```

[110th Congress Public Law 286]
[From the U.S. Government Printing Office]

[DOCID: f:publ286.110]

[[Page 2631]]

 TOM LANTOS BLOCK BURMESE JADE (JUNTA'S ANTI-DEMOCRATIC EFFORTS) ACT OF 
                                  2008

[[Page 122 STAT. 2632]]

Public Law 110-286
110th Congress

                                 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. <<NOTE: July 
                       29, 2008 -  [H.R. 3890]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Tom Lantos Block 
Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008. Human 
rights. Political prisoners.>> 

SECTION 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.

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

SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.

    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) <<NOTE: Aung San Suu Kyi.>> 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;

[[Page 122 STAT. 2633]]

                    (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

[[Page 122 STAT. 2634]]

        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) <<NOTE: Ibrahim Gambari. Than Shwe.>> 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

[[Page 122 STAT. 2635]]

        unaffected areas on May 10, 2008, and in portions of the 
        affected Irrawaddy region and Rangoon on May 26, 2008.

SEC. 3. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.

    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.

SEC. 4. <<NOTE: 50 USC 1701 note.>> STATEMENT OF POLICY.

    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.

SEC. 5. <<NOTE: 50 USC 1701 note.>> SANCTIONS.

    (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.

[[Page 122 STAT. 2636]]

                    (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.--

[[Page 122 STAT. 2637]]

            (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 <<NOTE: Deadline. President.>> 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 <<NOTE: President.>> 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.

[[Page 122 STAT. 2638]]

    (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 <<NOTE: President. Certification.>> 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) <<NOTE: National League for Democracy.>> 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 <<NOTE: President. Certification.>> 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.

SEC. 6. <<NOTE: 50 USC 1701 note.>> AMENDMENTS TO THE BURMESE FREEDOM 
            AND DEMOCRACY ACT OF 2003.

    (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--

[[Page 122 STAT. 2639]]

                    ``(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 <<NOTE: President. Certification. Effective 
        date.>> 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:

[[Page 122 STAT. 2640]]

                    ``(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 <<NOTE: President. Certification. Effective date.>> 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) <<NOTE: Records.>> 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 <<NOTE: Exports.>> 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

[[Page 122 STAT. 2641]]

                      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) <<NOTE: Records.>> 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

[[Page 122 STAT. 2642]]

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 <<NOTE: President.>> 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 <<NOTE: 50 USC 1701 note.>> 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.--

[[Page 122 STAT. 2643]]

                    (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''.

SEC. 7. <<NOTE: 50 USC 1701 note.>> SPECIAL REPRESENTATIVE AND POLICY 
            COORDINATOR FOR BURMA.

    (a) United States Special Representative and Policy Coordinator for 
Burma.--The <<NOTE: President. Government organization.>> 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

[[Page 122 STAT. 2644]]

            (5) coordinate the imposition of Burma sanctions within the 
        United States Government and with the relevant international 
        financial institutions.

SEC. 8. <<NOTE: 50 USC 1701 note.>> SUPPORT FOR CONSTITUTIONAL DEMOCRACY 
            IN BURMA.

    (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.

SEC. 9. <<NOTE: 50 USC 1701 note.>> SUPPORT FOR NONGOVERNMENTAL 
            ORGANIZATIONS ADDRESSING THE 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;

[[Page 122 STAT. 2645]]

                          (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.

SEC. 10. <<NOTE: 50 USC 1701 note.>> REPORT ON MILITARY AND INTELLIGENCE 
            AID TO BURMA.

    (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 <<NOTE: Public information. Website.>> 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.

SEC. 11. <<NOTE: 50 USC 1701 note.>> SENSE OF CONGRESS ON INTERNATIONAL 
            ARMS SALES TO BURMA.

    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.

SEC. 12. <<NOTE: 50 USC 1701 note.>> REDUCTION OF SPDC REVENUE FROM 
            TIMBER.

    (a) Report.--Not <<NOTE: Deadline.>> 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:

[[Page 122 STAT. 2646]]

            (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.

SEC. 13. <<NOTE: Deadline. 50 USC 1701 note.>> REPORT ON FINANCIAL 
            ASSETS HELD BY MEMBERS OF THE SPDC.

    (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.

[[Page 122 STAT. 2647]]

    (c) Form.--
The <<NOTE: Public information. Website. Deadline.>> 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.

SEC. 14. <<NOTE: Thailand. Refugees. 50 USC 1701 note.>> UNOCAL 
            PLAINTIFFS.

    (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 <<NOTE: President. Deadline.>> 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.

SEC. 15. <<NOTE: 50 USC 1701 note.>> SENSE OF CONGRESS WITH RESPECT TO 
            INVESTMENTS IN BURMA'S OIL 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.

[[Page 122 STAT. 2648]]

            (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.

    Approved July 29, 2008.

LEGISLATIVE HISTORY--H.R. 3890:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-418, Pt. 1 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Dec. 11, considered and passed 
                                        House.
                                    Dec. 19, considered and passed 
                                        Senate, amended.
                                                        Vol. 154 (2008):
                                    July 15, House concurred in Senate 
                                        amendments with amendments 
                                        pursuant to H. Res. 1341.
                                    July 22, Senate concurred in House 
                                        amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            July 30, Presidential remarks.

                                  <all>
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