[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3890 Enrolled Bill (ENR)]
H.R.3890
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

4f753b32c4d6fb1e8f2eee3328946774c40e0c3c29165e66c4edac507895711f

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

f5d540e4562f4641ea92a7bf209ee94dc0266db419cdf9f8580f827c6d825c79

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 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.

ac459b54639972fb6d500972aa9a2b58422adc226b24aa2ad1ea9e8d8ec3e1e9

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.

8031c282ba7ee454b626305f79c91f0362921d5eb9c6616cecc2b157bb80a165

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.

b262abd354f439f6a9ce5c9343f3b730527d755905e16a0db7d4ba6ad6adc923

(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.
(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.

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(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 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''.

7704e3f975213ea84242664c0f7db5a9824377be673aa800ccd0ca6618bca3e1

(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.

241a3a8668d62e5ca3cd0b04474abe2a21fe70737f975b7ca433571c0d61ce76

(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.

7d36a9492b292042f5d518bb499ed654ec711295d0df52940b902497deeef182

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.

915314c5ee3335b49339fcbe4b3e0779ecee4c8f54bfa08fff6f9f08f06fcb26

(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.

800c511441fa2ddcd35f220dced04569065d23380895668a99b5dd4c8d1e7080

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.

1f4774f918cbaffd9dbdcdcb8810c8907c159b2768e262155f8ecb78ed8493ce

(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.

f9353bbbfc302b56cc4d56fdcc240db20ce0583f028d7e0f5c433ad45e55ecac

(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.

11097d4c165056fef7eceacff70c48b3db72a5cec8e4be58b48f7d1cf3d786cb

(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.

fa6b3ca90f9e2fad688cbefa9e23c59f4327cb77113b5b961760f0113d885def

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

9e3e3e51f00a9c8d527f81a0bfc4e1a4a8c0cfee17badaf109fe675d00ab774a

Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007 — HR. 3890

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