I 

108TH CONGRESS 

1ST SESSION H. R. 2330

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2003

Mr. LANTOS (for himself, Mr. KING of New York, Mr. HYDE, Mr. SMITH of 

New Jersey, Mr. RANGEL, Ms. ROS-LEHTINEN, Mr. MENENDEZ, Mr. 

ROHRABACHER, Mr. FALEOMAVAEGA, Mr. PITTS, Mr. LEVIN, Mr. 

SOUDER, Mr. ACKERMAN, Mr. SHERMAN, Mr. GEORGE MILLER of California, Mr. CROWLEY, Mr. HOEFFEL, Mr. BROWN of Ohio, Mr. ENGEL, 

Mr. BLUMENAUER, Mr. SCHIFF, Mr. ANDREWS, Mr. MCGOVERN, Mr. 

OLVER, Mr. FARR, Mr. EVANS, and Mr. ABERCROMBIE) introduced the 

following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, Financial 

Services, and the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Burmese Freedom and 

3 Democracy Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The State Peace and Development Council 

7 (SPDC) has failed to transfer power to the National 

8 League for Democracy (NLD) whose parliamentar9 ians won an overwhelming victory in the 1990 elec10 tions in Burma. 

11 (2) The SPDC has failed to enter into meaning12 ful, political dialogue with the NLD and ethnic mi13 norities and has dismissed the efforts of United Na14 tions Special Envoy Razali bin Ismail to further 

15 such dialogue. 

16 (3) According to the State Department’s ‘‘Re17 port to the Congress Regarding Conditions in 

18 Burma and U.S. Policy Toward Burma’’ dated 

19 March 28, 2003, the SPDC has become ‘‘more 

20 confrontational’’ in its exchanges with the NLD. 

21 (4) On May 30, 2003, the SPDC, threatened by 

22 continued support for the NLD throughout Burma, 

23 brutally attacked NLD supporters, killed and in24 jured scores of civilians, and arrested democracy ad25 vocate Aung San Suu Kyi and other activists. 
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1 (5) The SPDC continues egregious human 

2 rights violations against Burmese citizens, uses rape 

3 as a weapon of intimidation and torture against 

4 women, and forcibly conscripts child-soldiers for the 

5 use in fighting indigenous ethnic groups. 

6 (6) The SPDC has demonstrably failed to co7 operate with the United States in stopping the flood 

8 of heroin and methamphetamines being grown, re9 fined, manufactured, and transported in areas under 

10 the control of the SPDC serving to flood the region 

11 and much of the world with these illicit drugs. 

12 (7) The SPDC provides safety, security, and 

13 engages in business dealings with narcotics traf14 fickers under indictment by United States authori15 ties, and other producers and traffickers of nar16 cotics. 

17 (8) The International Labor Organization 

18 (ILO), for the first time in its 82-year history, 

19 adopted in 2000, a resolution recommending that 

20 governments, employers, and workers organizations 

21 take appropriate measures to ensure that their rela22 tions with the SPDC do not abet the government23 sponsored system of forced, compulsory, or slave 

24 labor in Burma, and that other international bodies 

25 reconsider any cooperation they may be engaged in 
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1 with Burma and, if appropriate, cease as soon as 

2 possible any activity that could abet the practice of 

3 forced, compulsory, or slave labor. 

4 (9) The SPDC has integrated the Burmese 

5 military and its surrogates into all facets of the 

6 economy effectively destroying any free enterprise 

7 system. 

8 (10) Investment in Burmese companies and 

9 purchases from them serve to provide the SPDC 

10 with currency that is used to finance its instruments 

11 of terror and repression against the Burmese people. 

12 (11) On April 15, 2003, the American Apparel 

13 and Footwear Association expressed its ‘‘strong sup14 port for a full and immediate ban on U.S. textiles, 

15 apparel and footwear imports from Burma’’ and 

16 called upon the United States Government to ‘‘im17 pose an outright ban on U.S. imports’’ of these 

18 items until Burma demonstrates respect for basic 

19 human and labor rights of its citizens. 

20 (12) The policy of the United States, as articu21 lated by the President on April 24, 2003, is to offi22 cially recognize the NLD as the legitimate represent23 ative of the Burmese people as determined by the 

24 1990 election. 
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1 SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILI2 TARY REGIME OF BURMA. 

3 (a) GENERAL BAN.—

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, until such time as the President de6 termines and certifies to Congress that Burma has 

7 met the conditions described in paragraph (3), no 

8 article may be imported into the United States that 

9 is produced, mined, manufactured, grown, or assem10 bled in Burma. 

11 (2) BAN ON IMPORTS FROM CERTAIN COMPA12 NIES.—The import restrictions contained in para13 graph (1) shall apply to, among other entities—

14 (A) the SPDC, any ministry of the SPDC, 

15 a member of the SPDC or an immediate family 

16 member of such member; 

17 (B) known narcotics traffickers from 

18 Burma or an immediate family member of such 

19 narcotics trafficker; 

20 (C) the Union of Myanmar Economics 

21 Holdings Incorporated (UMEHI) or any com22 pany in which the UMEHI has a fiduciary in23 terest; 

24 (D) the Myanmar Economic Corporation 

25 (MEC) or any company in which the MEC has 

26 a fiduciary interest; 
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1 (E) the Union Solidarity and Development 

2 Association (USDA); and 

3 (F) any successor entity for the SPDC, 

4 UMEHI, MEC, or USDA. 

5 (3) CONDITIONS DESCRIBED.—The conditions 

6 described in this paragraph are the following: 

7 (A) The SPDC has made substantial and 

8 measurable progress to end violations of inter9 nationally recognized human rights including 

10 rape, and the Secretary of State, after consulta11 tion with the ILO Secretary General and rel12 evant nongovernmental organizations, reports to 

13 the appropriate congressional committees that 

14 the SPDC no longer systematically violates 

15 workers rights, including the use of forced and 

16 child labor, and conscription of child-soldiers. 

17 (B) The SPDC has made measurable and 

18 substantial progress toward implementing a 

19 democratic government including—

20 (i) releasing all political prisoners; 

21 (ii) allowing freedom of speech and 

22 the press; 

23 (iii) allowing freedom of association; 

24 (iv) permitting the peaceful exercise of 

25 religion; and 
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1 (v) bringing to a conclusion an agree2 ment between the SPDC and the demo3 cratic forces led by the NLD and Burma’s 

4 ethnic nationalities on the transfer of 

5 power to a civilian government accountable 

6 to the Burmese people through democratic 

7 elections under the rule of law. 

8 (C) Pursuant to section 706(2) of the For9 eign Relations Authorization Act, Fiscal Year 

10 2003 (Public Law 107–228), Burma has not 

11 been designated as a country that has failed de12 monstrably to make substantial efforts to ad13 here to its obligations under international coun14 ternarcotics agreements and to take other effec15 tive counternarcotics measures, including, but 

16 not limited to (i) the arrest and extradition of 

17 all individuals under indictment in the United 

18 States for narcotics trafficking, (ii) concrete 

19 and measurable actions to stem the flow of il20 licit drug money into Burma’s banking system 

21 and economic enterprises, and (iii) actions to 

22 stop the manufacture and export of 

23 methamphetamines. 

24 (4) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—In this subsection, the term ‘‘appropriate 
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1 congressional committees’’ means the Committees on 

2 Foreign Relations and Appropriations of the Senate 

3 and the Committees on International Relations and 

4 Appropriations of the House of Representatives. 

5 (b) WAIVER AUTHORITIES.—The President may 

6 waive the prohibitions described in this section for any or 

7 all products imported from Burma to the United States 

8 if the President determines and notifies the Committees 

9 on Appropriations and Foreign Relations of the Senate 

10 and the Committees on Appropriations, International Re11 lations, and Ways and Means of the House of Representa12 tives that to do so is in the national security interest of 

13 the United States. 

14 (c) DURATION OF TRADE BAN.—The President may 

15 terminate the restrictions contained in this Act upon the 

16 request of a democratically elected government in Burma, 

17 provided that all the conditions in subsection (a)(3) have 

18 been met. 

19 SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN 

20 THE UNITED STATES. 

21 Not later than 60 days after the date of enactment 

22 of this Act, the Secretary of the Treasury shall direct, and 

23 promulgate regulations to the same, that any United 

24 States financial institution holding funds belonging to the 

25 SPDC or the assets of those individuals who hold senior 
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1 positions in the SPDC or its political arm, the Union Soli2 darity Development Association, shall promptly report 

3 those assets to the Office of Foreign Assets Control. The 

4 Secretary of the Treasury may take such action as may 

5 be necessary to secure such assets or funds. 

6 SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITU7 TIONS. 

8 The Secretary of the Treasury shall instruct the 

9 United States executive director to each appropriate inter10 national financial institution in which the United States 

11 participates, to oppose, and vote against the extension by 

12 such institution of any loan or financial or technical assist13 ance to Burma until such time as the conditions described 

14 in section 3(a)(3) are met. 

15 SEC. 6. EXPANSION OF VISA BAN. 

16 (a) IN GENERAL.—

17 (1) VISA BAN.—The President is authorized to 

18 deny visas and entry to the former and present lead19 ership of the SPDC or the Union Solidarity Develop20 ment Association. 

21 (2) UPDATES.—The Secretary of State shall co22 ordinate on a biannual basis with representatives of 

23 the European Union to ensure that an individual 

24 who is banned from obtaining a visa by the Euro25 pean Union for the reasons described in paragraph 
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1 (1) is also banned from receiving a visa from the 

2 United States. 

3 (b) PUBLICATION.—The Secretary of State shall post 

4 on the Department of State’s website the names of individ5 uals whose entry into the United States is banned under 

6 subsection (a). 

7 SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINA8 TION OF INFORMATION. 

9 Congress encourages the Secretary of State to high10 light the abysmal record of the SPDC to the international 

11 community and use all appropriate fora, including the As12 sociation of Southeast Asian Nations Regional Forum and 

13 Asian Nations Regional Forum, to encourage other states 

14 to restrict financial resources to the SPDC and Burmese 

15 companies while offering political recognition and support 

16 to Burma’s democratic movement including the National 

17 League for Democracy and Burma’s ethnic groups. 

18 SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. 

19 (a) IN GENERAL.—The President is authorized to 

20 use all available resources to assist Burmese democracy 

21 activists dedicated to nonviolent opposition to the regime 

22 in their efforts to promote freedom, democracy, and 

23 human rights in Burma, including a listing of constraints 

24 on such programming. 

25 (b) REPORTS.—
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1 (1) FIRST REPORT.—Not later than 3 months 

2 after the date of enactment of this Act, the Sec3 retary of State shall provide the Committees on Ap4 propriations and Foreign Relations of the Senate 

5 and the Committees on Appropriations and Inter6 national Relations of the House of Representatives 

7 a comprehensive report on its short- and long-term 

8 programs and activities to support democracy activ9 ists in Burma, including a list of constraints on such 

10 programming. 

11 (2) REPORT ON RESOURCES.—Not later than 6 

12 months after the date of enactment of this Act, the 

13 Secretary of State shall provide the Committees on 

14 Appropriations and Foreign Relations of the Senate 

15 and the Committees on Appropriations and Inter16 national Relations of the House of Representatives 

17 a report identifying resources that will be necessary 

18 for the reconstruction of Burma, after the SPDC is 

19 removed from power, including—

20 (A) the formation of democratic institu21 tions; 

22 (B) establishing the rule of law; 

23 (C) establishing freedom of the press; 
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1 (D) providing for the successful reintegra2 tion of military officers and personnel into Bur3 mese society; and 

4 (E) providing health, educational, and eco5 nomic development.

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