PUBLIC LAW 110–286—JULY 29, 2008 

TOM LANTOS BLOCK BURMESE JADE 

(JUNTA’S ANTI-DEMOCRATIC EFFORTS) ACT 

OF 2008 


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122 STAT. 2632 PUBLIC LAW 110–286—JULY 29, 2008 

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. 

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 ‘‘Tom Lantos Block Burmese 

JADE (Junta’s Anti-Democratic Efforts) Act of 2008’’. 

SEC. 2. 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) 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; 

Aung San Suu 

Kyi. 

50 USC 1701 

note. 

50 USC 1701 

note. 

Tom Lantos 

Block Burmese 

JADE (Junta’s 

Anti-Democratic 

Efforts) Act of 

2008. 

Human rights. 

Political 

prisoners. 

July 29, 2008 

[H.R. 3890] 


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PUBLIC LAW 110–286—JULY 29, 2008 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 


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122 STAT. 2634 PUBLIC LAW 110–286—JULY 29, 2008 

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 

Ibrahim 

Gambari. 

Than Shwe. 


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PUBLIC LAW 110–286—JULY 29, 2008 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. 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. 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. 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. 

50 USC 1701 

note. 

50 USC 1701 

note. 

50 USC 1701 

note. 


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122 STAT. 2636 PUBLIC LAW 110–286—JULY 29, 2008 

(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.— 


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PUBLIC LAW 110–286—JULY 29, 2008 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 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. 

President. 

Deadline. 

President. 


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122 STAT. 2638 PUBLIC LAW 110–286—JULY 29, 2008 

(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. 

SEC. 6. 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— 

50 USC 1701 

note. 

President. 

Certification. 

National League 

for Democracy. 

President. 

Certification. 


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PUBLIC LAW 110–286—JULY 29, 2008 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 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: 

President. 

Certification. 

Effective date. 


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122 STAT. 2640 PUBLIC LAW 110–286—JULY 29, 2008 

‘‘(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 COV- ERED 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 

Exports. 

Records. 

President. 

Certification. 

Effective date. 


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PUBLIC LAW 110–286—JULY 29, 2008 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) 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 

Records. 


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122 STAT. 2642 PUBLIC LAW 110–286—JULY 29, 2008 

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.— 

50 USC 1701 

note. 

President. 


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(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. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR 

BURMA. 

(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 

President. 

Government 

organization. 

50 USC 1701 

note. 


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(5) coordinate the imposition of Burma sanctions within 

the United States Government and with the relevant international financial institutions. 

SEC. 8. 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. 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; 

50 USC 1701 

note. 

50 USC 1701 

note. 


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(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. 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 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. 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. REDUCTION OF SPDC REVENUE FROM TIMBER. 

(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: 

Deadline. 

50 USC 1701 

note. 

50 USC 1701 

note. 

Public 

information. 

Website. 

50 USC 1701 

note. 


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122 STAT. 2646 PUBLIC LAW 110–286—JULY 29, 2008 

(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. 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. 

Deadline. 

50 USC 1701 

note. 


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PUBLIC LAW 110–286—JULY 29, 2008 122 STAT. 2647 

(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. 

SEC. 14. 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 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. 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. 

50 USC 1701 

note. 

President. 

Deadline. 

Thailand. 

Refugees. 

50 USC 1701 

note. 

Public 

information. 

Website. 

Deadline. 


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122 STAT. 2648 PUBLIC LAW 110–286—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. 

Æ 

(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. 


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