II 

115TH CONGRESS 

1ST SESSION S. 2060 

To promote democracy and human rights in Burma, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2017 

Mr. MCCAIN (for himself, Mr. CARDIN, Mr. DURBIN, Mr. YOUNG, Mr. MARKEY, Mr. RUBIO, Mr. MERKLEY, Mrs. FEINSTEIN, Mr. SCHATZ, Mr. 

KAINE, Mr. VAN HOLLEN, Ms. BALDWIN, Mr. BOOKER, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To promote democracy and human rights in 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 Human Rights 

5 and Freedom Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The United States policy of principled en9 gagement since 1988 has fostered positive demoVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 cratic reforms in Burma, which have led to signifi2 cant milestones on the path to full democracy. 

3 (2) On November 8, 2015, Burma held historic 

4 elections in which the National League for Democ5 racy won a supermajority of seats in the combined 

6 national parliament. On March 30, 2016, Htin 

7 Kyaw was inaugurated as the President of Burma, 

8 the country’s first civilian President in more than 50 

9 years. Aung San Suu Kyi, President of the National 

10 League for Democracy, was barred from becoming 

11 President due to the provisions of section 59(f) of 

12 the 2008 Constitution, and therefore assumed the 

13 office of State Counsellor, a position created for her 

14 that made her the country’s de facto leader. 

15 (3) Aung San Suu Kyi’s first acts as State 

16 Counsellor after her National League for Democracy 

17 party took office included releasing more than 100 

18 political prisoners, including well-known journalists 

19 and student activists held on politically motivated 

20 charges. However, as of September 2017, there are 

21 220 political prisoners in Burma, 42 of which are 

22 currently serving prison sentences, 51 of which are 

23 awaiting trial inside prison, and 127 of which are 

24 awaiting trial outside prison, according to the Assist25 ance Association for Political Prisoners. 


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1 (4) The Government of Burma also continues 

2 to systematically discriminate against the Rohingya 

3 people. Burma’s 1982 citizenship law stripped 

4 Rohingya Burmese of their Burmese citizenship, 

5 rendering them stateless, and the Government con6 tinues to restrict Rohingya births, deny them free7 dom of movement, access to healthcare, land, edu8 cation, voting, political participation, and marriage. 

9 (5) Despite the meaningful steps taken toward 

10 democracy in Burma, there still remain important 

11 structural and systemic impediments to the realiza12 tion of a fully democratic civilian government, in13 cluding— 

14 (A) reform of the 2008 Constitution; 

15 (B) the disfranchisement of groups of peo16 ple who voted in previous elections; 

17 (C) social, political, and economic condi18 tions in Rakhine State, particularly those faced 

19 by the Rohingya population; and 

20 (D) addressing and ending the current hu21 manitarian and human rights crisis affecting 

22 Burma’s Rohingya population and residents of 

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1 ual and gender-based violence, and forced dis2 placement. 

3 (6) Actions of the military of Burma, known as 

4 the Tatmadaw, including continuing assaults on per5 sonnel and territory controlled by armed ethnic orga6 nizations, military offenses immediately preceding 

7 the peace conference in Naypyitaw, and human 

8 rights abuses against noncombatant civilians in con9 flict areas, undermine confidence in establishing a 

10 credible nationwide cease-fire agreement to end Bur11 ma’s civil war. 

12 (7) The people of Burma continue to suffer 

13 from an ongoing civil war between the Tatmadaw 

14 and nearly 20 armed ethnic organizations. Any pros15 pects for a full democracy in Burma are contingent 

16 on ending the civil war and finding a path toward 

17 national reconciliation between Burma’s Bamar ma18 jority and its various ethnic minorities. 

19 (8) Since 2011, over 98,000 people have been 

20 displaced in Kachin and northern Shan State over 

21 the escalating violence and instability, resulting in 

22 continued massive internal displacement, causing a 

23 massive humanitarian crisis, and continuing to un24 dermine the trust necessary to achieve a durable, 

25 lasting peace, and disproportionately affecting the 


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1 lives of innocent civilians and the thousands of inter2 nally displaced persons forced from their homes. Ac3 cording to the United Nations Office for the Coordi4 nation of Humanitarian Affairs, some 50 percent of 

5 these displaced persons are staying in areas beyond 

6 Government control where humanitarian access is 

7 limited. 

8 (9) In 2015, the nongovernmental campaign 

9 Global Witness found that, in 2014, the estimated 

10 value of official production of jade equated up to 48 

11 percent of the official gross domestic product of 

12 Burma. However, because of corruption and a lack 

13 of transparency the economic gains of Burma are 

14 being pocketed by notorious leaders from the mili15 tary junta, including former dictator Than Shwe and 

16 United States-sanctioned drug lord Wei Hsueh 

17 Kang, and vested interests in jade are undermining 

18 prospects for resolving the most intractable armed 

19 conflict in Burma. 

20 (10) On August 31, 2016, State Counsellor 

21 Aung San Suu Kyi and the Government of Burma 

22 initiated the Union Peace Conference 21st Century 

23 Panglong, where more than 1,400 representatives of 

24 various concerned parties attended a peace con25 ference in Naypyitaw in an effort to begin the procVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 ess of ending Burma’s civil war and discuss options 

2 in forming a democratic state of Burma. On May 

3 24, 2017, the Government of Burma held a second 

4 Panglong Peace Conference, with mixed results. 

5 (11) On October 31, 2016, the Department of 

6 State determined that Burma remains designated as 

7 a country of particular concern for religious freedom 

8 under section 402(b) of the International Religious 

9 Freedom Act (22 U.S.C. 6442(b)), and that ‘‘mem10 bers of the Rohingya community in particular face 

11 abuses by the Government of Burma, including 

12 those involving torture, unlawful arrest and deten13 tion, restricted movement, restrictions on religious 

14 practices, discrimination in employment, and access 

15 to social services’’. 

16 (12) The February 2017 panels set up by the 

17 Burmese army and the Home Affairs Ministry are 

18 widely perceived to lack independence and impar19 tiality. The December 2016 commission established 

20 by Burma’s President Htin Kyaw to investigate the 

21 October 2016 attacks dismissed claims of mis22 conduct by security forces due to ‘‘insufficient evi23 dence’’. The 2012 commission government estab24 lished to investigate violence in Rakhine State that 

25 year never held anyone accountable. 


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1 (13) In a public address on October 12, 2017, 

2 State Counsellor Aung San Suu Kyi laid out 3 goals 

3 for Rakhine State: 

4 (A) Repatriation of those who have crossed 

5 over to Bangladesh and the effective provision 

6 of humanitarian assistance. 

7 (B) Resettlement of displaced populations. 

8 (C) Economic development and durable 

9 peace. 

10 (14) According to the Bangladesh Foreign Min11 istry, at least 3,000 Rohingya have been killed and 

12 over an estimated 600,000 Rohingya have fled to 

13 Bangladesh since August 2017 for fear of loss of 

14 livelihoods, shelter, and disproportionate use of force 

15 by the military of Burma. Congress recognizes the 

16 longstanding support and hospitality of the Govern17 ment and the people of Bangladesh; however, it is 

18 important that people fleeing violence in Burma are 

19 not deported or turned back. 

20 (15) On October 23, 2017, the Department of 

21 State said, ‘‘We express our gravest concern with re22 cent events in Rakhine State and the violent, trau23 matic abuses Rohingya and other communities have 

24 endured. It is imperative that any individuals or enVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 tities responsible for atrocities, including non-state 

2 actors and vigilantes, be held accountable.’’. 

3 (16) At a Senate Foreign Relations Committee 

4 hearing on October 24, 2017, the Department of 

5 State indicated that ‘‘refugees continue to cross into 

6 Bangladesh, and we continue to receive credible re7 ports of sporadic violence in northern Rakhine 

8 State’’. 

9 (17) Amnesty International and Human Rights 

10 Watch have reported and documented a campaign of 

11 violence perpetuated by the security forces of 

12 Burma, which have indiscriminately fired on and 

13 killed civilians, raped women and girls, and arbi14 trarily arrested Rohingya men without any informa15 tion about their whereabouts or charges which ‘‘may 

16 amount to crimes against humanity’’ and ‘‘ethnic 

17 cleansing’’. Satellite images reveal that, out of the 

18 approximately 470 villages in northern Rakhine 

19 State, nearly 300 were partially or completely de20 stroyed by fire since August 25, 2017, most of them 

21 completely or partially populated with Rohingya 

22 Muslims. 

23 (18) The Government of Burma has continued 

24 to block access to northern Rakhine State by United 

25 Nations and other humanitarian groups. For much 


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1 of the last three months, hundreds of thousands of 

2 vulnerable people in Rakhine State who needed hu3 manitarian aid, both Rohingya, Rakhine, and other 

4 groups and including children with acute malnutri5 tion, were being blocked from receiving such aid, 

6 and aid groups now expect that levels of malnutri7 tion and even starvation have dramatically increased. 

8 (19) In response to previous violence between 

9 the Burmese military and the ethnic Rohingya peo10 ple in 2016, Aung San Suu Kyi established the Ad11 visory Commission on Rakhine State headed by 

12 former United Nations Secretary-General Kofi 

13 Annan to address tensions in Northern Rakhine. She 

14 has since also endorsed the Commission’s rec15 ommendations and established a group to move for16 ward with implementation. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

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

22 (A) the Committee on Foreign Relations 

23 and the Committee on Armed Services of the 

24 Senate; and 


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1 (B) the Committee on Foreign Affairs and 

2 the Committee on Armed Services of the House 

3 of Representatives. 

4 (2) CRIMES AGAINST HUMANITY.—The term 

5 ‘‘crimes against humanity’’ includes, when com6 mitted as part of a widespread or systematic attack 

7 directed against any civilian population, with knowl8 edge of the attack— 

9 (A) murder; 

10 (B) deportation or forcible transfer of pop11 ulation; 

12 (C) torture; 

13 (D) rape, sexual slavery, or any other form 

14 of sexual violence of comparable gravity; 

15 (E) persecution against any identifiable 

16 group or collectivity on political, racial, na17 tional, ethnic, cultural, religious, gender or 

18 other grounds that are universally recognized as 

19 impermissible under international law; 

20 (F) enforced disappearance of persons; 

21 (G) the crime of apartheid; and 

22 (H) other inhumane acts of a similar char23 acter intentionally causing great suffering, or 

24 serious injury to body or to mental or physical 

25 health. 


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1 (3) ETHNIC CLEANSING.—The term ‘‘ethnic 

2 cleansing’’ means a purposeful policy designed by 

3 one ethnic or religious group to remove by violent 

4 and terror-inspiring means the civilian population of 

5 another ethnic or religious group from certain geo6 graphic areas. 

7 (4) GENOCIDE.—The term ‘‘genocide’’ means 

8 any offense described in section 1091(a) of title 18, 

9 United States Code. 

10 (5) HYBRID TRIBUNAL.—The term ‘‘hybrid tri11 bunal’’ means a temporary criminal tribunal that in12 volves a combination of domestic and international 

13 lawyers, judges, and other professionals to prosecute 

14 individuals suspected of committing war crimes, 

15 crimes against humanity, or genocide. 

16 (6) TRANSITIONAL JUSTICE.—The term ‘‘tran17 sitional justice’’ means the range of judicial, non18 judicial, formal, informal, retributive, and restorative 

19 measures employed by countries transitioning out of 

20 armed conflict or repressive regimes— 

21 (A) to redress legacies of atrocities; and 

22 (B) to promote long-term, sustainable 

23 peace. 


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1 (7) WAR CRIME.—The term ‘‘war crime’’ has 

2 the meaning given the term in section 2441(c) of 

3 title 18, United States Code. 

4 SEC. 4. STATEMENT OF POLICY. 

5 It is the policy of the United States that— 

6 (1) the pursuit of a calibrated engagement 

7 strategy is essential to support the establishment of 

8 a peaceful, prosperous, and democratic Burma that 

9 includes respect for the human rights of all its peo10 ple regardless of ethnicity and religion; and 

11 (2) the guiding principles of such a strategy to 

12 support and complete the transition to democracy 

13 and genuine national reconciliation include— 

14 (A) support for meaningful legal and con15 stitutional reforms that remove remaining re16 strictions on civil and political rights and insti17 tute civilian control of the military, civilian con18 trol of the government, and the constitutional 

19 provision reserving 25 percent of parliamentary 

20 seats for the military, which provides the mili21 tary with veto power over constitutional amend22 ments; 

23 (B) the establishment of a fully demo24 cratic, pluralistic, civilian controlled, and rep25 resentative political system that includes reguVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 larized free and fair elections in which all peo2 ple of Burma can vote; 

3 (C) the promotion of genuine national rec4 onciliation and conclusion of a credible and sus5 tainable nationwide cease-fire agreement, polit6 ical accommodation of the needs of ethnic Shan, 

7 Kachin, Chin, Karen, and other ethnic groups, 

8 and constitutional change allowing inclusive 

9 permanent peace; 

10 (D) accountability for ethnic cleansing, 

11 crimes against humanity, and genocide per12 petrated against ethnic minorities like the 

13 Rohingya by the Government, military, and se14 curity forces of Burma, violent extremist 

15 groups, and other combatants involved in the 

16 conflict; 

17 (E) strengthening the government’s civilian 

18 institutions, including support for greater trans19 parency and accountability; 

20 (F) the establishment of professional and 

21 nonpartisan military, security, and police forces 

22 that operate under civilian control; 

23 (G) empowering local communities, civil so24 ciety, and independent media; 


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1 (H) promoting responsible international 

2 and regional engagement; 

3 (I) strengthening respect for and protec4 tion of human rights and religious freedom; and 

5 (J) addressing and ending the humani6 tarian and human rights crisis, including by 

7 supporting the return of the displaced Rohingya 

8 to their homes and providing equal access to 

9 full restoration of full citizenship for the 

10 Rohingya population. 

11 SEC. 5. HUMANITARIAN ASSISTANCE. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated $104,000,000 for assistance to the victims of the 

14 Burmese military’s ethnic cleansing campaign targeting 

15 Rohingya in Rakhine State, including those displaced in 

16 Bangladesh, Burma, and the region, support for voluntary 

17 resettlement or repatriation efforts regionally, and for rec18 onciliation programs in Rakhine State, including support 

19 for credible, independent humanitarian organizations, 

20 United Nations agencies, and nongovernmental organiza21 tions supporting the implementation of the recommenda22 tions of the Advisory Commission on Rakhine State or 

23 otherwise seeking to provide humanitarian assistance to 

24 victims of violence and destruction in Rakhine State, in25 cluding victims of gender-based violence and unaccomVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 panied minors. Additional significant and sustained fund2 ing will be necessary to address the medium and long-term 

3 impacts of this crisis. 

4 (b) FREEDOM OF MOVEMENT OF REFUGEES AND IN5 TERNALLY DISPLACED PERSONS.—Congress calls on the 

6 Government of Bangladesh to ensure all refugees have 

7 freedom of movement and under no circumstances are 

8 subject to unsafe, involuntary, or uninformed repatriation. 

9 Congress also calls on the Government of Burma to ensure 

10 the dignified, safe, and voluntary return of those displaced 

11 from their homes, and offer to those who do not want to 

12 return meaningful means to obtain compensation or res13 titution. 

14 SEC. 6. MULTILATERAL ASSISTANCE. 

15 (a) RESTRICTIONS.—Except as provided under sub16 section (b), the Secretary of the Treasury should instruct 

17 the United States executive director of each international 

18 financial institution to use the voice and vote of the United 

19 States to support a project in Burma only if the project 

20 does not partner with, contract or subcontract with, or 

21 otherwise involve or benefit enterprises owned or directly 

22 or indirectly controlled by the military of Burma, the Min23 istry of Defense, members of the Burmese military or se24 curity forces, or related entities. 


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1 (b) EXCEPTION.—The Secretary of the Treasury may 

2 approve projects otherwise restricted under this section 

3 if— 

4 (1) senior Burmese military officials have— 

5 (A) publicly acknowledged their role in 

6 committing past human rights abuses; 

7 (B) cooperated with independent efforts to 

8 investigate such abuses; 

9 (C) been held accountable for such abuses; 

10 (D) demonstrated substantial progress in 

11 reforming their behavior with respect to the 

12 protection of human rights in the conduct of 

13 civil-military relations; 

14 (E) demonstrably and verifiably indicated 

15 their support for extending civil and political 

16 rights, including citizenship and access to the 

17 rule of law, to all the people of Burma con18 sistent with international standard including 

19 the Rohingya; and 

20 (F) are cooperating with efforts to secure 

21 a credible cease-fire agreement, political accom22 modation, and constitutional change allowing 

23 inclusive permanent peace; and 

24 (2) doing so is in the vital interest of the 

25 United States. 


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1 SEC. 7. SENSE OF CONGRESS ON RIGHT OF RETURNEES. 

2 It is the sense of Congress that the Government of 

3 Burma, in collaboration with the regional and inter4 national community, including the United Nations High 

5 Commissioner for Refugees— 

6 (1) should ensure the dignified, safe, and vol7 untary return of all those displaced from their 

8 homes, especially from Rakhine State, without an 

9 unduly high burden of proof; and 

10 (2) should fully implement all of the rec11 ommendations of the Advisory Commission on 

12 Rakhine State. 

13 SEC. 8. MILITARY COOPERATION. 

14 (a) PROHIBITION.—Except as provided under sub15 section (b), the United States Government may not supply 

16 any security assistance or engage in any military-to-mili17 tary programs with the armed forces of Burma, including 

18 training or observation or participation in regional exer19 cises, until the Secretary of Defense, in consultation with 

20 the Secretary of State, can certify to the appropriate con21 gressional committees that the Burmese military has dem22 onstrated significant progress in abiding by international 

23 human rights standards and is undertaking meaningful 

24 and significant security sector reform, including trans25 parency and accountability to prevent future abuses, as 

26 determined by applying the following criteria: 


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1 (1) The military adheres to international 

2 human rights standards and pledges to stop future 

3 human rights abuses. 

4 (2) The military supports efforts to carry out 

5 meaningful and comprehensive investigations of re6 cent abuses and is taking steps to hold accountable 

7 those in the Burmese military responsible for human 

8 rights violations. 

9 (3) The Government of Burma, including the 

10 military, allows immediate and unfettered humani11 tarian access to communities in areas affected by 

12 conflict, including Rohingya communities in Rakhine 

13 State. 

14 (4) The Government of Burma, including the 

15 military, cooperates with the United Nations High 

16 Commissioner for Refugees and other relevant 

17 United Nations agencies to ensure the protection of 

18 displaced persons and the safe and voluntary return 

19 of refugees and internally displaced persons. 

20 (5) The Government of Burma, including the 

21 military, takes steps toward the implementation of 

22 the recommendations of the Advisory Commission on 

23 Rakhine State. 

24 (b) EXCEPTIONS.— 


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1 (1) CERTAIN EXISTING AUTHORITIES.—The 

2 Department of Defense may continue to conduct 

3 consultations based on the authorities under section 

4 1253 of the Carl Levin and Howard P. ‘‘Buck’’ 

5 McKeon National Defense Authorization Act for 

6 Fiscal Year 2015 (Public Law 113–291; 22 U.S.C. 

7 2151 note). 

8 (2) HOSPITALITY.—The Department of State 

9 and the United States Agency for International De10 velopment may meet related-hospitality requirements 

11 with respect to the 21st Century Panglong Union 

12 Peace Conference. 

13 (c) MILITARY REFORM.—The certification required 

14 under subsection (a) shall include a written justification 

15 in classified and unclassified form describing the Burmese 

16 military’s efforts to implement reforms, end impunity for 

17 human rights abuses, and increase transparency and ac18 countability. 

19 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

20 shall be construed to authorize Department of Defense as21 sistance to the Government of Burma except as provided 

22 in this section. 

23 (e) REPORT.— 

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

25 after the date of the enactment of this Act, and 


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1 every 180 days thereafter, the Secretary of Defense, 

2 in concurrence with the Secretary of State, shall 

3 submit to the appropriate congressional committees 

4 a report, in both classified and unclassified form, on 

5 the strategy and plans for military-to-military en6 gagement between the United States Armed Forces 

7 and the military of Burma. 

8 (2) ELEMENTS.—The report required under 

9 paragraph (1) shall include the following elements: 

10 (A) A description and assessment of the 

11 Government of Burma’s strategy for security 

12 sector reform, including as it relates to an end 

13 to involvement in the illicit trade in jade and 

14 other natural resources, reforms to end corrup15 tion and illicit drug trafficking, and constitu16 tional reforms to ensure civilian control. 

17 (B) A list of ongoing military activities 

18 conducted by the United States Government 

19 with the Government of Burma, and a descrip20 tion of the United States strategy for future 

21 military-military engagements between the 

22 United States and Burma’s military forces, in23 cluding the military of Burma, the Burma Po24 lice Force, and armed ethnic groups. 


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1 (C) An assessment of the progress of the 

2 military of Burma towards developing a frame3 work to implement human right reforms, in4 cluding— 

5 (i) cooperation with civilian authori6 ties to investigate and prosecute cases of 

7 gross human rights violations; 

8 (ii) steps taken to demonstrate respect 

9 for and implementation of the laws of war 

10 and international human rights law; and 

11 (iii) a description of the elements of 

12 the military-to-military engagement be13 tween the United States and Burma that 

14 promote such implementation. 

15 (D) An assessment of progress on the 

16 peaceful settlement of armed conflicts between 

17 the Government of Burma and ethnic minority 

18 groups, including actions taken by the military 

19 of Burma to adhere to cease-fire agreements 

20 and withdraw forces from conflict zones. 

21 (E) An assessment of the Burmese’s mili22 tary recruitment and use of children as soldiers. 

23 (F) An assessment of the Burmese’s mili24 tary’s use of violence against women, sexual vioVerDate Sep 11 2014 00:52 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2060.IS S2060

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1 lence, or other gender-based violence as a tool 

2 of terror, war, or ethnic cleansing. 

3 (f) CIVILIAN CHANNELS.—Any program initiated 

4 under this section shall use appropriate civilian govern5 ment channels with the democratically elected Government 

6 of Burma. 

7 (g) REGULAR CONSULTATIONS.—Any new program 

8 or activity in Burma initiated under this section shall be 

9 subject to prior consultation with the appropriate congres10 sional committees. 

11 SEC. 9. TRADE RESTRICTIONS. 

12 (a) REINSTATEMENT OF IMPORT RESTRICTIONS ON

13 JADEITE AND RUBIES FROM BURMA.— 

14 (1) IN GENERAL.—Section 3A of the Burmese 

15 Freedom and Democracy Act of 2003 (Public Law 

16 108–61; 50 U.S.C. 1701 note) is amended by adding 

17 at the end the following: 

18 ‘‘(i) TERMINATION.—Notwithstanding section 9, this 

19 section shall remain in effect until the President deter20 mines and certifies to the appropriate congressional com21 mittees that the Government of Burma has taken meas22 ures to reform the gemstone industry in Burma, including 

23 measures to require— 

24 ‘‘(1) the disclosure of the ultimate beneficial 

25 ownership of entities in that industry; and 


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1 ‘‘(2) the publication of project revenues, pay2 ments, and contract terms relating to that indus3 try.’’. 

4 (2) CONFORMING AMENDMENTS.—Section 3A 

5 of the Burmese Freedom and Democracy Act of 

6 2003 is further amended— 

7 (A) in subsection (b)— 

8 (i) in paragraph (1), by striking 

9 ‘‘until such time’’ and all that follows 

10 through ‘‘2008’’ and inserting ‘‘beginning 

11 on the date that is 15 days after the date 

12 of the enactment of the Burma Human 

13 Rights and Freedom Act of 2017’’; and 

14 (ii) in paragraph (3), by striking ‘‘the 

15 date of the enactment of this Act’’ and in16 serting ‘‘the date of the enactment of the 

17 Burma Human Rights and Freedom Act of 

18 2017’’; and 

19 (B) in subsection (c)(1), by striking ‘‘until 

20 such time’’ and all that follows through ‘‘2008’’ 

21 and inserting ‘‘beginning on the date that is 15 

22 days after the date of the enactment of the 

23 Burma Human Rights and Freedom Act of 

24 2017’’. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply with respect to articles 

3 entered, or withdrawn from warehouse for consump4 tion, on or after the 15th day after the date of the 

5 enactment of this Act. 

6 (b) REVIEW OF ELIGIBILITY FOR GENERALIZED SYS7 TEM OF PREFERENCES.— 

8 (1) IN GENERAL.—Not later than one year 

9 after the date of enactment of this Act, the Presi10 dent shall submit to the committees specified in 

11 paragraph (2) a report that includes a detailed re12 view of the eligibility of Burma for preferential duty 

13 treatment under the Generalized System of Pref14 erences under title V of the Trade Act of 1974 (19 

15 U.S.C. 2461 et seq.). 

16 (2) COMMITTEES SPECIFIED.—The committees 

17 specified in this paragraph are— 

18 (A) the Committee on Appropriations, the 

19 Committee on Finance, and the Committee on 

20 Foreign Relations of the Senate; and 

21 (B) the Committee on Appropriations, the 

22 Committee on Foreign Affairs, and the Com23 mittee on Ways and Means of the House of 

24 Representatives. 


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1 SEC. 10. VISA BAN AND ECONOMIC SANCTIONS WITH RE2 SPECT TO MILITARY OFFICIALS RESPON3 SIBLE FOR HUMAN RIGHTS ABUSES. 

4 (a) LIST REQUIRED.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of the enactment of this Act, the President 

7 shall submit to the appropriate congressional com8 mittees a list of senior officials of the military and 

9 security forces of Burma that the President deter10 mines have played a direct and substantial role in 

11 the commission of human rights abuses in Burma, 

12 including against the Rohingya minority population. 

13 (2) INCLUSIONS.—The list required by para14 graph (1) shall include all of the senior officials of 

15 the military and security forces of Burma in charge 

16 of each unit that was operational during the so17 called ‘‘clearance operations’’ that began in October 

18 2016 and are ongoing as of the date of the enact19 ment of this Act. 

20 (3) UPDATES.—Not less frequently than every 

21 180 days, the President shall submit to the appro22 priate congressional committees an updated version 

23 of the list required by paragraph (1). 

24 (b) SANCTIONS.— 

25 (1) VISA BAN.—The Secretary of State shall 

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1 rity to exclude from the United States, any indi2 vidual on the list required by subsection (a)(1). 

3 (2) LIST OF SPECIALLY DESIGNATED NATION4 ALS AND BLOCKED PERSONS.— 

5 (A) IN GENERAL.—Not later than 90 days 

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

7 President shall— 

8 (i) determine whether the individuals 

9 specified in subparagraph (B) should be 

10 included on the SDN list; and 

11 (ii) submit to the appropriate congres12 sional committees a report on that deter13 mination that includes, with respect to any 

14 such individual not included on the SDN 

15 list, the reason for not including that indi16 vidual on that list. 

17 (B) INDIVIDUALS SPECIFIED.—The indi18 viduals specified in this subparagraph are— 

19 (i) the head of each unit of the mili20 tary or security forces of Burma that was 

21 operational during the so-called ‘‘clearance 

22 operations’’ that began in October 2016 

23 and are ongoing as of the date of the en24 actment of this Act, including— 


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1 (I) Senior General Min Aung 

2 Hlaing; 

3 (II) Major General Maung 

4 Maung Soe; and 

5 (III) Major General Khin Maung 

6 Soe; and 

7 (ii) any senior official of the military 

8 or security forces of Burma for which 

9 there are credible allegations that the offi10 cial has aided, participated, or is otherwise 

11 implicated in gross human rights abuses in 

12 Burma, including sexual and ethnic- or 

13 gender-based violence. 

14 (C) SDN LIST DEFINED.—In this para15 graph, the term ‘‘SDN list’’ means the list of 

16 specially designated nationals and blocked per17 sons maintained by the Office of Foreign Assets 

18 Control of the Department of the Treasury. 

19 (3) AUTHORITY FOR ADDITIONAL FINANCIAL

20 SANCTIONS.—The Secretary of the Treasury may 

21 prohibit or impose conditions on the opening or 

22 maintaining in the United States of a correspondent 

23 account or payable-through account by any financial 

24 institution or financial agency that is a United 

25 States person, for or on behalf of a foreign financial 


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1 institution, if the Secretary determines that the ac2 count is used— 

3 (A) by a foreign financial institution that 

4 holds property or an interest in property of an 

5 individual on the list required by subsection 

6 (a)(1); or 

7 (B) to conduct a transaction on behalf of 

8 an individual on that list. 

9 (4) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection may be construed to prohibit any contract 

11 or other financial transaction with a credible non12 governmental humanitarian organization in Burma. 

13 (c) REMOVAL FROM LISTS.—The President may re14 move an individual from the list required by subsection 

15 (a)(1), or remove an individual included on the SDN list 

16 pursuant to subsection (b)(2) from that list, if the Presi17 dent determines and reports to the appropriate congres18 sional committees that— 

19 (1) the individual has— 

20 (A) publicly acknowledged the role of the 

21 individual in committing past human rights 

22 abuses; 

23 (B) cooperated with independent efforts to 

24 investigate such abuses; 


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1 (C) been held accountable for such abuses; 

2 or 

3 (D) demonstrated substantial progress in 

4 reforming the individual’s behavior with respect 

5 to the protection of human rights in the con6 duct of civil-military relations; and 

7 (2) removing the individual from the list is in 

8 the vital national interest of the United States. 

9 (d) PENALTIES.— 

10 (1) IN GENERAL.—A person that violates, at11 tempts to violate, conspires to violate, or causes a 

12 violation of this section or any regulation, license, or 

13 order issued to carry out paragraph (2) or (3) of 

14 subsection (b) shall be subject to the penalties set 

15 forth in subsections (b) and (c) of section 206 of the 

16 International Emergency Economic Powers Act (50 

17 U.S.C. 1705) to the same extent as a person that 

18 commits an unlawful act described in subsection (a) 

19 of that section. 

20 (2) RULE OF CONSTRUCTION.—This subsection 

21 shall not be construed to require the President to 

22 declare a national emergency under section 202 of 

23 the International Emergency Economic Powers Act 

24 (50 U.S.C. 1701). 

25 (e) EXCEPTIONS.— 


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1 (1) HUMANITARIAN ASSISTANCE.—A require2 ment to impose sanctions under this section shall 

3 not apply with respect to the provision of medicine, 

4 medical equipment or supplies, food, or any other 

5 form of humanitarian or human rights-related as6 sistance provided to Burma in response to a humani7 tarian crisis. 

8 (2) UNITED NATIONS HEADQUARTERS AGREE9 MENT.—Subsection (b)(1) shall not apply to the ad10 mission of an individual to the United States if such 

11 admission is necessary to comply with United States 

12 obligations under the Agreement between the United 

13 Nations and the United States of America regarding 

14 the Headquarters of the United Nations, signed at 

15 Lake Success June 26, 1947, and entered into force 

16 November 21, 1947, or under the Convention on 

17 Consular Relations, done at Vienna April 24, 1963, 

18 and entered into force March 19, 1967, or other 

19 international obligations of the United States. 

20 (f) DEFINITIONS.—In this section: 

21 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY22 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

23 ‘‘correspondent account’’, and ‘‘payable-through ac24 count’’ have the meanings given those terms in sec25 tion 5318A of title 31, United States Code. 


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1 (2) FINANCIAL AGENCY; FINANCIAL INSTITU2 TION.—The terms ‘‘financial agency’’ and ‘‘financial 

3 institution’’ have the meanings given those terms in 

4 section 5312 of title 31, United States Code. 

5 (3) UNITED STATES PERSON.—The term 

6 ‘‘United States person’’ means— 

7 (A) a United States citizen or an alien law8 fully admitted for permanent residence to the 

9 United States; or 

10 (B) an entity organized under the laws of 

11 the United States or of any jurisdiction within 

12 the United States, including a foreign branch of 

13 such an entity. 

14 SEC. 11. STRATEGY FOR PROMOTING ECONOMIC DEVELOP15 MENT. 

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

17 date of the enactment of this Act, the Secretary of State, 

18 the Secretary of the Treasury, and the Administrator of 

19 the United States Agency for International Development 

20 shall submit to the appropriate congressional committees 

21 a strategy to support sustainable and broad-based eco22 nomic development, in accordance with the priorities of 

23 the Government of Burma to improve economic conditions. 

24 (b) ELEMENTS.—In order to support the efforts of 

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1 section (a) shall include a plan to promote inclusive and 

2 responsible economic growth, including through the fol3 lowing initiatives: 

4 (1) Develop an economic reform road-map to 

5 diversify control over and access to participation in 

6 key industries and sectors. The United States Gov7 ernment should support the Government of Burma 

8 to develop a roadmap to assess and recommend 

9 measures to remove barriers to a level playing field 

10 that increases competition, access and opportunity in 

11 sectors dominated by the military, former military 

12 officials, and their families, and businesspeople con13 nected to the military. The roadmap should include 

14 areas related to government transparency, account15 ability, and governance. 

16 (2) Increase transparency disclosure require17 ments in key sectors to promote responsible invest18 ment. Provide technical support to develop and im19 plement policies, and revise existing policies on pub20 lic disclosure of beneficial owners of companies in 

21 key sectors identified by the Government of Burma, 

22 including the identities of those seeking or securing 

23 access to Burma’s most valuable resources. Such 

24 new requirements should complement disclosures due 

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1 pation in the Extractives Industry Transparency Ini2 tiative (EITI). 

3 SEC. 12. REPORT ON ACCOUNTABILITY FOR ETHNIC 

4 CLEANSING, CRIMES AGAINST HUMANITY, 

5 AND GENOCIDE IN BURMA. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, the Secretary of State 

8 shall submit to the appropriate congressional committees 

9 a report on allegations of ethnic cleansing, crimes against 

10 humanity, and genocide, and on potential transnational 

11 justice mechanisms in Burma. 

12 (b) ELEMENTS.—The reports required under sub13 section (a) shall include— 

14 (1) a description of alleged ethnic cleaning, 

15 crimes against humanity, including the crime of 

16 apartheid, and genocide perpetrated against the 

17 Rohingya ethnic minority in Burma, including— 

18 (A) incidents that may constitute ethnic 

19 cleansing, crimes against humanity, and geno20 cide committed by the Burmese military, and 

21 other actors involved in the violence; 

22 (B) the role of the civilian government in 

23 the commission of such activities; 

24 (C) incidents that may constitute ethnic 

25 cleansing, crimes against humanity, or genocide 


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1 committed by violent extremist groups or 

2 antigovernment forces; 

3 (D) any incidents that may violate the 

4 principle of medical neutrality and, if possible, 

5 identification of the individual or individuals 

6 who engaged in or organized such incidents; 

7 and 

8 (E) to the extent possible, a description of 

9 the conventional and unconventional weapons 

10 used for such crimes and the origins of such 

11 weapons; 

12 (2) a description and assessment by the Depart13 ment of State, the United States Agency for Inter14 national Development, the Department of Justice, 

15 and other appropriate Federal departments and 

16 agencies of programs that the United States Govern17 ment has already or is planning to undertake to en18 sure accountability for ethnic cleansing, crimes 

19 against humanity, and genocide perpetrated against 

20 the Rohingya and other ethnic minority groups by 

21 the Government, security forces, and military of 

22 Burma, violent extremist groups, and other combat23 ants involved in the conflict, including programs— 

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1 ment, investigate, develop findings of, and iden2 tify and locate alleged perpetrators of ethnic 

3 cleansing, crimes against humanity, or genocide 

4 in Burma; 

5 (B) to promote and prepare for a transi6 tional justice process or processes for the per7 petrators of ethnic cleansing, crimes against hu8 manity, and genocide in Burma; and 

9 (C) to document, collect, preserve, and pro10 tect evidence of ethnic cleansing, crimes against 

11 humanity, and genocide in Burma, including 

12 support for Burmese and Bangladeshi, foreign, 

13 and international nongovernmental organiza14 tions, United Nations Human Rights Council’s 

15 investigative team, and other entities; and 

16 (3) a detailed study of the feasibility and desir17 ability of potential transitional justice mechanisms 

18 for Burma, including a hybrid tribunal, to address 

19 ethnic cleansing, crimes against humanity, and geno20 cide perpetrated in Burma, including recommenda21 tions on which transitional justice mechanisms the 

22 United States Government should support, why such 

23 mechanisms should be supported, and what type of 

24 support should be offered. 


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1 (c) PROTECTION OF WITNESSES AND EVIDENCE.— 

2 The Secretary shall take due care to ensure that the iden3 tification of witnesses and physical evidence are not pub4 licly disclosed in a manner that might place such persons 

5 at risk of harm or encourage the destruction of evidence 

6 by the Government of Burma. 

7 SEC. 13. TECHNICAL ASSISTANCE AUTHORIZED. 

8 (a) IN GENERAL.—The Secretary of State, in con9 sultation with the Department of Justice and other appro10 priate Federal departments and agencies, is authorized to 

11 provide appropriate assistance to support entities that, 

12 with respect to ethnic cleansing, crimes against humanity, 

13 and genocide perpetrated by the military, security forces, 

14 and Government of Burma, Buddhist militias, and all 

15 other armed groups fighting in Rakhine State— 

16 (1) identify suspected perpetrators of ethnic 

17 cleansing, crimes against humanity, and genocide; 

18 (2) collect, document, and protect evidence of 

19 crimes and preserve the chain of custody for such 

20 evidence; 

21 (3) conduct criminal investigations; and 

22 (4) support investigations by third-party states, 

23 as appropriate. 

24 (b) ADDITIONAL ASSISTANCE.—The Secretary of 

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1 ments and agencies and the appropriate congressional 

2 committees, and taking into account the findings of the 

3 transitional justice study required under section 12(b)(3), 

4 is authorized to provide assistance to support the creation 

5 and operation of transitional justice mechanisms, includ6 ing a potential hybrid tribunal, to prosecute individuals 

7 suspected of committing ethnic cleansing, crimes against 

8 humanity, or genocide in Burma. 

Æ 


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