directs the President to take all appropriate actions to seek 
issuance of a draft waiver decision by the Council for Trade in Goods of 
the World Trade Organization (WTO) granting a waiver of the applicable 
WTO obligations with respect to the provisions of section 3A of the 
Burmese Freedom and Democracy Act, as amended, and any measures taken to 
implement it.
    10. I have determined that it is appropriate to authorize the United 
States Trade Representative to perform the functions specified in 
section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as 
amended.
    11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as 
amended, directs the President to take all appropriate actions to seek 
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.
    12. I have determined that it is appropriate to authorize the 
Secretary of State to perform the functions specified in section 
3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.
    13. Section 3A(g) of the Burmese Freedom and Democracy Act, as 
amended, directs the President to, not later than January 26, 2009, 
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 the JADE Act to seek (i) the 
issuance of a draft waiver decision by the Council for Trade in Goods of 
the WTO, as specified in section 3A(b)(3)(A) of the Burmese Freedom and 
Democracy Act, as amended; (ii) the adoption of a resolution by the 
United Nations General Assembly, as specified in section 3A(b)(3)(B) of 
that Act; and (iii) the negotiation of an international arrangement, as 
specified in section 3A(f)(1) of that Act.
    14. I have determined that it is appropriate to authorize the 
Secretary of State, in consultation with the United States Trade 
Representative, to perform the functions specified in section 3A(g) of 
the Burmese Freedom and Democracy Act, as amended.
    15. Under section 3(b) of the Burmese Freedom and Democracy Act, as 
amended by section 6(c) of the JADE Act, the President may waive the 
restrictions described above if the President determines and notifies 
the Committees on Appropriations, Finance, and Foreign Relations of the 
Senate and the Committees on Appropriations, Foreign Affairs, and Ways 
and Means of the House of Representatives that to do so is in the 
national interest of the United States.
    16. I have determined that it is appropriate to authorize the 
Secretary of State to perform the functions and authorities specified in 
section 3(b) of the Burmese Freedom and Democracy Act, as amended.
    Now, Therefore, I, George W. Bush, President of the United States of 
America, acting under the authority vested in me by the Constitution and 
the laws of the United States of America, including sections 3 and

[[Page 1266]]

3A of the Burmese Freedom and Democracy Act, as amended by section 6 of 
the JADE Act, section 604 of the 1974 Act, and section 301 of title 3, 
United States Code, do proclaim that:
    (1) In order to implement the prohibition on the importation of 
Burmese covered articles and the conditions for the importation of non-
Burmese covered articles provided for in sections 3A(b)(1) and 3A(c)(1) 
of the Burmese Freedom and Democracy Act, as amended, an additional U.S. 
Note as set forth in the Annex to this proclamation is included in 
chapter 71 of the HTS.
    (2) Beginning on September 27, 2008, the importation into the United 
States of any Burmese covered article shall be prohibited, except as 
provided for (i) in section 3A(d) of the Burmese Freedom and Democracy 
Act, as amended; (ii) in regulations, orders, directives, or licenses 
that may be issued pursuant to this proclamation and section 3A(b)(2) of 
the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver 
issued pursuant to section 3(b) of the Burmese Freedom and Democracy 
Act, as amended.
    (3) Beginning on September 27, 2008, as a condition for the 
importation into the United States of any non-Burmese covered article, 
the importer and exporter of such article must meet the conditions set 
forth in section 3A(c)(1) of the Burmese Freedom and Democracy Act, as 
amended, except as provided for (i) in section 3A(d) of that Act; (ii) 
in regulations, orders, directives, or licenses issued pursuant to this 
proclamation and section 3A(c)(3) of the Burmese Freedom and Democracy 
Act, as amended; or (iii) by waiver issued pursuant to either section 
3(b) or section 3A(c)(2) of the Burmese Freedom and Democracy Act, as 
amended.
    (4) The Secretary of the Treasury and the Secretary of Homeland 
Security are hereby authorized, pursuant to sections 3A(b)(2) and 
3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue 
regulations, licenses, and orders, and conduct such investigations as 
may be necessary, to implement the prohibition on Burmese covered 
articles set forth in section 3A(b)(1) of that Act and the conditions 
for importation of non-Burmese covered articles set forth in sections 
3A(c)(1) and 3A(c)(2) of that Act. The Secretary of the Treasury and the 
Secretary of Homeland Security are further authorized to redelegate, as 
necessary, any of these functions to other officers and agencies of the 
United States Government consistent with applicable law.
    (5) The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to perform the functions set 
forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, 
as amended, relating to the issuance of waivers of the conditions for 
importation set forth in section 3A(c)(1) of non-Burmese covered 
articles from any country that has implemented certain measures to 
prevent the trade in Burmese covered articles. The Secretary of the 
Treasury may redelegate any of these functions to other officers and 
agencies of the United States Government consistent with applicable law.
    (6) The United States Trade Representative is hereby authorized to 
perform the functions specified in section 3A(b)(3)(A) of the Burmese 
Freedom and Democracy Act, as amended.
    (7) The Secretary of State is hereby authorized to perform the 
functions specified in section 3A(b)(3)(B) of the Burmese Freedom and 
Democracy Act, as amended.
    (8) The Secretary of State is hereby authorized, in consultation 
with the United States Trade Representative, to perform the functions 
specified in section 3A(g) of the Burmese Freedom and Democracy Act, as 
amended.
    (9) The Secretary of State is hereby authorized to perform the 
functions specified in section 3(b) of the Burmese Freedom and Democracy 
Act, as amended.
    (10) Any provisions of previous proclamations and Executive Orders 
that are inconsistent with the actions taken in this proclamation are 
superseded to the extent of such inconsistency.
    In Witness Whereof, I have hereunto set my hand this twenty-sixth 
day of September, in the year of our Lord two thousand eight, and of the 
Independence of the United States of America the two hundred and thirty-
third.
                                                George W. Bush

[[Page 1267]]

 [Filed with the Office of the Federal Register, 8:45 a.m., September 
30, 2008]

Note: This proclamation and its attached annex will be published in the 
Federal Register on October 1.