I

104TH CONGRESS

2D SESSION H. R. 2892

To impose sanctions on Burma, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1996

Mr. ROHRABACHER (for himself, Mr. ROYCE, and Mr. SMITH of New Jersey)

introduced the following bill; which was referred to the Committee on

International Relations, and in addition to the Committees on Banking

and Financial Services, the Judiciary, Commerce, and Transportation

and Infrastructure, for a period to be subsequently determined by the

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

the jurisdiction of the committee concerned

A BILL

To impose sanctions on Burma, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Burma Freedom and

5 Democracy Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) Since 1962 Burma has been ruled by a mili9 tary dictatorship.
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1 (2) As part of a crackdown against the Bur2 mese pro-democracy movement, the State Law and

3 Order Restoration Council (SLORC) was established

4 by the military dictatorship in 1988.

5 (3) On May 27, 1990, the people of Burma

6 voted overwhelmingly in a free election for Daw

7 Aung San Suu Kyi and the National League for De8 mocracy (NLD).

9 (4) Despite numerous pledges, the SLORC has

10 failed to honor the results of the 1990 elections.

11 (5) The United States has not sent an ambas12 sador to Rangoon in protest of the failure of the

13 SLORC to honor the 1990 elections and the contin14 ued human rights abuses suffered by the Burmese

15 people.

16 (6) In response to the massacre of thousands of

17 Burmese participating in peaceful democratic dem18 onstrations, the Congress adopted a provision as

19 part of the Customs and Trade Act of 1990 requir20 ing the President to impose appropriate economic

21 sanctions on Burma.

22 (7) Currently the United States has suspended

23 economic aid to Burma, placed an embargo on arms

24 sales to Burma, denied trade preferences under title
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1 V of the Trade Act of 1974 to Burma, and decerti2 fied Burma as a narcotics cooperating country.

3 (8) On April 30, 1994, the Foreign Relations

4 Authorization Act, Fiscal Years 1994 and 1995

5 (Public Law 103–236), placed Burma on the list of

6 international ‘‘outlaw’’ states that includes Libya,

7 North Korea, and Iraq and which is set forth in sec8 tion 307 of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2227(a)), thus mandating that voluntary

10 United States funding for any United Nations agen11 cy will be automatically reduced if the agency con12 ducts programs in Burma.

13 (9) On July 15, 1994, the Senate adopted Sen14 ate Resolution 234 calling on the Administration to

15 encourage members of the Association of Southeast

16 Asian Nations (ASEAN) to work with the United

17 States to achieve the transfer of power to the win18 ners of Burma’s 1990 democratic election.

19 (10) On July 25, 1994, the House of Rep20 resentatives adopted House Resolution 471, which

21 urged the Burmese regime to transfer power to

22 democratically elected leaders of Burma and to re23 spect human rights.

24 (11) On June 28, 1995, the House of Rep25 resentatives agreed to an amendment to House Bill
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1 1868, which prohibited funds for international nar2 cotics control or crop substitution assistance for the

3 Burmese regime.

4 (12) In early 1995 the SLORC conducted a

5 military campaign against ethnic minorities, many of

6 whom are Christian, along the border between

7 Burma and Thailand, including the headquarters of

8 the Democratic Alliance of Burma at Mannerplaw.

9 (13) On July 10, 1995, after six years of un10 lawful detention, the SLORC released Nobel Peace

11 Prize winner Daw Aung San Suu Kyi, the leader of

12 the NLD.

13 (14) Since the release of Daw Aung San Suu

14 Kyi, the SLORC has rejected her efforts to establish

15 a timetable for dialogue and national reconciliation

16 and has denied the NLD a meaningful role in a

17 credible political process.

18 (15) The 1995 Human Rights Watch World

19 Report states that Muslims in the Arakan State are

20 subject to forced relocations, forced labor, and reli21 gious persecution.

22 (16) On December 19, 1995, the House of Rep23 resentatives adopted House Resolution 274, which

24 calls on the Burmese regime to begin a political dia25 logue with democratically elected leaders of Burma,
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1 release political prisoners, guarantee respect for

2 basic human rights, and restore civilian and demo3 cratic rule to the people of Burma.

4 SEC. 3. DECLARATIONS OF POLICY.

5 (a) IN GENERAL.—The Congress declares that it is

6 the policy of the United States—

7 (1) to support actively the prompt transition

8 from a military dictatorship to a democratic govern9 ment in Burma;

10 (2) to encourage the State Law and Order Res11 toration Council (SLORC) to immediately and un12 conditionally release all political prisoners and allow

13 them to participate in the political process;

14 (3) to recognize the individuals who won the

15 1990 democratic election as the legitimate represent16 atives of the Burmese people;

17 (4) to expand contact between the democrat18 ically elected leaders of Burma and the United

19 States mission in Rangoon in order to facilitate the

20 democratic process in Burma;

21 (5) to encourage the SLORC and friendly gov22 ernments to permit democratically elected leaders of

23 Burma to travel freely;

24 (6) to provide humanitarian assistance to dis25 placed persons inside Burma and to refugees from
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1 Burma along the border between Burma and Thai2 land;

3 (7) to further expand trade sanctions against

4 Burma not later than 180 days after the date of the

5 enactment of this Act unless a process of political

6 reconciliation, characterized by a substantial and

7 sustained dialogue between the SLORC and Daw

8 Aung San Suu Kyi and other elected leaders of the

9 National League for Democracy, is established; and

10 (8) to encourage friendly nations to adopt trade

11 policies similar to the trade policies established by

12 this Act.

13 (b) COOPERATION WITH BURMA RELATING TO

14 COUNTERNARCOTICS ACTIVITIES.—The Congress declares

15 that—

16 (1) cooperation with Burma relating to

17 counternarcotics activities should be limited to im18 proving the capability of Burma to detect and con19 fiscate narcotics at the international airport in Ran20 goon and at the coastal port facilities in Burma;

21 (2) such cooperation with Burma should be ini22 tiated only after the President has certified in writ23 ing to the Congress that such counternarcotics ac24 tivities are fully consistent with United States
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1 human rights concerns in Burma and are vital to

2 United States interests; and

3 (3) multilateral cooperation with Burma relat4 ing to counternarcotics activities should not contrib5 ute to violations of internationally recognized human

6 rights in Burma.

7 SEC. 4. SANCTIONS.

8 (a) IN GENERAL.—Until such time as the President

9 determines and certifies to the appropriate congressional

10 committees that an elected government of Burma has been

11 allowed to take power as result of the 1990 election or

12 by new free and fair elections—

13 (1) the sanctions described in subsection (b)

14 shall be imposed on Burma; and

15 (2) the appropriate Government officials may

16 apply the sanctions described in subsection (c)

17 against Burma.

18 (b) MANDATORY SANCTIONS.—

19 (1) INVESTMENT SANCTION.—

20 (A) IN GENERAL.—United States nationals

21 shall not make any investment in Burma.

22 (B) EFFECTIVE DATE.—The prohibition

23 contained in subparagraph (A) shall not apply

24 to investments initiated on or before January

25 25, 1996.
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1 (C) REGULATORY AUTHORITY.—The Presi2 dent shall issue such regulations, licenses, or

3 orders as are necessary to carry out this para4 graph.

5 (2) UNITED STATES ASSISTANCE.—United

6 States assistance shall not be provided for Burma.

7 (3) MULTILATERAL ASSISTANCE.—The Sec8 retary of the Treasury shall instruct the United

9 States executive director of each financial institution

10 to vote against any loan or other utilization of the

11 funds of the respective bank to or for Burma.

12 (4) PROMOTION OF TRADE OR OTHER COMMER13 CIAL ACTIVITY.—None of the funds appropriated or

14 otherwise available to any Federal department or

15 agency shall be obligated or expended for the pur16 pose of promoting trade or other commercial activity

17 between the United States and Burma.

18 (5) ADMISSION TO UNITED STATES OF BUR19 MESE NATIONALS.—(A) Except as provided in sub20 paragraph (B), any Burmese national who formu21 lates, implements, or benefits from policies which

22 hinder the transition of Burma to a democratic

23 country, as determined by the Attorney General, and

24 any member of the immediate family of such a na-
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1 tional, shall be ineligible to receive a visa and shall

2 be excluded from admission into the United States.

3 (B) The Attorney General may waive the appli4 cation of subparagraph (A) with respect to any indi5 vidual.

6 (6) ADMISSION TO UNITED STATES OF MEM7 BERS OF SLORC MILITARY OR POLICE FORCES.—(A)

8 Except as provided in subparagraph (B), any mem9 ber, officer, or employee of any military or police

10 force of the Burmese military regime, known as the

11 State Law and Order Restoration Council (SLORC),

12 as determined by the Attorney General, shall be in13 eligible to receive a visa and shall be excluded from

14 admission into the United States.

15 (B) The Attorney General may waive the appli16 cation of subparagraph (A) with respect to any indi17 vidual.

18 (7) ADMISSION TO UNITED STATES OF CERTAIN

19 OFFICIALS OF THE GOVERNMENT OF BURMA AND

20 BURMESE CITIZENS.—(A) Except as provided in

21 subparagraph (B), any official of the Burmese mili22 tary regime, known as the State Law and Order

23 Restoration Council (SLORC), or any citizen of

24 Burma who the Attorney General determines has

25 committed acts which constitute the essential ele-
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1 ments of a violation under chapter 113A of title 18,

2 United States Code (relating to the Convention

3 Against Torture and Other Cruel Inhuman or De4 grading Treatment or Punishment) shall be ineli5 gible to receive a visa and shall be excluded from ad6 mission into the United States.

7 (B) The Attorney General may waive the appli8 cation of subparagraph (A) with respect to any indi9 vidual.

10 (c) DISCRETIONARY SANCTIONS.—

11 (1) TRAVEL TO BURMA.—

12 (A) TRANSPORTATION TO OR FROM

13 BURMA.—The President is authorized to pro14 hibit or limit any transaction by a United

15 States person relating to transportation to or

16 from Burma, the provision of transportation to

17 or from the United States by any vessel or air18 craft of Burmese registration, or the sale in the

19 United States by any person holding authority

20 under the Federal Aviation Act of any transpor21 tation by air which includes any stop in Burma.

22 (B) TOURISM IN BURMA.—Notwithstand23 ing any other provision of law, the President is

24 authorized to prohibit the use of funds by any
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1 agency of the Government of the United States

2 to promote tourism in Burma.

3 (2) DIPLOMATIC REPRESENTATION.—The Con4 gress urges the President not to accept diplomatic

5 representation from Burma at a level higher than

6 the level of diplomatic representation of the United

7 States in Burma.

8 (3) CONTRIBUTIONS TO INTERNATIONAL FI9 NANCIAL INSTITUTIONS.—

10 (A) WITHHOLDING.—The President is au11 thorized to withhold from each international fi12 nancial institution that funds activities in

13 Burma (other than emergency humanitarian ac14 tivities described in subparagraph (B)) an

15 amount equal to the United States propor16 tionate share of that funding.

17 (B) EMERGENCY HUMANITARIAN ACTIVI18 TIES.—

19 (i) IN GENERAL.—Subject to clause

20 (ii), the emergency humanitarian activities

21 described in this subparagraph are activi22 ties to alleviate human suffering caused by

23 natural disasters such as floods, storms,

24 famine, and earthquakes.
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1 (ii) ADDITIONAL ACTIVITIES.—Activi2 ties other than activities described in

3 clause (i) shall be considered to be emer4 gency humanitarian activities for purposes

5 of this subparagraph if the President—

6 (I) determines that such addi7 tional activities support the interests

8 of the United States; and

9 (II) transmits such determination

10 in writing to the appropriate congres11 sional committees.

12 SEC. 5. REPORT ON BURMESE LABOR PRACTICES.

13 Not later than 90 days after the date of enactment

14 of this Act, the Secretary of Labor, in consultation with

15 the Secretary of State, shall submit a report to the appro16 priate congressional committees on—

17 (1) Burmese compliance with international

18 labor standards including the use of forced labor,

19 child labor, slave labor, and involuntary prison labor

20 by the junta;

21 (2) the degree to which foreign investment in

22 Burma contributes to violations of fundamental

23 worker rights;

24 (3) labor practices in support of Burma’s for25 eign tourist industry; and
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1 (4) efforts by the United States to end viola2 tions of fundamental labor rights in Burma.

3 SEC. 6. REPORT ON ENVIRONMENTAL DEGRADATION IN

4 BURMA.

5 Not later than 90 days after the date of enactment

6 of this Act, the Secretary of State, in consultation with

7 the heads of other appropriate Federal agencies, shall pre8 pare and submit to the appropriate congressional commit9 tees a report on the exploitation of resources and the deg10 radation of the environment in Burma, including—

11 (1) a discussion of the export of timber by

12 Burma, especially teak; and

13 (2) a discussion of the specific progress on co14 operation by Burma with nonprofit nongovernmental

15 organizations that are concerned with ecological con16 servation, management, and training programs.

17 SEC. 7. REPORT ON STRATEGY SUPPORTING DEMOCRATIC

18 TRANSITION IN BURMA.

19 Not later than 120 days after the date of enactment

20 of this Act, the Secretary of State, in consultation with

21 the heads of other appropriate Federal agencies, shall pre22 pare and submit to the appropriate congressional commit23 tees a report containing a strategy to restore democracy

24 to Burma consistent with the declarations of policy con25 tained in section 3 of this Act.
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1 SEC. 8. DEFINITIONS.

2 As used in this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means—

6 (A) the Committee on Appropriations and

7 the Committee on International Relations of the

8 House of Representatives; and

9 (B) the Committee on Appropriations and

10 the Committee on Foreign Relations of the Sen11 ate.

12 (2) BURMESE ENTITY.—The term ‘‘Burmese

13 entity’’ means—

14 (A) a corporation, partnership, or other

15 business association or entity organized in

16 Burma; or

17 (B) a branch, office, agency, or sole propri18 etorship in Burma of a person that resides or

19 is organized outside of Burma.

20 (3) CONTROLLED BURMESE ENTITY.—The term

21 ‘‘controlled Burmese entity’’ means—

22 (A) a corporation, partnership, or other

23 business association or entity organized in

24 Burma and owned or controlled, directly or in25 directly, by a United States national; or
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1 (B) a branch, office, agency, or sole propri2 etorship in Burma of a United States national.

3 (4) INTERNATIONAL FINANCIAL INSTITU4 TIONS.—The term ‘‘international financial institu5 tions’’ includes the International Bank for Recon6 struction and Development, the International Devel7 opment Association, the Asian Development Bank,

8 and the International Monetary Fund.

9 (5) INVESTMENT.—The term ‘‘investment in

10 Burma’’—

11 (A) includes any contribution or commit12 ment, for any period of time, of funds, commod13 ities, services, patents, processes, or techniques,

14 to the Government of Burma, or to any person

15 or entity in Burma for purposes of financial

16 gain, in the form of—

17 (i) a loan or loans;

18 (ii) the purchase of a share of owner19 ship;

20 (iii) participation in royalties, earn21 ings, or profits; or

22 (iv) the furnishing of commodities or

23 services pursuant to a lease or other con24 tract; and

25 (B) does not include—
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1 (i) the reinvestment of profits gen2 erated by a controlled Burmese entity into

3 the same entity;

4 (ii) contributions of money or other

5 assets to the extent such contributions are

6 necessary to enable a controlled Burmese

7 entity—

8 (I) to fulfill contractual commit9 ments signed before January 25,

10 1996; or

11 (II) to operate in an economically

12 sound manner, without expanding its

13 operations; or

14 (iii) any activity in Burma by any

15 United States nongovernmental organiza16 tion or any United States private voluntary

17 organization to—

18 (I) monitor human rights in

19 Burma;

20 (II) monitor labor practices in

21 Burma; or

22 (III) monitor and conduct eco23 logical conservation, management, or

24 training programs.
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1 (6) UNITED STATES ASSISTANCE.—The term

2 ‘‘United States assistance’’ means assistance of any

3 kind which is provided by grant, sale, loan, lease,

4 credit, guaranty, or insurance, or by any other

5 means, by any department or agency of the United

6 States Government to any foreign country.

7 (7) UNITED STATES NATIONAL.—The term

8 ‘‘United States national’’ means—

9 (A) a natural person who is a citizen of the

10 United States or who owes permanent alle11 giance to the United States or is an alien ad12 mitted for permanent residence in the United

13 States, as defined in section 101(a)(20) of the

14 Immigration and Nationality Act;

15 (B) a corporation, partnership, or other

16 business association which is organized under

17 the laws of the United States, the District of

18 Columbia, or any commonwealth, territory, or

19 possession of the United States; or

20 (C) any other corporation, partnership, or

21 other business association that is owned or con22 trolled by persons described in subparagraph

23 (A) or entities described in subparagraph (B).

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