IV 

110TH CONGRESS 

2D SESSION H. RES. 1341 

Providing for the concurrence by the House in the Senate amendments to 

H.R. 3890, with amendments. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2008 

Mr. BERMAN submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Providing for the concurrence by the House in the Senate 

amendments to H.R. 3890, with amendments. 

1 Resolved, That upon the adoption of this resolution 

2 the bill (H.R. 3890) entitled ‘‘An Act to amend the Bur3 mese Freedom and Democracy Act of 2003 to waive the 

4 requirement for annual renewal resolutions relating to im5 port sanctions, impose import sanctions on Burmese 

6 gemstones, expand the number of individuals against 

7 whom the visa ban is applicable, expand the blocking of 

8 assets and other prohibited activities, and for other pur9 poses.’’, with the Senate amendment thereto, shall be con10 sidered to have been taken from the Speaker’s table to 


jbell on PROD1PC69 with BILLS
2 

•HRES 1341 ATH 

1 the end that the Senate amendment thereto be, and the 

2 same is hereby, agreed to with the following amendments: 

3 Strike all after the enacting clause and insert the fol4 lowing: 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Tom Lantos Block 

7 Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 

8 2008’’. 

9 SEC. 2. FINDINGS. 

10 Congress makes the following findings: 

11 (1) Beginning on August 19, 2007, hundreds of 

12 thousands of citizens of Burma, including thousands 

13 of Buddhist monks and students, participated in 

14 peaceful demonstrations against rapidly deterio15 rating living conditions and the violent and repres16 sive policies of the State Peace and Development 

17 Council (SPDC), the ruling military regime in 

18 Burma— 

19 (A) to demand the release of all political 

20 prisoners, including 1991 Nobel Peace Prize 

21 winner Aung San Suu Kyi; and 

22 (B) to urge the regime to engage in mean23 ingful dialogue to pursue national reconcili24 ation. 


jbell on PROD1PC69 with BILLS
3 

•HRES 1341 ATH 

1 (2) The Burmese regime responded to these 

2 peaceful protests with a violent crackdown leading to 

3 the reported killing of approximately 200 people, in4 cluding a Japanese photojournalist, and hundreds of 

5 injuries. Human rights groups further estimate that 

6 over 2,000 individuals have been detained, arrested, 

7 imprisoned, beaten, tortured, or otherwise intimi8 dated as part of this crackdown. Burmese military, 

9 police, and their affiliates in the Union Solidarity 

10 Development Association (USDA) perpetrated al11 most all of these abuses. The Burmese regime con12 tinues to detain, torture, and otherwise intimidate 

13 those individuals whom it believes participated in or 

14 led the protests and it has closed down or otherwise 

15 limited access to several monasteries and temples 

16 that played key roles in the peaceful protests. 

17 (3) The Department of State’s 2006 Country 

18 Reports on Human Rights Practices found that the 

19 SPDC— 

20 (A) routinely restricts freedoms of speech, 

21 press, assembly, association, religion, and move22 ment; 

23 (B) traffics in persons; 

24 (C) discriminates against women and eth25 nic minorities; 


jbell on PROD1PC69 with BILLS
4 

•HRES 1341 ATH 

1 (D) forcibly recruits child soldiers and 

2 child labor; and 

3 (E) commits other serious violations of 

4 human rights, including extrajudicial killings, 

5 custodial deaths, disappearances, rape, torture, 

6 abuse of prisoners and detainees, and the im7 prisonment of citizens arbitrarily for political 

8 motives. 

9 (4) Aung San Suu Kyi has been arbitrarily im10 prisoned or held under house arrest for more than 

11 12 years. 

12 (5) In October 2007, President Bush an13 nounced a new Executive Order to tighten economic 

14 sanctions against Burma and block property and 

15 travel to the United States by certain senior leaders 

16 of the SPDC, individuals who provide financial back17 ing for the SPDC, and individuals responsible for 

18 human rights violations and impeding democracy in 

19 Burma. Additional names were added in updates 

20 done on October 19, 2007, and February 5, 2008. 

21 However, only 38 discrete individuals and 13 dis22 crete companies have been designated under those 

23 sanctions, once aliases and companies with similar 

24 names were removed. By contrast, the Australian 

25 Government identified more than 400 individuals 


jbell on PROD1PC69 with BILLS
5 

•HRES 1341 ATH 

1 and entities subject to its sanctions applied in the 

2 wake of the 2007 violence. The European Union’s 

3 regulations to implement sanctions against Burma 

4 have identified more than 400 individuals among the 

5 leadership of government, the military, and the 

6 USDA, along with nearly 1300 state and military7 run companies potentially subject to its sanctions. 

8 (6) The Burmese regime and its supporters fi9 nance their ongoing violations of human rights, un10 democratic policies, and military activities in part 

11 through financial transactions, travel, and trade in12 volving the United States, including the sale of pe13 troleum products, gemstones and hardwoods. 

14 (7) In 2006, the Burmese regime earned more 

15 than $500 million from oil and gas projects, over 

16 $500 million from sale of hardwoods, and in excess 

17 of $300 million from the sale of rubies and jade. At 

18 least $500 million of the $2.16 billion earned in 

19 2006 from Burma’s two natural gas pipelines, one 

20 of which is 28 percent owned by a United States 

21 company, went to the Burmese regime. The regime 

22 has earned smaller amounts from oil and gas explo23 ration and non-operational pipelines but United 

24 States investors are not involved in those trans25 actions. Industry sources estimate that over $100 


jbell on PROD1PC69 with BILLS
6 

•HRES 1341 ATH 

1 million annually in Burmese rubies and jade enters 

2 the United States. Burma’s official statistics report 

3 that Burma exported $500 million in hardwoods in 

4 2006 but NGOs estimate the true figure to exceed 

5 $900 million. Reliable statistics on the amount of 

6 hardwoods imported into the United States from 

7 Burma in the form of finished products are not 

8 available, in part due to widespread illegal logging 

9 and smuggling. 

10 (8) The SPDC seeks to evade the sanctions im11 posed in the Burmese Freedom and Democracy Act 

12 of 2003. Millions of dollars in gemstones that are 

13 exported from Burma ultimately enter the United 

14 States, but the Burmese regime attempts to conceal 

15 the origin of the gemstones in an effort to evade 

16 sanctions. For example, according to gem industry 

17 experts, over 90 percent of the world’s ruby supply 

18 originates in Burma but only 3 percent of the rubies 

19 entering the United States are claimed to be of Bur20 mese origin. The value of Burmese gemstones is pre21 dominantly based on their original quality and geo22 logical origin, rather than the labor involved in cut23 ting and polishing the gemstones. 

24 (9) According to hardwood industry experts, 

25 Burma is home to approximately 60 percent of the 


jbell on PROD1PC69 with BILLS
7 

•HRES 1341 ATH 

world’s native teak reserves. More than 1 1 ⁄4 of the 

2 world’s internationally traded teak originates from 

3 Burma, and hardwood sales, mainly of teak, rep4 resent more than 11 percent of Burma’s official for5 eign exchange earnings. 

6 (10) The SPDC owns a majority stake in vir7 tually all enterprises responsible for the extraction 

8 and trade of Burmese natural resources, including 

9 all mining operations, the Myanmar Timber Enter10 prise, the Myanmar Gems Enterprise, the Myanmar 

11 Pearl Enterprise, and the Myanmar Oil and Gas En12 terprise. Virtually all profits from these enterprises 

13 enrich the SPDC. 

14 (11) On October 11, 2007, the United Nations 

15 Security Council, with the consent of the People’s 

16 Republic of China, issued a statement condemning 

17 the violence in Burma, urging the release of all polit18 ical prisoners, and calling on the SPDC to enter into 

19 a United Nations-mediated dialogue with its political 

20 opposition. 

21 (12) The United Nations special envoy Ibrahim 

22 Gambari traveled to Burma from September 29, 

23 2007, through October 2, 2007, holding meetings 

24 with SPDC leader General Than Shwe and democ25 racy advocate Aung San Suu Kyi in an effort to proVerDate Aug 31 2005 02:24 Jul 18, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HR1341.ATH HR1341

jbell on PROD1PC69 with BILLS
8 

•HRES 1341 ATH 

1 mote dialogue between the SPDC and democracy ad2 vocates. 

3 (13) The leaders of the SPDC will have a 

4 greater incentive to cooperate with diplomatic efforts 

5 by the United Nations, the Association of Southeast 

6 Asian Nations, and the People’s Republic of China 

7 if they come under targeted economic pressure that 

8 denies them access to personal wealth and sources of 

9 revenue. 

10 (14) On the night of May 2, 2008, through the 

11 morning of May 3, 2008, tropical cyclone Nargis 

12 struck the coast of Burma, resulting in the deaths 

13 of tens of thousands of Burmese. 

14 (15) The response to the cyclone by Burma’s 

15 military leaders illustrates their fundamental lack of 

16 concern for the welfare of the Burmese people. The 

17 regime did little to warn citizens of the cyclone, did 

18 not provide adequate humanitarian assistance to ad19 dress basic needs and prevent loss of life, and con20 tinues to fail to provide life-protecting and life-sus21 taining services to its people. 

22 (16) The international community responded 

23 immediately to the cyclone and attempted to provide 

24 humanitarian assistance. More than 30 disaster as25 sessment teams from 18 different nations and the 


jbell on PROD1PC69 with BILLS
9 

•HRES 1341 ATH 

1 United Nations arrived in the region, but the Bur2 mese regime denied them permission to enter the 

3 country. Eventually visas were granted to aid work4 ers, but the regime continues to severely limit their 

5 ability to provide assistance in the affected areas. 

6 (17) Despite the devastation caused by Cyclone 

7 Nargis, the junta went ahead with its referendum on 

8 a constitution drafted by an illegitimate assembly, 

9 conducting voting in unaffected areas on May 10, 

10 2008, and in portions of the affected Irrawaddy re11 gion and Rangoon on May 26, 2008. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY15 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

16 ‘‘correspondent account’’, and ‘‘payable-through ac17 count’’ have the meanings given the terms in section 

18 5318A(e)(1) of title 31, United States Code. 

19 (2) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Foreign Relations of 

23 the Senate; 

24 (B) the Committee on Finance of the Sen25 ate; 


jbell on PROD1PC69 with BILLS
10 

•HRES 1341 ATH 

1 (C) the Committee on Foreign Affairs of 

2 the House of Representatives; and 

3 (D) the Committee on Ways and Means of 

4 the House of Representatives. 

5 (3) ASEAN.—The term ‘‘ASEAN’’ means the 

6 Association of Southeast Asian Nations. 

7 (4) PERSON.—The term ‘‘person’’ means— 

8 (A) an individual, corporation, company, 

9 business association, partnership, society, trust, 

10 any other nongovernmental entity, organization, 

11 or group; and 

12 (B) any successor, subunit, or subsidiary 

13 of any person described in subparagraph (A). 

14 (5) SPDC.—The term ‘‘SPDC’’ means the 

15 State Peace and Development Council, the ruling 

16 military regime in Burma. 

17 (6) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means any United States 

19 citizen, permanent resident alien, juridical person or20 ganized under the laws of the United States (includ21 ing foreign branches), or any person in the United 

22 States. 

23 SEC. 4. STATEMENT OF POLICY. 

24 It is the policy of the United States to— 


jbell on PROD1PC69 with BILLS
11 

•HRES 1341 ATH 

1 (1) condemn the continued repression carried 

2 out by the SPDC; 

3 (2) work with the international community, es4 pecially the People’s Republic of China, India, Thai5 land, and ASEAN, to foster support for the legiti6 mate democratic aspirations of the people of Burma 

7 and to coordinate efforts to impose sanctions on 

8 those directly responsible for human rights abuses in 

9 Burma; 

10 (3) provide all appropriate support and assist11 ance to aid a peaceful transition to constitutional de12 mocracy in Burma; 

13 (4) support international efforts to alleviate the 

14 suffering of Burmese refugees and address the ur15 gent humanitarian needs of the Burmese people; and 

16 (5) identify individuals responsible for the re17 pression of peaceful political activity in Burma and 

18 hold them accountable for their actions. 

19 SEC. 5. SANCTIONS. 

20 (a) VISA BAN.— 

21 (1) IN GENERAL.—The following persons shall 

22 be ineligible for a visa to travel to the United States: 

23 (A) Former and present leaders of the 

24 SPDC, the Burmese military, or the USDA. 


jbell on PROD1PC69 with BILLS
12 

•HRES 1341 ATH 

1 (B) Officials of the SPDC, the Burmese 

2 military, or the USDA involved in the repres3 sion of peaceful political activity or in other 

4 gross violations of human rights in Burma or in 

5 the commission of other human rights abuses, 

6 including any current or former officials of the 

7 security services and judicial institutions of the 

8 SPDC. 

9 (C) Any other Burmese persons who pro10 vide substantial economic and political support 

11 for the SPDC, the Burmese military, or the 

12 USDA. 

13 (D) The immediate family members of any 

14 person described in subparagraphs (A) through 

15 (C). 

16 (2) WAIVER.—The President may waive the 

17 visa ban described in paragraph (1) only if the 

18 President determines and certifies in writing to Con19 gress that travel by the person seeking such a waiver 

20 is in the national interests of the United States. 

21 (3) RULE OF CONSTRUCTION.—Nothing in this 

22 subsection shall be construed to conflict with the 

23 provisions of section 694 of the Consolidated Appro24 priations Act, 2008 (Public Law 110–161), nor shall 

25 this subsection be construed to make ineligible for a 


jbell on PROD1PC69 with BILLS
13 

•HRES 1341 ATH 

1 visa members of ethnic groups in Burma now or pre2 viously opposed to the regime who were forced to 

3 provide labor or other support to the Burmese mili4 tary and who are otherwise eligible for admission 

5 into the United States. 

6 (b) FINANCIAL SANCTIONS.— 

7 (1) BLOCKED PROPERTY.—No property or in8 terest in property belonging to a person described in 

9 subsection (a)(1) may be transferred, paid, exported, 

10 withdrawn, or otherwise dealt with if— 

11 (A) the property is located in the United 

12 States or within the possession or control of a 

13 United States person, including the overseas 

14 branch of a United States person; or 

15 (B) the property comes into the possession 

16 or control of a United States person after the 

17 date of the enactment of this Act. 

18 (2) FINANCIAL TRANSACTIONS.—Except with 

19 respect to transactions authorized under Executive 

20 Orders 13047 (May 20, 1997) and 13310 (July 28, 

21 2003), no United States person may engage in a fi22 nancial transaction with the SPDC or with a person 

23 described in subsection (a)(1). 

24 (3) PROHIBITED ACTIVITIES.—Activities pro25 hibited by reason of the blocking of property and fiVerDate Aug 31 2005 02:24 Jul 18, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\HR1341.ATH HR1341

jbell on PROD1PC69 with BILLS
14 

•HRES 1341 ATH 

1 nancial transactions under this subsection shall in2 clude the following: 

3 (A) Payments or transfers of any property, 

4 or any transactions involving the transfer of 

5 anything of economic value by any United 

6 States person, including any United States fi7 nancial institution and any branch or office of 

8 such financial institution that is located outside 

9 the United States, to the SPDC or to an indi10 vidual described in subsection (a)(1). 

11 (B) The export or reexport directly or indi12 rectly, of any goods, technology, or services by 

13 a United States person to the SPDC, to an in14 dividual described in subsection (a)(1) or to any 

15 entity owned, controlled, or operated by the 

16 SPDC or by an individual described in such 

17 subsection. 

18 (c) AUTHORITY FOR ADDITIONAL BANKING SANC19 TIONS.— 

20 (1) IN GENERAL.—The Secretary of the Treas21 ury, in consultation with the Secretary of State, the 

22 Attorney General of the United States, and the 

23 Chairman of the Board of Governors of the Federal 

24 Reserve System, may prohibit or impose conditions 

25 on the opening or maintaining in the United States 


jbell on PROD1PC69 with BILLS
15 

•HRES 1341 ATH 

1 of a correspondent account or payable-through ac2 count by any financial institution (as that term is 

3 defined in section 5312 of title 31, United States 

4 Code) or financial agency that is organized under 

5 the laws of a State, territory, or possession of the 

6 United States, for or on behalf of a foreign banking 

7 institution, if the Secretary determines that the ac8 count might be used— 

9 (A) by a foreign banking institution that 

10 holds property or an interest in property be11 longing to the SPDC or a person described in 

12 subsection (a)(1); or 

13 (B) to conduct a transaction on behalf of 

14 the SPDC or a person described in subsection 

15 (a)(1). 

16 (2) AUTHORITY TO DEFINE TERMS.—The Sec17 retary of the Treasury may, by regulation, further 

18 define the terms used in paragraph (1) for purposes 

19 of this section, as the Secretary considers appro20 priate. 

21 (d) LIST OF SANCTIONED OFFICIALS.— 

22 (1) IN GENERAL.—Not later than 120 days 

23 after the date of the enactment of this Act, the 

24 President shall transmit to the appropriate congres25 sional committees a list of— 


jbell on PROD1PC69 with BILLS
16 

•HRES 1341 ATH 

1 (A) former and present leaders of the 

2 SPDC, the Burmese military, and the USDA; 

3 (B) officials of the SPDC, the Burmese 

4 military, or the USDA involved in the repres5 sion of peaceful political activity in Burma or in 

6 the commission of other human rights abuses, 

7 including any current or former officials of the 

8 security services and judicial institutions of the 

9 SPDC; 

10 (C) any other Burmese persons or entities 

11 who provide substantial economic and political 

12 support for the SPDC, the Burmese military, or 

13 the USDA; and 

14 (D) the immediate family members of any 

15 person described in subparagraphs (A) through 

16 (C) whom the President determines effectively 

17 controls property in the United States or has 

18 benefitted from a financial transaction with any 

19 United States person. 

20 (2) CONSIDERATION OF OTHER DATA.—In pre21 paring the list required under paragraph (1), the 

22 President shall consider the data already obtained by 

23 other countries and entities that apply sanctions 

24 against Burma, such as the Australian Government 

25 and the European Union. 


jbell on PROD1PC69 with BILLS
17 

•HRES 1341 ATH 

1 (3) UPDATES.—The President shall transmit to 

2 the appropriate congressional committees updated 

3 lists of the persons described in paragraph (1) as 

4 new information becomes available. 

5 (4) IDENTIFICATION OF INFORMATION.—The 

6 Secretary of State and the Secretary of the Treasury 

7 shall devote sufficient resources to the identification 

8 of information concerning potential persons to be 

9 sanctioned to carry out the purposes described in 

10 this Act. 

11 (e) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to prohibit any contract or other 

13 financial transaction with any nongovernmental humani14 tarian organization in Burma. 

15 (f) EXCEPTIONS.— 

16 (1) IN GENERAL.—The prohibitions and restric17 tions described in subsections (b) and (c) shall not 

18 apply to medicine, medical equipment or supplies, 

19 food or feed, or any other form of humanitarian as20 sistance provided to Burma. 

21 (2) REGULATORY EXCEPTIONS.—For the fol22 lowing purposes, the Secretary of State may, by reg23 ulation, authorize exceptions to the prohibition and 

24 restrictions described in subsection (a), and the Sec25 retary of the Treasury may, by regulation, authorize 


jbell on PROD1PC69 with BILLS
18 

•HRES 1341 ATH 

1 exceptions to the prohibitions and restrictions de2 scribed in subsections (b) and (c)— 

3 (A) to permit the United States and 

4 Burma to operate their diplomatic missions, 

5 and to permit the United States to conduct 

6 other official United States Government busi7 ness in Burma; 

8 (B) to permit United States citizens to 

9 visit Burma; and 

10 (C) to permit the United States to comply 

11 with the United Nations Headquarters Agree12 ment and other applicable international agree13 ments. 

14 (g) PENALTIES.—Any person who violates any prohi15 bition or restriction imposed pursuant to subsection (b) 

16 or (c) shall be subject to the penalties under section 6 of 

17 the International Emergency Economic Powers Act (50 

18 U.S.C. 1705) to the same extent as for a violation under 

19 that Act. 

20 (h) TERMINATION OF SANCTIONS.—The sanctions 

21 imposed under subsection (a), (b), or (c) shall apply until 

22 the President determines and certifies to the appropriate 

23 congressional committees that the SPDC has— 


jbell on PROD1PC69 with BILLS
19 

•HRES 1341 ATH 

1 (1) unconditionally released all political pris2 oners, including Aung San Suu Kyi and other mem3 bers of the National League for Democracy; 

4 (2) entered into a substantive dialogue with 

5 democratic forces led by the National League for 

6 Democracy and the ethnic minorities of Burma on 

7 transitioning to democratic government under the 

8 rule of law; and 

9 (3) allowed humanitarian access to populations 

10 affected by armed conflict in all regions of Burma. 

11 (i) WAIVER.—The President may waive the sanctions 

12 described in subsections (b) and (c) if the President deter13 mines and certifies to the appropriate congressional com14 mittees that such waiver is in the national interest of the 

15 United States. 

16 SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND 

17 DEMOCRACY ACT OF 2003. 

18 (a) IN GENERAL.—The Burmese Freedom and De19 mocracy Act of 2003 (Public Law 108–61; 50 U.S.C. 

20 1701 note) is amended by inserting after section 3 the 

21 following new section: 


jbell on PROD1PC69 with BILLS
20 

•HRES 1341 ATH 

1 ‘‘SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND 

2 RUBIES FROM BURMA AND ARTICLES OF 

3 JEWELRY CONTAINING JADEITE OR RUBIES 

4 FROM BURMA. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘appropriate congressional com8 mittees’ means— 

9 ‘‘(A) the Committee on Ways and Means 

10 and the Committee on Foreign Affairs of the 

11 House of Representatives; and 

12 ‘‘(B) the Committee on Finance and the 

13 Committee on Foreign Relations of the Senate. 

14 ‘‘(2) BURMESE COVERED ARTICLE.—The term 

15 ‘Burmese covered article’ means— 

16 ‘‘(A) jadeite mined or extracted from 

17 Burma; 

18 ‘‘(B) rubies mined or extracted from 

19 Burma; or 

20 ‘‘(C) articles of jewelry containing jadeite 

21 described in subparagraph (A) or rubies de22 scribed in subparagraph (B). 

23 ‘‘(3) NON-BURMESE COVERED ARTICLE.—The 

24 term ‘non-Burmese covered article’ means— 

25 ‘‘(A) jadeite mined or extracted from a 

26 country other than Burma; 


jbell on PROD1PC69 with BILLS
21 

•HRES 1341 ATH 

1 ‘‘(B) rubies mined or extracted from a 

2 country other than Burma; or 

3 ‘‘(C) articles of jewelry containing jadeite 

4 described in subparagraph (A) or rubies de5 scribed in subparagraph (B). 

6 ‘‘(4) JADEITE; RUBIES; ARTICLES OF JEWELRY

7 CONTAINING JADEITE OR RUBIES.— 

8 ‘‘(A) JADEITE.—The term ‘jadeite’ means 

9 any jadeite classifiable under heading 7103 of 

10 the Harmonized Tariff Schedule of the United 

11 States (in this paragraph referred to as the 

12 ‘HTS’). 

13 ‘‘(B) RUBIES.—The term ‘rubies’ means 

14 any rubies classifiable under heading 7103 of 

15 the HTS. 

16 ‘‘(C) ARTICLES OF JEWELRY CONTAINING

17 JADEITE OR RUBIES.—The term ‘articles of 

18 jewelry containing jadeite or rubies’ means— 

19 ‘‘(i) any article of jewelry classifiable 

20 under heading 7113 of the HTS that con21 tains jadeite or rubies; or 

22 ‘‘(ii) any article of jadeite or rubies 

23 classifiable under heading 7116 of the 

24 HTS. 


jbell on PROD1PC69 with BILLS
22 

•HRES 1341 ATH 

1 ‘‘(5) UNITED STATES.—The term ‘United 

2 States’, when used in the geographic sense, means 

3 the several States, the District of Columbia, and any 

4 commonwealth, territory, or possession of the United 

5 States. 

6 ‘‘(b) PROHIBITION ON IMPORTATION OF BURMESE

7 COVERED ARTICLES.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, until such time as the President de10 termines and certifies to the appropriate congres11 sional committees that Burma has met the condi12 tions described in section 3(a)(3), beginning 60 days 

13 after the date of the enactment of the Tom Lantos 

14 Block Burmese JADE (Junta’s Anti-Democratic Ef15 forts) Act of 2008, the President shall prohibit the 

16 importation into the United States of any Burmese 

17 covered article. 

18 ‘‘(2) REGULATORY AUTHORITY.—The President 

19 is authorized to, and shall as necessary, issue such 

20 proclamations, regulations, licenses, and orders, and 

21 conduct such investigations, as may be necessary to 

22 implement the prohibition under paragraph (1). 

23 ‘‘(3) OTHER ACTIONS.—Beginning on the date 

24 of the enactment of this Act, the President shall 

25 take all appropriate actions to seek the following: 


jbell on PROD1PC69 with BILLS
23 

•HRES 1341 ATH 

1 ‘‘(A) The issuance of a draft waiver deci2 sion by the Council for Trade in Goods of the 

3 World Trade Organization granting a waiver of 

4 the applicable obligations of the United States 

5 under the World Trade Organization with re6 spect to the provisions of this section and any 

7 measures taken to implement this section. 

8 ‘‘(B) The adoption of a resolution by the 

9 United Nations General Assembly expressing 

10 the need to address trade in Burmese covered 

11 articles and calling for the creation and imple12 mentation of a workable certification scheme for 

13 non-Burmese covered articles to prevent the 

14 trade in Burmese covered articles. 

15 ‘‘(c) REQUIREMENTS FOR IMPORTATION OF NON16 BURMESE COVERED ARTICLES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), until such time as the President deter19 mines and certifies to the appropriate congressional 

20 committees that Burma has met the conditions de21 scribed in section 3(a)(3), beginning 60 days after 

22 the date of the enactment of the Tom Lantos Block 

23 Burmese JADE (Junta’s Anti-Democratic Efforts) 

24 Act of 2008, the President shall require as a condiVerDate Aug 31 2005 02:24 Jul 18, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\HR1341.ATH HR1341

jbell on PROD1PC69 with BILLS
24 

•HRES 1341 ATH 

1 tion for the importation into the United States of 

2 any non-Burmese covered article that— 

3 ‘‘(A) the exporter of the non-Burmese cov4 ered article has implemented measures that 

5 have substantially the same effect and achieve 

6 the same goals as the measures described in 

7 clauses (i) through (iv) of paragraph (2)(B) (or 

8 their functional equivalent) to prevent the trade 

9 in Burmese covered articles; and 

10 ‘‘(B) the importer of the non-Burmese cov11 ered article agrees— 

12 ‘‘(i) to maintain a full record of, in 

13 the form of reports or otherwise, complete 

14 information relating to any act or trans15 action related to the purchase, manufac16 ture, or shipment of the non-Burmese cov17 ered article for a period of not less than 5 

18 years from the date of entry of the non19 Burmese covered article; and 

20 ‘‘(ii) to provide the information de21 scribed in clause (i) within the custody or 

22 control of such person to the relevant 

23 United States authorities upon request. 

24 ‘‘(2) EXCEPTION.— 


jbell on PROD1PC69 with BILLS
25 

•HRES 1341 ATH 

1 ‘‘(A) IN GENERAL.—The President may 

2 waive the requirements of paragraph (1) with 

3 respect to the importation of non-Burmese cov4 ered articles from any country with respect to 

5 which the President determines and certifies to 

6 the appropriate congressional committees has 

7 implemented the measures described in sub8 paragraph (B) (or their functional equivalent) 

9 to prevent the trade in Burmese covered arti10 cles. 

11 ‘‘(B) MEASURES DESCRIBED.—The meas12 ures referred to in subparagraph (A) are the 

13 following: 

14 ‘‘(i) With respect to exportation from 

15 the country of jadeite or rubies in rough 

16 form, a system of verifiable controls on the 

17 jadeite or rubies from mine to exportation 

18 demonstrating that the jadeite or rubies 

19 were not mined or extracted from Burma, 

20 and accompanied by officially-validated 

21 documentation certifying the country from 

22 which the jadeite or rubies were mined or 

23 extracted, total carat weight, and value of 

24 the jadeite or rubies. 


jbell on PROD1PC69 with BILLS
26 

•HRES 1341 ATH 

1 ‘‘(ii) With respect to exportation from 

2 the country of finished jadeite or polished 

3 rubies, a system of verifiable controls on 

4 the jadeite or rubies from mine to the 

5 place of final finishing of the jadeite or ru6 bies demonstrating that the jadeite or ru7 bies were not mined or extracted from 

8 Burma, and accompanied by officially-vali9 dated documentation certifying the country 

10 from which the jadeite or rubies were 

11 mined or extracted. 

12 ‘‘(iii) With respect to exportation from 

13 the country of articles of jewelry con14 taining jadeite or rubies, a system of 

15 verifiable controls on the jadeite or rubies 

16 from mine to the place of final finishing of 

17 the article of jewelry containing jadeite or 

18 rubies demonstrating that the jadeite or 

19 rubies were not mined or extracted from 

20 Burma, and accompanied by officially-vali21 dated documentation certifying the country 

22 from which the jadeite or rubies were 

23 mined or extracted. 

24 ‘‘(iv) Verifiable recordkeeping by all 

25 entities and individuals engaged in mining, 


jbell on PROD1PC69 with BILLS
27 

•HRES 1341 ATH 

1 importation, and exportation of non-Bur2 mese covered articles in the country, and 

3 subject to inspection and verification by 

4 authorized authorities of the government of 

5 the country in accordance with applicable 

6 law. 

7 ‘‘(v) Implementation by the govern8 ment of the country of proportionate and 

9 dissuasive penalties against any persons 

10 who violate laws and regulations designed 

11 to prevent trade in Burmese covered arti12 cles. 

13 ‘‘(vi) Full cooperation by the country 

14 with the United Nations or other official 

15 international organizations that seek to 

16 prevent trade in Burmese covered articles. 

17 ‘‘(3) REGULATORY AUTHORITY.—The President 

18 is authorized to, and shall as necessary, issue such 

19 proclamations, regulations, licenses, and orders and 

20 conduct such investigations, as may be necessary to 

21 implement the provisions under paragraphs (1) and 

22 (2). 

23 ‘‘(d) INAPPLICABILITY.— 

24 ‘‘(1) IN GENERAL.—The requirements of sub25 section (b)(1) and subsection (c)(1) shall not apply 


jbell on PROD1PC69 with BILLS
28 

•HRES 1341 ATH 

1 to Burmese covered articles and non-Burmese cov2 ered articles, respectively, that were previously ex3 ported from the United States, including those that 

4 accompanied an individual outside the United States 

5 for personal use, if they are reimported into the 

6 United States by the same person, without having 

7 been advanced in value or improved in condition by 

8 any process or other means while outside the United 

9 States. 

10 ‘‘(2) ADDITIONAL PROVISION.—The require11 ments of subsection (c)(1) shall not apply with re12 spect to the importation of non-Burmese covered ar13 ticles that are imported by or on behalf of an indi14 vidual for personal use and accompanying an indi15 vidual upon entry into the United States. 

16 ‘‘(e) ENFORCEMENT.—Burmese covered articles or 

17 non-Burmese covered articles that are imported into the 

18 United States in violation of any prohibition of this Act 

19 or any other provision law shall be subject to all applicable 

20 seizure and forfeiture laws and criminal and civil laws of 

21 the United States to the same extent as any other violation 

22 of the customs laws of the United States. 

23 ‘‘(f) SENSE OF CONGRESS.— 

24 ‘‘(1) IN GENERAL.—It is the sense of Congress 

25 that the President should take the necessary steps to 


jbell on PROD1PC69 with BILLS
29 

•HRES 1341 ATH 

1 seek to negotiate an international arrangement— 

2 similar to the Kimberley Process Certification 

3 Scheme for conflict diamonds—to prevent the trade 

4 in Burmese covered articles. Such an international 

5 arrangement should create an effective global system 

6 of controls and should contain the measures de7 scribed in subsection (c)(2)(B) (or their functional 

8 equivalent). 

9 ‘‘(2) KIMBERLEY PROCESS CERTIFICATION

10 SCHEME DEFINED.—In paragraph (1), the term 

11 ‘Kimberley Process Certification Scheme’ has the 

12 meaning given the term in section 3(6) of the Clean 

13 Diamond Trade Act (Public Law 108–19; 19 U.S.C. 

14 3902(6)). 

15 ‘‘(g) REPORT.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of the Tom Lantos 

18 Block Burmese JADE (Junta’s Anti-Democratic Ef19 forts) Act of 2008, the President shall transmit to 

20 the appropriate congressional committees a report 

21 describing what actions the United States has taken 

22 during the 60-day period beginning on the date of 

23 the enactment of such Act to seek— 

24 ‘‘(A) the issuance of a draft waiver deci25 sion by the Council for Trade in Goods of the 


jbell on PROD1PC69 with BILLS
30 

•HRES 1341 ATH 

1 World Trade Organization, as specified in sub2 section (b)(3)(A); 

3 ‘‘(B) the adoption of a resolution by the 

4 United Nations General Assembly, as specified 

5 in subsection (b)(3)(B); and 

6 ‘‘(C) the negotiation of an international ar7 rangement, as specified in subsection (f)(1). 

8 ‘‘(2) UPDATE.—The President shall make con9 tinued efforts to seek the items specified in subpara10 graphs (A), (B), and (C) of paragraph (1) and shall 

11 promptly update the appropriate congressional com12 mittees on subsequent developments with respect to 

13 these efforts. 

14 ‘‘(h) GAO REPORT.—Not later than 14 months after 

15 the date of the enactment of the Tom Lantos Block Bur16 mese JADE (Junta’s Anti-Democratic Efforts) Act of 

17 2008, the Comptroller General of the United States shall 

18 submit to the appropriate congressional committees a re19 port on the effectiveness of the implementation of this sec20 tion. The Comptroller General shall include in the report 

21 any recommendations for improving the administration of 

22 this Act.’’. 

23 (b) DURATION OF SANCTIONS.— 

24 (1) CONTINUATION OF IMPORT SANCTIONS.— 

25 Subsection (b) of section 9 of the Burmese Freedom 


jbell on PROD1PC69 with BILLS
31 

•HRES 1341 ATH 

1 and Democracy Act of 2003 (Public Law 108–61; 

2 50 U.S.C. 1701 note) is amended by adding at the 

3 end the following new paragraph: 

4 ‘‘(4) RULE OF CONSTRUCTION.—For purposes 

5 of this subsection, any reference to section 3(a)(1) 

6 shall be deemed to include a reference to section 3A 

7 (b)(1) and (c)(1).’’. 

8 (2) RENEWAL RESOLUTIONS.—Subsection (c) 

9 of such section is amended by inserting after ‘‘sec10 tion 3(a)(1)’’ each place it appears the following: 

11 ‘‘and section 3A (b)(1) and (c)(1)’’. 

12 (3) EFFECTIVE DATE.— 

13 (A) IN GENERAL.—The amendments made 

14 by this subsection take effect on the day after 

15 the date of the enactment of 5th renewal reso16 lution enacted into law after the date of the en17 actment of the Burmese Freedom and Democ18 racy Act of 2003, or the date of the enactment 

19 of this Act, whichever occurs later. 

20 (B) RENEWAL RESOLUTION DEFINED.—In 

21 this paragraph, the term ‘‘renewal resolution’’ 

22 means a renewal resolution described in section 

23 9(c) of the Burmese Freedom and Democracy 

24 Act of 2003 that is enacted into law in accord25 ance with such section. 


jbell on PROD1PC69 with BILLS
32 

•HRES 1341 ATH 

1 (c) CONFORMING AMENDMENT.—Section 3(b) of the 

2 Burmese Freedom and Democracy Act of 2003 (Public 

3 Law 108–61; 50 U.S.C. 1701 note) is amended— 

4 (1) by inserting ‘‘or section 3A (b)(1) or (c)(1)’’ 

5 after ‘‘this section’’; and 

6 (2) by striking ‘‘a product of Burma’’ and in7 serting ‘‘subject to such prohibitions’’. 

8 SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDI9 NATOR FOR BURMA. 

10 (a) UNITED STATES SPECIAL REPRESENTATIVE AND

11 POLICY COORDINATOR FOR BURMA.—The President shall 

12 appoint a Special Representative and Policy Coordinator 

13 for Burma, by and with the advice and consent of the Sen14 ate. 

15 (b) RANK.—The Special Representative and Policy 

16 Coordinator for Burma appointed under subsection (a) 

17 shall have the rank of ambassador and shall hold the office 

18 at the pleasure of the President. Except for the position 

19 of United States Ambassador to the Association of South20 east Asian Nations, the Special Representative and Policy 

21 Coordinator may not simultaneously hold a separate posi22 tion within the executive branch, including the Assistant 

23 Secretary of State, the Deputy Assistant Secretary of 

24 State, the United States Ambassador to Burma, or the 

25 Charge d’affairs to Burma. 


jbell on PROD1PC69 with BILLS
33 

•HRES 1341 ATH 

1 (c) DUTIES AND RESPONSIBILITIES.—The Special 

2 Representative and Policy Coordinator for Burma shall— 

3 (1) promote a comprehensive international ef4 fort, including multilateral sanctions, direct dialogue 

5 with the SPDC and democracy advocates, and sup6 port for nongovernmental organizations operating in 

7 Burma and neighboring countries, designed to re8 store civilian democratic rule to Burma and address 

9 the urgent humanitarian needs of the Burmese peo10 ple; 

11 (2) consult broadly, including with the Govern12 ments of the People’s Republic of China, India, 

13 Thailand, and Japan, and the member states of 

14 ASEAN and the European Union to coordinate poli15 cies toward Burma; 

16 (3) assist efforts by the United Nations Special 

17 Envoy to secure the release of all political prisoners 

18 in Burma and to promote dialogue between the 

19 SPDC and leaders of Burma’s democracy movement, 

20 including Aung San Suu Kyi; 

21 (4) consult with Congress on policies relevant to 

22 Burma and the future and welfare of all the Bur23 mese people, including refugees; and 


jbell on PROD1PC69 with BILLS
34 

•HRES 1341 ATH 

1 (5) coordinate the imposition of Burma sanc2 tions within the United States Government and with 

3 the relevant international financial institutions. 

4 SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN 

5 BURMA. 

6 (a) IN GENERAL.—The President is authorized to as7 sist Burmese democracy activists who are dedicated to 

8 nonviolent opposition to the SPDC in their efforts to pro9 mote freedom, democracy, and human rights in Burma. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated $5,000,000 to the Sec12 retary of State for fiscal year 2008 to— 

13 (1) provide aid to democracy activists in 

14 Burma; 

15 (2) provide aid to individuals and groups con16 ducting democracy programming outside of Burma 

17 targeted at a peaceful transition to constitutional de18 mocracy inside Burma; and 

19 (3) expand radio and television broadcasting 

20 into Burma. 

21 SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZA22 TIONS ADDRESSING THE HUMANITARIAN 

23 NEEDS OF THE BURMESE PEOPLE. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that the international community should increase 


jbell on PROD1PC69 with BILLS
35 

•HRES 1341 ATH 

1 support for nongovernmental organizations attempting to 

2 meet the urgent humanitarian needs of the Burmese peo3 ple. 

4 (b) LICENSES FOR HUMANITARIAN OR RELIGIOUS

5 ACTIVITIES IN BURMA.—Section 5 of the Burmese Free6 dom and Democracy Act of 2003 (50 U.S.C. 1701 note) 

7 is amended— 

8 (1) by inserting ‘‘(a) OPPOSITION TO ASSIST9 ANCE TO BURMA.—’’ before ‘‘The Secretary’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS

13 ACTIVITIES IN BURMA.—Notwithstanding any other pro14 vision of law, the Secretary of the Treasury is authorized 

15 to issue multi-year licenses for humanitarian or religious 

16 activities in Burma.’’. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, there are authorized to be appro20 priated $11,000,000 to the Secretary of State for 

21 fiscal year 2008 to support operations by nongovern22 mental organizations, subject to paragraph (2), de23 signed to address the humanitarian needs of the 

24 Burmese people inside Burma and in refugee camps 

25 in neighboring countries. 


jbell on PROD1PC69 with BILLS
36 

•HRES 1341 ATH 

1 (2) LIMITATION.— 

2 (A) IN GENERAL.—Except as provided 

3 under subparagraph (B), amounts appropriated 

4 pursuant to paragraph (1) may not be provided 

5 to— 

6 (i) SPDC-controlled entities; 

7 (ii) entities run by members of the 

8 SPDC or their families; or 

9 (iii) entities providing cash or re10 sources to the SPDC, including organiza11 tions affiliated with the United Nations. 

12 (B) WAIVER.—The President may waive 

13 the funding restriction described in subpara14 graph (A) if— 

15 (i) the President determines and cer16 tifies to the appropriate congressional com17 mittees that such waiver is in the national 

18 interests of the United States; 

19 (ii) a description of the national inter20 ests need for the waiver is submitted to the 

21 appropriate congressional committees; and 

22 (iii) the description submitted under 

23 clause (ii) is posted on a publicly accessible 

24 Internet Web site of the Department of 

25 State. 


jbell on PROD1PC69 with BILLS
37 

•HRES 1341 ATH 

1 SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO 

2 BURMA. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act and annually thereafter, 

5 the Secretary of State shall submit to the Committee on 

6 Foreign Affairs of the House of Representatives and the 

7 Committee on Foreign Relations of the Senate a report 

8 containing a list of countries, companies, and other enti9 ties that provide military or intelligence aid to the SPDC 

10 and describing such military or intelligence aid provided 

11 by each such country, company, and other entity. 

12 (b) MILITARY OR INTELLIGENCE AID DEFINED.— 

13 For the purpose of this section, the term ‘‘military or in14 telligence aid’’ means, with respect to the SPDC— 

15 (1) the provision of weapons, weapons parts, 

16 military vehicles, or military aircraft; 

17 (2) the provision of military or intelligence 

18 training, including advice and assistance on subject 

19 matter expert exchanges; 

20 (3) the provision of weapons of mass destruc21 tion and related materials, capabilities, and tech22 nology, including nuclear, chemical, or dual-use ca23 pabilities; 

24 (4) conducting joint military exercises; 

25 (5) the provision of naval support, including 

26 ship development and naval construction; 


jbell on PROD1PC69 with BILLS
38 

•HRES 1341 ATH 

1 (6) the provision of technical support, including 

2 computer and software development and installa3 tions, networks, and infrastructure development and 

4 construction; or 

5 (7) the construction or expansion of airfields, 

6 including radar and anti-aircraft systems. 

7 (c) FORM.—The report required under subsection (a) 

8 shall be submitted in unclassified form but may include 

9 a classified annex and the unclassified form shall be placed 

10 on the Department of State’s website. 

11 SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS 

12 SALES TO BURMA. 

13 It is the sense of Congress that the United States 

14 should lead efforts in the United Nations Security Council 

15 to impose a mandatory international arms embargo on 

16 Burma, curtailing all sales of weapons, ammunition, mili17 tary vehicles, and military aircraft to Burma until the 

18 SPDC releases all political prisoners, restores constitu19 tional rule, takes steps toward inclusion of ethnic minori20 ties in political reconciliation efforts, and holds free and 

21 fair elections to establish a new government. 

22 SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER. 

23 (a) REPORT.—Not later than one year after the date 

24 of the enactment of this Act and annually thereafter, the 

25 Secretary of State, in consultation with the Secretary of 


jbell on PROD1PC69 with BILLS
39 

•HRES 1341 ATH 

1 Commerce, and other Federal officials, as appropriate, 

2 shall submit to the appropriate congressional committees 

3 a report on Burma’s timber trade containing information 

4 on the following: 

5 (1) Products entering the United States made 

6 in whole or in part of wood grown and harvested in 

7 Burma, including measurements of annual value and 

8 volume and considering both legal and illegal timber 

9 trade. 

10 (2) Statistics about Burma’s timber trade, in11 cluding raw wood and wood products, in aggregate 

12 and broken down by country and timber species, in13 cluding measurements of value and volume and con14 sidering both legal and illegal timber trade. 

15 (3) A description of the chains of custody of 

16 products described in paragraph (1), including direct 

17 trade streams from Burma to the United States and 

18 via manufacturing or transshipment in third coun19 tries. 

20 (4) Illegalities, abuses, or corruption in the 

21 Burmese timber sector. 

22 (5) A description of all common consumer and 

23 commercial applications unique to Burmese hard24 woods, including the furniture and marine manufac25 turing industries. 


jbell on PROD1PC69 with BILLS
40 

•HRES 1341 ATH 

1 (b) RECOMMENDATIONS.—The report required under 

2 subsection (a) shall include recommendations on the fol3 lowing: 

4 (1) Alternatives to Burmese hardwoods for the 

5 commercial applications described in paragraph (5) 

6 of subsection (a), including alternative species of 

7 timber that could provide the same applications. 

8 (2) Strategies for encouraging sustainable man9 agement of timber in locations with potential cli10 mate, soil, and other conditions to compete with 

11 Burmese hardwoods for the consumer and commer12 cial applications described in paragraph (5) of sub13 section (a). 

14 (3) The appropriate United States and inter15 national customs documents and declarations that 

16 would need to be kept and compiled in order to es17 tablish the chain of custody concerning products de18 scribed in paragraphs (1) and (3) of subsection (a). 

19 (4) Strategies for strengthening the capacity of 

20 Burmese civil society, including Burmese society in 

21 exile, to monitor and report on the SPDC’s trade in 

22 timber and other extractive industries so that Bur23 mese natural resources can be used to benefit the 

24 majority of Burma’s population. 


jbell on PROD1PC69 with BILLS
41 

•HRES 1341 ATH 

1 SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEM2 BERS OF THE SPDC. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act and annually thereafter, 

5 the Secretary of the Treasury, in consultation with the 

6 Secretary of State, shall submit to the Committee on For7 eign Affairs of the House of Representatives, the Com8 mittee on Ways and Means of the House of the Represent9 atives, the Committee on Foreign Relations of the Senate, 

10 and the Committee on Finance of the Senate a report con11 taining a list of all countries and foreign banking institu12 tions that hold assets on behalf of senior Burmese offi13 cials. 

14 (b) DEFINITIONS.—For the purpose of this section: 

15 (1) SENIOR BURMESE OFFICIALS.—The term 

16 ‘‘senior Burmese officials’’ shall mean individuals 

17 covered under section 5(d)(1) of this Act. 

18 (2) OTHER TERMS.—Other terms shall be de19 fined under the authority of and consistent with sec20 tion 5(c)(2) of this Act. 

21 (c) FORM.—The report required under subsection (a) 

22 shall be submitted in unclassified form but may include 

23 a classified annex. The report shall also be posted on the 

24 Department of Treasury’s website not later than 30 days 

25 of the submission to Congress of the report. To the extent 

26 possible, the report shall include the names of the senior 


jbell on PROD1PC69 with BILLS
42 

•HRES 1341 ATH 

1 Burmese officials and the approximate value of their hold2 ings in the respective foreign banking institutions and any 

3 other pertinent information. 

4 SEC. 14. UNOCAL PLAINTIFFS. 

5 (a) SENSE OF CONGRESS.—It is the Sense of Con6 gress that the United States should work with the Royal 

7 Thai Government to ensure the safety in Thailand of the 

8 15 plaintiffs in the Doe v. Unocal case, and should con9 sider granting refugee status or humanitarian parole to 

10 these plaintiffs to enter the United States consistent with 

11 existing United States law. 

12 (b) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the President shall submit 

14 to the appropriate Congressional committees a report on 

15 the status of the Doe vs. Unocal plaintiffs and whether 

16 the plaintiffs have been granted refugee status or humani17 tarian parole. 

18 SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVEST19 MENTS IN BURMA’S OIL AND GAS INDUSTRY. 

20 (a) FINDINGS AND DECLARATIONS.—Congress finds 

21 the following: 

22 (1) Currently United States, French, and Thai 

23 investors are engaged in the production and delivery 

24 of natural gas in the pipeline from the Yadana and 

25 Sein fields (Yadana pipeline) in the Andaman Sea, 


jbell on PROD1PC69 with BILLS
43 

•HRES 1341 ATH 

1 an enterprise which falls under the jurisdiction of 

2 the Burmese Government, and United States invest3 ment by Chevron represents approximately a 28 per4 cent nonoperated, working interest in that pipeline. 

5 (2) The Congressional Research Service esti6 mates that the Yadana pipeline provides at least 

7 $500,000,000 in annual revenue for the Burmese 

8 Government. 

9 (3) The natural gas that transits the Yadana 

10 pipeline is delivered primarily to Thailand, rep11 resenting about 20 percent of Thailand’s total gas 

12 supply. 

13 (4) The executive branch has in the past ex14 empted investment in the Yadana pipeline from the 

15 sanctions regime against the Burmese Government. 

16 (5) Congress believes that United States com17 panies ought to be held to a high standard of con18 duct overseas and should avoid as much as possible 

19 acting in a manner that supports repressive regimes 

20 such as the Burmese Government. 

21 (6) Congress recognizes the important symbolic 

22 value that divestment of United States holdings in 

23 Burma would have on the international sanctions ef24 fort, demonstrating that the United States will con25 tinue to lead by example. 


jbell on PROD1PC69 with BILLS
44 

•HRES 1341 ATH 

1 (b) STATEMENT OF POLICY.— 

2 (1) Congress urges Yadana investors to con3 sider voluntary divestment over time if the Burmese 

4 Government fails to take meaningful steps to release 

5 political prisoners, restore civilian constitutional rule 

6 and promote national reconciliation. 

7 (2) Congress will remain concerned with the 

8 matter of continued investment in the Yadana pipe9 line in the years ahead. 

10 (3) Congress urges the executive branch to 

11 work with all firms invested in Burma’s oil and gas 

12 sector to use their influence to promote the peaceful 

13 transition to civilian democratic rule in Burma. 

14 (c) SENSE OF CONGRESS.—It is the sense of Con15 gress that so long as Yadana investors remain invested 

16 in Burma, such investors should— 

17 (1) communicate to the Burmese Government, 

18 military and business officials, at the highest levels, 

19 concern about the lack of genuine consultation be20 tween the Burmese Government and its people, the 

21 failure of the Burmese Government to use its nat22 ural resources to benefit the Burmese people, and 

23 the military’s use of forced labor; 

24 (2) publicly disclose and deal with in a trans25 parent manner, consistent with legal obligations, its 


jbell on PROD1PC69 with BILLS
45 

•HRES 1341 ATH 

1 role in any ongoing investment in Burma, including 

2 its financial involvement in any joint production 

3 agreement or other joint ventures and the amount of 

4 their direct or indirect support of the Burmese Gov5 ernment; and 

6 (3) work with project partners to ensure that 

7 forced labor is not used to construct, maintain, sup8 port, or defend the project facilities, including pipe9 lines, offices, or other facilities. 

Amend the title so as to read: ‘‘A bill 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.’’. 

Æ 


jbell on PROD1PC69 with BILLS