H. R. 2330

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Act of 2003’’.

SEC. 2. 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) 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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(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. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME

OF BURMA.

(a) GENERAL BAN.—

(1) IN 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.
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(2) BAN 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 childsoldiers.

(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’’
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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. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED

STATES.

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

of 1974.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.