I 

116TH CONGRESS 

1ST SESSION H. R. 3190 

To authorize humanitarian assistance and impose sanctions with respect to 

human rights abuses in Burma, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2019 

Mr. ENGEL (for himself and Mr. CHABOT) introduced the following bill; which 

was referred to the Committee on Foreign Affairs, and in addition to the 

Committees on Armed Services, the Judiciary, Financial Services, and 

Ways and Means, for a period to be subsequently determined by the 

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

the jurisdiction of the committee concerned 

A BILL 

To authorize humanitarian assistance and impose sanctions 

with respect to human rights abuses 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Burma Unified through Rigorous Military Accountability 

6 Act of 2019’’ or the ‘‘BURMA Act of 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

TITLE I—MATTERS RELATING TO THE CONFLICT IN BURMA 

Sec. 101. Statement of policy. 

Sec. 102. Sense of Congress with respect to humanitarian assistance, freedom 

of movement, and rights of returnees. 

Sec. 103. Sense of Congress on freedoms of press and association. 

Sec. 104. Imposition of sanctions for the violation of human rights. 

TITLE II—ASSISTANCE AND SANCTIONS WITH RESPECT TO 

BURMA 

Sec. 201. Authorization to provide humanitarian assistance. 

Sec. 202. Limitation on security assistance and security cooperation. 

Sec. 203. Imposition of sanctions with respect to human rights abuses in 

Burma. 

TITLE III—GOVERNANCE OF THE BURMESE MINING AND 

GEMSTONE SECTORS 

Sec. 301. Sense of Congress on the mining sector of Burma. 

Sec. 302. Guidance relating to responsibility and transparency in the mining 

sector of Burma. 

TITLE IV—ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES AND 

STRATEGY FOR ECONOMIC GROWTH 

Sec. 401. Report on accountability for war crimes, crimes against humanity, 

and genocide in Burma. 

Sec. 402. Authorization to provide technical assistance for efforts against 

human rights abuses. 

Sec. 403. Strategy for promoting economic development in Burma. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

6 (A) the Committee on Foreign Affairs and 

7 the Committee on Armed Services of the House 

8 of Representatives; and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on Armed Services of the 

3 Senate. 

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) extermination; 

14 (E) enslavement; 

15 (F) rape, sexual slavery, or any other form 

16 of sexual violence of comparable severity; 

17 (G) persecution against any identifiable 

18 group or collectivity on political, racial, na19 tional, ethnic, cultural, religious, gender, or 

20 other grounds that are universally recognized as 

21 impermissible under international law; and 

22 (H) enforced disappearance of persons. 

23 (3) GENOCIDE.—The term ‘‘genocide’’ means 

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

25 United States Code. 


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1 (4) TRANSITIONAL JUSTICE.—The term ‘‘tran2 sitional justice’’ means the range of judicial, non3 judicial, formal, informal, retributive, and restorative 

4 measures employed by countries transitioning out of 

5 armed conflict or repressive regimes to redress leg6 acies of atrocities and to promote long-term, sustain7 able peace. 

8 (5) WAR CRIME.—The term ‘‘war crime’’ has 

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

10 title 18, United States Code. 

11 SEC. 3. FINDINGS. 

12 Congress finds the following: 

13 (1) On August 25, 2017, Burmese military and 

14 security forces violently and disproportionately re15 sponded to an attack on security outposts, resulting 

16 in a mass exodus of Rohingya from the Rakhine 

17 State of Burma into Bangladesh, which the Inter18 national Organization of Migration called ‘‘unprece19 dented in terms of volume and speed’’. 

20 (2) Between August 2017 and March 2019, in 

21 response to the violence perpetrated by the Burmese 

22 military and security forces, the United Nations esti23 mates more than 740,000 Rohingya, approximately 

24 75 percent of whom are women and children, have 

25 fled to Bangladesh, fearing loss of life, livelihoods, 


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1 and shelter. Rohingya have continued to flee Burma 

2 in significant numbers, including in 2019. According 

3 to the United Nations High Commissioner for Refu4 gees, more than 1,400 Rohingya have arrived in 

5 Bangladesh since January 1, 2019. 

6 (3) Even after the Burmese military scaled 

7 back attacks against Rohingya in late 2017, security 

8 forces continued to impose restrictions on the basic 

9 freedoms of Rohingya in Rakhine State, including on 

10 freedom of movement. In November 2017, Amnesty 

11 International determined that Rohingya remaining 

12 in Rakhine are ‘‘trapped in a vicious system of state13 sponsored, institutionalized discrimination that 

14 amounts to apartheid’’. 

15 (4) Despite the steps taken toward democracy 

16 in Burma, there exists limited control by the civilian 

17 government over civilian agencies as well as military 

18 and security forces that carried out the violence in 

19 Rakhine State. The military and security forces con20 tinue to engage in grave human rights abuses 

21 against ethnic minorities throughout in the country. 

22 (5) Both government- and military-initiated in23 vestigations into human rights abuses in Burma in24 volving violence between ethnic minorities and BurVerDate Sep 11 2014 20:43 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3190.IH H3190

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1 mese security forces have failed to yield credible re2 sults or hold perpetrators accountable. 

3 (6) In a public address on October 12, 2017, 

4 State Counsellor Aung San Suu Kyi laid out the fol5 lowing goals for the State of Rakhine: 

6 (A) Repatriation of those who have crossed 

7 over to Bangladesh. 

8 (B) Effective provision of humanitarian as9 sistance. 

10 (C) Resettlement of displaced populations. 

11 (D) Economic development and durable 

12 peace. 

13 (7) Due to restrictions enforced by the Rakhine 

14 State government and the national military and se15 curity forces, there has been little progress made 

16 since that time and limited ability for the inter17 national community to support, verify, or evaluate 

18 the Government of Burma’s efforts. There are also 

19 credible reports of Burmese military and security 

20 forces bulldozing numerous villages where violence 

21 occurred, thus destroying physical evidence, and in 

22 some cases, constructing new military installations 

23 on top of the bulldozed villages. 

24 (8) On November 22, 2017, former Secretary of 

25 State Rex Tillerson stated that ‘‘After a careful and 


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1 thorough analysis of available facts, it is clear that 

2 the situation in northern Rakhine state constitutes 

3 ethnic cleansing against the Rohingya. Those re4 sponsible for these atrocities must be held account5 able’’. He also said the violence ‘‘has a number of 

6 characteristics of certainly crimes against human7 ity’’. Despite repeated requests from Members of 

8 Congress, as well as the result of its own investiga9 tion (the executive summary of which was released 

10 on September 17, 2018), the Department has de11 clined to make a determination if the atrocities in 

12 Rakhine State constitute genocide or crimes against 

13 humanity. 

14 (9) On December 12, 2017, Wa Lone and 

15 Kyaw Soe Oo, two Reuters reporters covering the 

16 crisis in Rakhine State, were entrapped, arrested, 

17 and charged with violating the Official Secrets Act, 

18 continuing a trend of restricting media and free 

19 speech and attempting to thwart coverage of the 

20 events in Rakhine State. 

21 (10) Another barrier to the voluntary, safe, dig22 nified and sustainable return of the Rohingya to 

23 Rakhine State is the refusal of the Government of 

24 Burma to reinstate the full citizenship of the 

25 Rohingya, as well as the Government’s unwillingness 


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1 to consider the repeal of or amendments to the Citi2 zenship Act of 1982 that stripped the Rohingya of 

3 their full citizenship. 

4 (11) During 2018, the ongoing conflict in 

5 Burma escalated in Kachin and Shan States, re6 ignited in Karen (Kayin) State, and spread into 

7 Chin and Rakhine States. Along with the increase in 

8 fighting between Burma’s security forces and several 

9 ethnic armed organizations, there was a rise in alle10 gations of human rights abuses perpetrated by Bur11 mese security forces in these conflict areas. 

12 (12) In April 2018, thousands of civilians fled 

13 fighting between the military and ethnic armed 

14 groups in Kachin State, prompting peaceful dem15 onstrations. In December 2018, three prominent ac16 tivist in Kachin State, Lum Zawng, Nang Pu and 

17 Zau Jet were convicted and sentenced to six months 

18 imprisonment for defaming the military. 

19 (13) On June 6, 2018, the United Nations Ref20 ugee Agency and the United Nations Development 

21 Programme signed a tripartite Memorandum of Un22 derstanding with Burma. The Office of the United 

23 Nations High Commissioner for Refugees and var24 ious international human rights and international re25 lief agencies agreed that conditions in Rakhine State 


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1 are not sufficient for the voluntary, safe, dignified, 

2 and sustainable return of the Rohingya. 

3 (14) The United Nations Independent Inter4 national Fact-Finding Mission on Myanmar, the De5 partment of State, and more than a dozen human 

6 rights organizations have reported and documented 

7 a campaign of violence perpetrated by the security 

8 forces of Burma, which indiscriminately fired on and 

9 killed civilians, raped women and girls, and arrested 

10 Rohingya men without any cause or charges. Sat11 ellite images obtained by Amnesty International re12 veal that, out of the approximately 470 villages in 

13 northern Rakhine State, nearly 300 were partially or 

14 completely destroyed by fire since August 25, 2017, 

15 most of which were completely or partially populated 

16 by Rohingya Muslims. 

17 (15) In its report of September 17, 2018, the 

18 United Nations Independent International Fact19 Finding Mission on Myanmar determined that there 

20 was sufficient evidence of ‘‘genocidal intent’’ in the 

21 attacks against the Rohingya in Rakhine State, and 

22 probable ‘‘crimes against humanity’’ and ‘‘war 

23 crimes’’ in Burmese security forces assaults on eth24 nic minorities in Kachin and Shan States. The Mis25 sion recommended that the United Nations Security 


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1 Council ‘‘should ensure accountability for crimes 

2 under international law committed in Myanmar, 

3 preferably by referring the situation to the Inter4 national Criminal Court or alternatively by creating 

5 an ad hoc international criminal tribunal’’. The Mis6 sion also recommended the imposition of targeted 

7 economic sanctions, including an arms embargo on 

8 Burma. 

9 (16) On September 3, 2018, Wa Lone and 

10 Kyaw Soe Oo were convicted and sentenced to seven 

11 years in prison and released as an act of Presi12 dential amnesty on May 6, 2019, after over 500 

13 days in jail. Time Magazine included pictures the 

14 two reporters on the cover of its ‘‘Person of the 

15 Year’’ issue on December 10, 2018, as two of the 

16 ‘‘Guardians and the War on Truth’’. 

17 (17) According to the free-speech organization 

18 Athan, 44 journalists and 142 activists have faced 

19 trial since 2016 charged with colonial-era laws used 

20 to stifle dissent, while tightening restrictions on ac21 tivist groups. 

22 (18) On September 28, 2018, the United Na23 tions Human Rights Council passed a resolution 

24 that calls for an independent mechanism to collect 

25 and analyze evidence in regard to the serious interVerDate Sep 11 2014 05:04 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3190.IH H3190

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1 national crimes committed in Burma against 

2 Rohingya Muslims and other minorities since 2011. 

3 The resolution requests that the independent mecha4 nism ‘‘prepare files in order to facilitate and expe5 dite fair and independent criminal proceedings, in 

6 accordance with international law standards, in na7 tional, regional or international courts or tribunals 

8 that have or may in the future have jurisdiction over 

9 these crimes’’. 

10 (19) On November 15, 2018, the Government 

11 of Bangladesh and the Government of Burma aban12 doned plans to return more than 2,000 Rohingya to 

13 Rakhine State after it was determined that none 

14 were willing to voluntarily return given the current 

15 conditions in Rakhine State, as well as the Govern16 ment of Burma’s failure to ensure the returnees’ 

17 safety, dignity, or sustainability of their livelihoods. 

18 (20) A December 2018 report by the Public 

19 Law Interest & Policy group noted that ‘‘the de20 struction of their villages, crops, and virtually all in21 frastructure clearly points to a strategy of ensuring 

22 the Rohingya’s permanent removal. The mass 

23 killings and accompanying brutality, including 

24 against children, women, pregnant women, the elder25 ly, and those crossing the border to Bangladesh furVerDate Sep 11 2014 05:04 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3190.IH H3190

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1 ther suggest, however, that, at least in the minds of 

2 some perpetrators, the goal was not only to expel, 

3 but also to exterminate the Rohingya . . .’’ and that 

4 ‘‘there are reasonable grounds to believe that crimes 

5 against humanity, genocide, and war crimes have 

6 been committed against the Rohingya in Myanmar’s 

7 northern Rakhine State’’. 

8 (21) Despite substantial evidence of widespread 

9 and systematic atrocities committed by Burmese se10 curity forces in Rakhine State, State Counselor 

11 Aung San Suu Kyi and Burma’s Commander-in12 Chief Senior General Min Aung Hlaing continue to 

13 maintain that no such widespread and systematic 

14 atrocities occurred. 

15 (22) On December 13, 2018, the United States 

16 House of Representatives passed House Resolution 

17 1091 (115th Congress) which expressed the sense of 

18 the House that ‘‘the atrocities committed against the 

19 Rohingya by the Burmese military and security 

20 forces since August 2017 constitute crimes against 

21 humanity and genocide’’ and called upon the Sec22 retary of State to review the available evidence and 

23 make a similar determination. 

24 (23) On December 19, 2018, the United Na25 tions Humanitarian Coordinator requested 


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1 $202,000,000 for the 2019 Humanitarian Response 

2 Plan for Burma. 

3 (24) The 2019 Joint Response Plan for the 

4 Rohingya Humanitarian Crisis asks the inter5 national community to provide $20,500,000 in as6 sistance to meet needs in Bangladesh. 

7 (25) On May 14, 2019, the United Nations 

8 Fact-Finding Mission on Myanmar urged all coun9 tries to cut off economic ties to Burma’s military10 owned businesses, stating ‘‘. . . due to the gravity 

11 of past and continuing violations, attention must be 

12 given to the political, economic and financial ties of 

13 the Myanmar military . . . so we can cut off the 

14 money supply as a means of increasing pressure and 

15 reducing the violence.’’. 

16 TITLE I—MATTERS RELATING 

17 TO THE CONFLICT IN BURMA 

18 SEC. 101. STATEMENT OF POLICY. 

19 It is the policy of the United States as follows: 

20 (1) To support a complete transition to democ21 racy and genuine national reconciliation in Burma, 

22 including accountability for the atrocities committed 

23 by the Burmese military against the Rohingya popu24 lation and other ethnic minorities throughout the 

25 country. 


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1 (2) To pursue a United States strategy of cali2 brated engagement, which is essential to support the 

3 establishment of a peaceful, prosperous, and demo4 cratic Burma that includes respect for the human 

5 rights of all its people regardless of ethnicity and re6 ligion. 

7 (3) To ensure that the guiding principles of 

8 such a strategy include— 

9 (A) supporting legal reforms, removing re10 maining restrictions on civil and political rights, 

11 and ensuring civilian governance, including re12 forms to the current constitutional provision re13 serving 25 percent of parliamentary seats for 

14 appointments by the military, which provides 

15 the military with veto power over constitutional 

16 amendments; 

17 (B) establishing a fully democratic, plural18 istic, and representative political system that in19 cludes free, fair, and democratic elections in 

20 which all people of Burma can vote; 

21 (C) promoting national reconciliation and 

22 the conclusion of a nationwide cease-fire agree23 ment, including the development of a political 

24 system that is inclusive of ethnic Rohingya, 

25 Shan, Kachin, Chin, Karen, and other ethnic 


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1 groups, measures to address natural resource 

2 governance, revenue-sharing, land rights, and 

3 constitutional change enabling inclusive peace; 

4 (D) ensuring accountability through inde5 pendent international investigations of genocide, 

6 war crimes, and crimes against humanity, in7 cluding sexual and gender-based violence, per8 petrated against the Rohingya and other ethnic 

9 minorities by the military and security forces of 

10 Burma, violent extremist groups and other com11 batants involved in the conflict; 

12 (E) strengthening Burma’s civilian govern13 mental institutions, including support for great14 er transparency and accountability; 

15 (F) encouraging the establishment of pro16 fessional military, security, and police forces 

17 that operate under civilian control and are held 

18 accountable for human rights abuses, corrup19 tion, or other abuses of power; 

20 (G) combating corruption and illegal eco21 nomic activity, including that which involves the 

22 military and its close allies; 

23 (H) empowering local communities, civil 

24 society, and independent media; 


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1 (I) encouraging the provision of full citi2 zenship for the Rohingya population in Burma, 

3 as well as durable solutions for those displaced 

4 in Bangladesh; 

5 (J) promoting responsible international 

6 and regional engagement; 

7 (K) strengthening respect for and protec8 tion of human rights and religious freedom; and 

9 (L) promoting broad-based, inclusive eco10 nomic development and fostering healthy and 

11 resilient communities. 

12 SEC. 102. SENSE OF CONGRESS WITH RESPECT TO HUMANI13 TARIAN ASSISTANCE, FREEDOM OF MOVE14 MENT, AND RIGHTS OF RETURNEES. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) significant and sustained international fund18 ing, from both public and private sources, is nec19 essary to address the medium- and long-term im20 pacts of the crisis in Burma and the impact of the 

21 crisis on Bangladesh; and 

22 (2) the United States should make resolving the 

23 Rohingya crisis one of its top priorities in its en24 gagement with regional institutions, such as the As25 sociation of Southeast Asian Nations. 


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1 (b) RESTORATION OF HUMANITARIAN ACCESS AND

2 ACCOUNTABILITY IN RAKHINE STATE.—Congress calls on 

3 the Government of Burma, including the Burmese military 

4 and security forces, to ensure full humanitarian access to 

5 the State of Rakhine and to cooperate with the ongoing 

6 international mechanism set up by the United Nations 

7 Human Rights Council in September 2018 and funded by 

8 the United Nations General Assembly to gather evidence 

9 and other information pertaining to allegations of crimes 

10 against humanity and genocide committed in Burma. 

11 (c) RIGHTS OF REFUGEES, INTERNALLY DISPLACED

12 PERSONS, AND RETURNEES.— 

13 (1) BURMA.—Congress calls on the Government 

14 of Burma to— 

15 (A) ensure that Rohinyga in Burma have 

16 freedom of movement; 

17 (B) create conditions for return of those 

18 displaced from their homes and implement the 

19 recommendations of the Advisory Commission 

20 on Rakhine State, which includes full and equal 

21 citizenship; 

22 (C) work closely with the international 

23 community, including the United Nations High 

24 Commissioner for Refugees, to ensure the dig25 nified, safe, sustainable and voluntary return of 


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1 all those displaced from their homes, especially 

2 from Rakhine State, without an unduly high 

3 burden of proof; and 

4 (D) offer compensation or restitution to 

5 those refugees who do not want to return to 

6 their homes. 

7 (2) BANGLADESH.—Congress calls on the Gov8 ernment of Bangladesh to— 

9 (A) ensure that the rights of refugees are 

10 protected, including through allowing them to 

11 build more permanent shelters, and ensuring 

12 equal access to healthcare, basic services, edu13 cation and work; 

14 (B) work closely with the international 

15 community, including the United Nations High 

16 Commissioner for Refugees, to ensure that any 

17 repatriation or resettlement of refugees be dig18 nified, safe, sustainable and voluntary; and 

19 (C) ensure that any relocation or local in20 tegration of refugees in Bangladesh be con21 sistent with international humanitarian prin22 ciples, including freedom of movement, and im23 plemented only through voluntary, fully in24 formed consent. 


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1 SEC. 103. SENSE OF CONGRESS ON FREEDOMS OF PRESS 

2 AND ASSOCIATION. 

3 It is the sense of Congress that, in order to promote 

4 the freedom of the press and speech, the Government of 

5 Burma should undertake serious legal reforms including 

6 reform of the Official Secrets Act, 1923, the Unlawful As7 sociation Act, 1908, and the Penal Code. 

8 SEC. 104. IMPOSITION OF SANCTIONS FOR THE VIOLATION 

9 OF HUMAN RIGHTS. 

10 The President shall impose sanctions— 

11 (1) against officials in Burma, including Com12 mander in Chief of the Armed Forces of Myanmar 

13 Min Aung Hlaing, under the Global Magnitsky 

14 Human Rights Accountability Act (22 U.S.C. 2656 

15 note); and 

16 (2) against military-owned enterprises, includ17 ing the Myanmar Economic Corporation and Union 

18 of Myanmar Economic Holding, under the Burmese 

19 Freedom and Democracy Act (50 U.S.C. 1701 note), 

20 the Tom Lantos Block Burmese JADE (Junta’s 

21 Anti-Democratic Efforts) Act of 2008 (50 U.S.C. 

22 1701 note), and other relevant statutory authorities. 


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1 TITLE II—ASSISTANCE AND 

2 SANCTIONS WITH RESPECT 

3 TO BURMA 

4 SEC. 201. AUTHORIZATION TO PROVIDE HUMANITARIAN AS5 SISTANCE. 

6 There is authorized to be appropriated $220,500,000 

7 for fiscal year 2020 to provide humanitarian assistance 

8 for Burma, Bangladesh, and the surrounding region, in9 cluding for the following purposes: 

10 (1) Assisting the victims of the Burmese mili11 tary’s crimes against humanity targeting Rohingya 

12 and other ethnic minorities in Rakhine, Kachin, and 

13 Shan States, including those displaced in Burma, 

14 Bangladesh, Thailand, and the surrounding region. 

15 (2) Supporting voluntary resettlement or repa16 triation of such displaced persons in Burma, upon 

17 the conclusion of genuine agreements developed and 

18 negotiated with the involvement and consultation of 

19 such displaced persons. 

20 (3) Assistance to promote ethnic and religious 

21 tolerance, combat gender-based violence, and support 

22 victims of violence and destruction in Rakhine, 

23 Kachin, and Shan States. 

24 (4) Supporting programs to investigate and 

25 document allegations of war crimes, crimes against 


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1 humanity, and genocide committed in Burma, in2 cluding gender-based violence. 

3 (5) Supporting access to education for children 

4 currently living in refugee camps in the surrounding 

5 region, and access to higher education in Ban6 gladesh. 

7 (6) Assisting minority ethnic groups and civil 

8 society in Burma to help sustain cease-fire agree9 ments and further prospects for reconciliation and 

10 sustainable peace. 

11 (7) Promoting ethnic minority inclusion and 

12 participation in Burma’s political processes. 

13 SEC. 202. LIMITATION ON SECURITY ASSISTANCE AND SE14 CURITY COOPERATION. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), for the period beginning on the date of the enactment 

17 of this Act and ending on the date described in subsection 

18 (c), the United States may not provide any security assist19 ance or engage in any security cooperation with any of 

20 the military or security forces of Burma. 

21 (b) EXCEPTIONS; WAIVER.— 

22 (1) EXCEPTIONS.— 

23 (A) CERTAIN EXISTING AUTHORITIES.— 

24 Notwithstanding subsection (a), the Secretary 

25 of Defense shall retain the authority granted by 


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1 section 1253 of the Carl Levin and Howard P. 

2 ‘‘Buck’’ McKeon National Defense Authoriza3 tion Act for Fiscal Year 2015 (22 U.S.C. 2151 

4 note). The limitation in subsection (a) of this 

5 section may not be construed to limit the au6 thority to provide the Government of Burma 

7 with assistance necessary to make available the 

8 activities described in subsection (a) of such 

9 section 1253. 

10 (B) HOSPITALITY.—Notwithstanding sub11 section (a), the Secretary of State and the 

12 United States Agency for International Devel13 opment may provide assistance authorized 

14 under part I of the Foreign Assistance Act of 

15 1961 (22 U.S.C. 2151 et seq.) to provide hospi16 tality during research, dialogues, meetings, or 

17 other activities by the parties attending the 

18 Union Peace Conference 21st Century 

19 Panglong or related processes seeking inclusive, 

20 sustainable reconciliation. 

21 (2) WAIVER.—The Secretary of State, with re22 spect to security assistance, and the Secretary of 

23 State in consultation with the Secretary of Defense, 

24 with respect to security cooperation programs and 

25 activities of the Department of Defense, may waive 


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1 on a case-by-case basis the limitation under sub2 section (a) if the Secretary submits to the appro3 priate congressional committees, not later than 30 

4 days before such waiver enters into effect— 

5 (A) a list of the activities and participants 

6 to which such waiver would apply; 

7 (B) a certification, including a justifica8 tion, that the waiver is in the national security 

9 interest of the United States; and 

10 (C) a certification that none of the partici11 pants included in the list described in subpara12 graph (A) have committed any of the acts de13 scribed in subparagraph (A) or (B) of section 

14 203(a)(1) or committed any other gross viola15 tion of human rights, as such term is defined 

16 for purposes of section 362 of title 10, United 

17 States Code. 

18 (c) CERTIFICATION OF SIGNIFICANT PROGRESS.— 

19 The date described in this subsection is the earlier of the 

20 date that is 8 years after the date of the enactment of 

21 this Act or the date on which the Secretary of State cer22 tifies to the appropriate congressional committees the fol23 lowing: 

24 (1) The military and security forces of 

25 Burma— 


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1 (A) have demonstrated significant progress 

2 in abiding by international human rights stand3 ards and are undertaking meaningful security 

4 sector reform, including reforms that enhance 

5 transparency and accountability, to prevent fu6 ture abuses; 

7 (B) adhere to international humanitarian 

8 law; 

9 (C) pledge to stop future human rights 

10 abuses; 

11 (D) support efforts to carry out com12 prehensive independent investigations of alleged 

13 abuses; 

14 (E) are taking steps to hold accountable 

15 any members of such forces determined to be 

16 responsible for human rights abuses; and 

17 (F) cease their attacks against ethnic mi18 nority groups and participate in the conclusion 

19 of a nationwide cease-fire agreement, political 

20 accommodation, and constitutional change, in21 cluding the provision of citizenship to the 

22 Rohingya. 

23 (2) The Government of Burma, including the 

24 military and security forces— 


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1 (A) allows full humanitarian access to 

2 communities in areas affected by conflict, in3 cluding Rohingya communities in Rakhine 

4 State; 

5 (B) cooperates with the United Nations 

6 High Commissioner for Refugees and organiza7 tions affiliated with the United Nations to en8 sure the protection of displaced persons and the 

9 safe, voluntary, sustainable, and dignified re10 turn of refugees and internally displaced per11 sons; 

12 (C) defines a transparent plan that in13 cludes— 

14 (i) a timeline for professionalizing the 

15 military and security forces; and 

16 (ii) a process by which the military 

17 withdraws from ownership or control of 

18 private-sector business enterprises and 

19 ceases involvement in the illegal trade in 

20 natural resources and narcotics; and 

21 (D) establishes civilian control over the fi22 nances and assets of its military and security 

23 forces, including that military expenditures are 

24 subject to civilian oversight. 

25 (d) REPORT.— 


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

2 after the date of the enactment of this Act, and an3 nually thereafter, the Secretary of Defense and the 

4 Secretary of State shall submit to the appropriate 

5 congressional committees a report on the strategy 

6 and plans for military-to-military engagement be7 tween the United States Armed Forces and the mili8 tary and security forces of Burma. 

9 (2) ELEMENTS REQUIRED.—The report re10 quired under paragraph (1) shall include the fol11 lowing: 

12 (A) A description and assessment of the 

13 Government of Burma’s strategy for security 

14 sector reform, including any plans to withdraw 

15 the military from owning or controlling private16 sector business entities and end involvement in 

17 the illegal trade in jade and other natural re18 sources, reforms to end corruption and illicit 

19 drug trafficking, and constitutional reforms to 

20 ensure civilian control. 

21 (B) A list of ongoing military activities 

22 conducted by the United States Government 

23 with the Government of Burma, and a descrip24 tion of the United States strategy for future 

25 military-to-military engagements between the 


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1 United States and Burma’s military and secu2 rity forces. 

3 (C) An assessment of the progress of the 

4 military and security forces of Burma towards 

5 developing a framework to implement human 

6 right reforms, including— 

7 (i) cooperation with civilian authori8 ties and independent international inves9 tigations to investigate and prosecute cases 

10 of human rights abuses; 

11 (ii) steps taken to demonstrate respect 

12 for and implementation of the laws of war; 

13 and 

14 (iii) a description of the elements of 

15 the military-to-military engagement be16 tween the United States and Burma that 

17 promote such implementation. 

18 (D) An assessment of progress on the 

19 peaceful settlement of armed conflicts between 

20 the Government of Burma and ethnic minority 

21 groups, including actions taken by the military 

22 of Burma to adhere to cease-fire agreements, 

23 allow for safe, voluntary, sustainable, and dig24 nified returns of displaced persons to their 

25 homes, and withdraw forces from conflict zones. 


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1 (E) An assessment of the manner and ex2 tent to which the Burmese military recruits and 

3 uses children as soldiers. 

4 (F) An assessment of the Burmese’s mili5 tary’s use of violence against women, sexual vio6 lence, or other gender-based violence as a tool 

7 of terror, war, or ethnic cleansing. 

8 (e) FORM.— 

9 (1) IN GENERAL.—The certification described 

10 in subsection (c) and the report required by sub11 section (d) shall be submitted in unclassified form 

12 but may include a classified annex. 

13 (2) CERTIFICATION.—The certification de14 scribed in subsection (c) shall be accompanied by a 

15 written justification in unclassified form, that may 

16 contain a classified annex, describing the Burmese 

17 military’s efforts to implement reforms, end impu18 nity for human rights abuses, and increase trans19 parency and accountability. 

20 SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO 

21 HUMAN RIGHTS ABUSES IN BURMA. 

22 (a) IN GENERAL.—For the 8-year period beginning 

23 on the date that is 270 days after the date of the enact24 ment of this Act, the President shall impose the sanctions 

25 described in subsection (b) with respect to each foreign 


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1 person that the President determines, based on credible 

2 evidence— 

3 (1) is a current or former senior official of the 

4 military or security forces of Burma who— 

5 (A) knowingly perpetrated, ordered, or oth6 erwise directed serious human rights abuses in 

7 Burma; or 

8 (B) has taken significant steps to impede 

9 investigations or prosecutions of alleged serious 

10 human rights abuses, including against the 

11 Rohingya community in Rakhine State; 

12 (2) is an entity owned or controlled by any per13 son described in paragraph (1); 

14 (3) is an entity, such as the Myanmar Eco15 nomic Cooperation or the Myanmar Economic Hold16 ing Corporation, that is owned or controlled, directly 

17 or indirectly, by the military or security forces of 

18 Burma, including through collective or cooperative 

19 structures, from which one or more persons de20 scribed in paragraph (1) derive significant revenue 

21 or financial benefit; or 

22 (4) has knowingly— 

23 (A) provided significant financial, material, 

24 or technological support— 


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1 (i) to a foreign person described in 

2 paragraph (1) in furtherance of any of the 

3 acts described in subparagraph (A) or (B) 

4 of such paragraph; or 

5 (ii) to any entity owned or controlled 

6 by such person or an immediate family 

7 member of such person; or 

8 (B) received significant financial, material, 

9 or technological support from a foreign person 

10 described in paragraph (1) or an entity owned 

11 or controlled by such person or an immediate 

12 family member of such person. 

13 (b) SANCTIONS DESCRIBED; EXCEPTIONS.— 

14 (1) SANCTIONS.—The sanctions described in 

15 this subsection are the following: 

16 (A) ASSET BLOCKING.—Notwithstanding 

17 the requirements of section 202 of the Inter18 national Emergency Economic Powers Act (50 

19 U.S.C. 1701), the exercise of all powers granted 

20 to the President by such Act to the extent nec21 essary to block and prohibit all transactions in 

22 all property and interests in property of a for23 eign person the President determines meets one 

24 or more of the criteria described in subsection 

25 (a) if such property and interests in property 


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1 are in the United States, come within the 

2 United States, or are or come within the pos3 session or control of a United States person. 

4 (B) ALIENS INADMISSIBLE FOR VISAS, AD5 MISSION, OR PAROLE.— 

6 (i) VISAS, ADMISSION, OR PAROLE.— 

7 An alien who the Secretary of State or the 

8 Secretary of Homeland Security (or a des9 ignee of one of such Secretaries) knows, or 

10 has reason to believe, meets any of the cri11 teria described in subsection (a) is— 

12 (I) inadmissible to the United 

13 States; 

14 (II) ineligible to receive a visa or 

15 other documentation to enter the 

16 United States; and 

17 (III) otherwise ineligible to be 

18 admitted or paroled into the United 

19 States or to receive any other benefit 

20 under the Immigration and Nation21 ality Act (8 U.S.C. 1101 et seq.). 

22 (ii) CURRENT VISAS REVOKED.— 

23 (I) IN GENERAL.—The issuing 

24 consular officer or the Secretary of 

25 State (or a designee of the Secretary 


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1 of State) shall, in accordance with 

2 section 221(i) of the Immigration and 

3 Nationality Act (8 U.S.C. 1201(i)), 

4 revoke any visa or other entry docu5 mentation issued to an alien described 

6 in clause (i) regardless of when the 

7 visa or other entry documentation is 

8 issued. 

9 (II) EFFECT OF REVOCATION.— 

10 A revocation under subclause (I) shall 

11 take effect immediately and shall 

12 automatically cancel any other valid 

13 visa or entry documentation that is in 

14 the alien’s possession. 

15 (2) EXCEPTION TO COMPLY WITH UNITED NA16 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

17 under paragraph (1)(B) shall not apply with respect 

18 to an alien if admitting or paroling the alien into the 

19 United States is necessary to permit the United 

20 States to comply with the Agreement regarding the 

21 Headquarters of the United Nations, signed at Lake 

22 Success June 26, 1947, and entered into force No23 vember 21, 1947, between the United Nations and 

24 the United States, or other applicable international 

25 obligations. 


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1 (c) PENALTIES.—Any person that violates, attempts 

2 to violate, conspires to violate, or causes a violation of this 

3 section or any regulation, license, or order issued to carry 

4 out subsection (b) shall be subject to the penalties set 

5 forth in subsections (b) and (c) of section 206 of the Inter6 national Emergency Economic Powers Act (50 U.S.C. 

7 1705) to the same extent as a person that commits an 

8 unlawful act described in subsection (a) of that section. 

9 (d) IMPLEMENTATION.—The President may exercise 

10 all authorities provided under sections 203 and 205 of the 

11 International Emergency Economic Powers Act (50 

12 U.S.C. 1702 and 1704) to carry out this section and shall 

13 issue such regulations, licenses, and orders as are nec14 essary to carry out this section. 

15 (e) EXCEPTION RELATING TO THE IMPORTATION OF

16 GOODS.— 

17 (1) IN GENERAL.—The authorities and require18 ments to impose sanctions authorized under this Act 

19 shall not include the authority or requirement to im20 pose sanctions on the importation of goods. 

21 (2) GOOD DEFINED.—In this subsection, the 

22 term ‘‘good’’ means any article, natural or man23 made substance, material, supply or manufactured 

24 product, including inspection and test equipment, 

25 and excluding technical data. 


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1 (f) WAIVER.—The President may annually waive the 

2 application of sanctions imposed on a foreign person pur3 suant to subsection (a) if the President— 

4 (1) determines that a waiver with respect to 

5 such foreign person is in the national interest of the 

6 United States; and 

7 (2) not later than the date on which such waiv8 er will take effect, submits to the following commit9 tees notice of and justification for such waiver: 

10 (A) The Committee on Foreign Affairs, the 

11 Committee on Appropriations, and the Com12 mittee on Financial Services of the House of 

13 Representatives. 

14 (B) The Committee on Foreign Relations, 

15 the Committee on Appropriations, and the 

16 Committee on Banking, Housing, and Urban 

17 Affairs of the Senate. 

18 (g) DEFINITIONS.—In this section— 

19 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

20 and ‘‘alien’’ have the meanings given those terms in 

21 section 101 of the Immigration and Nationality Act 

22 (8 U.S.C. 1001). 

23 (2) FOREIGN PERSON.—The term ‘‘foreign per24 son’’ means a person that is not a United States 

25 person. 


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1 (3) KNOWINGLY.—The term ‘‘knowingly’’ 

2 means, with respect to conduct, a circumstance, or 

3 a result, means that a person has actual knowledge, 

4 or should have known, of the conduct, the cir5 cumstance, or the result. 

6 (4) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ means— 

8 (A) a United States citizen, an alien law9 fully admitted for permanent residence to the 

10 United States, or any other individual subject 

11 to the jurisdiction of the United States; or 

12 (B) an entity organized under the laws of 

13 the United States or of any jurisdiction within 

14 the United States, including a foreign branch of 

15 such entity. 

16 TITLE III—GOVERNANCE OF THE 

17 BURMESE MINING AND GEM18 STONE SECTORS 

19 SEC. 301. SENSE OF CONGRESS ON THE MINING SECTOR OF 

20 BURMA. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) In 2015, the nongovernmental organization 

23 Global Witness estimated that the value of total pro24 duction of jade in Burma in 2014 was 

25 $31,000,000,000, almost 48 percent of the official 


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1 gross domestic product of Burma. As much as 80 

2 percent of that jade sold is smuggled out of Burma. 

3 (2) Burma’s military and associated entities, in4 cluding companies owned or controlled by Myanmar 

5 Economic Corporation and Myanmar Economic 

6 Holding Limited, their affiliated companies, and 

7 companies owned or controlled by current and 

8 former senior military officers or their family mem9 bers, are linked to the mining sector, including the 

10 gemstone industry, and benefit financially from 

11 widespread illegal smuggling of jade and rubies from 

12 Burma. 

13 (3) Illegal trafficking in precious and 

14 semiprecious stones from Burma, including the trade 

15 in high-value jade and rubies, deprives the people of 

16 Burma and the civilian government of critical rev17 enue and instead benefits military-linked entities, 

18 non-state armed groups, and transnational organized 

19 criminal networks. 

20 (4) In 2016, the Government of Burma began 

21 to take steps to reform aspects of the mining sector, 

22 including— 

23 (A) improving governance in the gemstone 

24 industry, by temporarily suspending the 


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1 issuance or renewal of jade and gemstone min2 ing permits; 

3 (B) commissioning an environmental man4 agement plan for some mining areas; and 

5 (C) establishing the multi-stakeholder Jade 

6 and Gemstone Support Committee under the 

7 Ministry of Natural Resources and Environ8 mental Conservation to develop recommenda9 tions for a new industry-wide policy and limited 

10 gemstone payment disclosures under the 

11 Myanmar Extractives Industry Transparency 

12 Initiative. 

13 (5) In January 2019, the Government of 

14 Burma adopted a new Gemstone Law that does not 

15 adequately address corruption and tax avoidance, 

16 conflicts of interest, or the factors fueling conflict in 

17 Kachin State and other gemstone mining areas. 

18 (6) The lifting in October 2016 of United 

19 States sanctions on the importation of jade and 

20 jadeite and rubies from Burma allowed such 

21 gemstones to legally enter the United States market, 

22 but some retailers have refrained from sourcing 

23 gemstones of Burmese origin due to governance and 

24 reputational concerns. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) notwithstanding Burma’s ‘‘Trafficking in 

4 Persons’’ ranking, the President should continue to 

5 provide assistance to Burma, pursuant to the waiver 

6 authority under section 110(d)(4) of the Trafficking 

7 Victims Protection Act of 2000 (22 U.S.C. 

8 7107(d)(4)), in order to re-engage with the Govern9 ment of Burma with respect to the mining sector 

10 and should make available technical, capacity-build11 ing and other assistance through the Department of 

12 State or the United States Agency for International 

13 Development to support the Government of Burma 

14 in efforts to reform the gemstone industry; and 

15 (2) companies that seek to import to the United 

16 States gemstones or minerals that may be of Bur17 mese origin or articles of jewelry containing such 

18 gemstones should— 

19 (A) obtain such materials exclusively from 

20 entities that satisfy the transparency criteria 

21 described in section section 302(b)(2) or from 

22 third parties that can demonstrate that they 

23 sourced the materials from entities that meet 

24 such criteria; and 


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1 (B) undertake robust due diligence proce2 dures in line with the ‘‘Due Diligence Guidance 

3 for Responsible Business Conduct’’ and ‘‘Due 

4 Diligence Guidance for Responsible Supply 

5 Chains of Minerals from Conflict-Affected and 

6 High-Risk Areas’’ promulgated by the Organi7 zation for Economic Cooperation and Develop8 ment. 

9 SEC. 302. GUIDANCE RELATING TO RESPONSIBILITY AND 

10 TRANSPARENCY IN THE MINING SECTOR OF 

11 BURMA. 

12 (a) LIST OF PARTICIPATING WHITE-LIST ENTI13 TIES.—Not later than 120 days after the date of the en14 actment of this Act, and annually thereafter until the date 

15 described in subsection (e), the Secretary of State shall 

16 submit to the appropriate congressional committees, and 

17 publish on a publicly available website, a list of each entity 

18 described in subsection (b)(1) that— 

19 (1) participates in Burma’s mining sector; 

20 (2) publicly discloses beneficial ownership, as 

21 such term is defined for purposes of the Myanmar 

22 Extractive Industry Transparency Initiative 

23 (‘‘Myanmar EITI’’); 

24 (3) is not owned or controlled, either directly or 

25 indirectly, by the Burmese military or security 


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1 forces, any current or former senior Burmese mili2 tary officer, or any person sanctioned by the United 

3 States pursuant to any relevant sanctions authority; 

4 and 

5 (4) is making significant progress toward meet6 ing the criteria described in subsection (b)(2). 

7 (b) ENTITIES AND CRITERIA DESCRIBED.— 

8 (1) ENTITIES DESCRIBED.—The entities de9 scribed in this subsection are the following: 

10 (A) Entities that produce or process pre11 cious and semiprecious gemstones. 

12 (B) Entities that sell or export precious 

13 and semiprecious gemstones from Burma or ar14 ticles of jewelry containing such gemstones. 

15 (2) CRITERIA DESCRIBED.—The criteria de16 scribed in this subsection are the following: 

17 (A) The entity publicly discloses any politi18 cally exposed persons, officers, directors or ben19 eficial owners, as defined under the Myanmar 

20 EITI. 

21 (B) The entity publicly discloses valid au22 thorization, license, or permit to produce, proc23 ess, sell, or export minerals or gemstones, as 

24 applicable. 


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1 (C) The entity publicly discloses payments 

2 to the Government of Burma, including tax and 

3 non-tax, license, or royalty payments, and other 

4 payments or contract terms as may be required 

5 under Myanmar EITI standards. 

6 (D) The entity undertakes due diligence, in 

7 line with the OECD Due Diligence Guidance 

8 for Responsible Supply Chains of Minerals from 

9 Conflict-Affected and High-Risk Areas, includ10 ing public reporting. 

11 (c) PERIODIC UPDATING.—The Secretary shall peri12 odically update the publicly available version of the list de13 scribed in subsection (a) as appropriate. 

14 (d) GUIDANCE AND WHITE-LIST ENTITIES.—The 

15 Secretary shall issue guidance for entities in the United 

16 States private sector with respect to the best practices for 

17 supply-chain due diligence that are applicable to importa18 tion of gemstones or minerals that may be of Burmese 

19 origin or articles of jewelry containing such gemstones, in20 cluding with respect to transactions with entities approved 

21 for inclusion in the list published pursuant subsection (a), 

22 in order to mitigate potential risks and legal liabilities as23 sociated with the importation of such items. 

24 (e) TERMINATION.—The date described in this sec25 tion is the date on which the President certifies to the 


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1 appropriate congressional committees that the Govern2 ment of Burma has taken substantial measures to reform 

3 the mining sector in Burma, including the following: 

4 (1) Require the mandatory disclosure of pay5 ments, permit and license allocations, project reve6 nues, contracts, and beneficial ownership, including 

7 the identification any politically exposed persons who 

8 are beneficial owners, consistent with the approach 

9 agreed under the Myanmar EITI and with due re10 gard for civil society participation. 

11 (2) Separate the commercial, regulatory, and 

12 revenue collection responsibilities within the 

13 Myanmar Gems Enterprise and other key state14 owned enterprises to remove existing conflicts of in15 terest. 

16 (3) Monitor and undertake enforcement actions, 

17 as warranted, to ensure that entities— 

18 (A) adhere to environmental and social im19 pact assessment and management standards in 

20 accordance with international responsible min21 ing practices, the country’s environmental con22 servation law, and other applicable laws and 

23 regulations; and 

24 (B) uphold occupational health and safety 

25 standards and codes of conduct that are aligned 


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1 with the core labor standards of the Inter2 national Labour Organisation and with domes3 tic law. 

4 (4) Address the transparent and fair distribu5 tion of benefits from natural resources, including 

6 through local benefit-sharing. 

7 (5) Reform the process for valuation of 

8 gemstones at the mine-site, including developing an 

9 independent valuation system to prevent undervalu10 ation and tax evasion. 

11 (6) Require companies bidding for jade and 

12 ruby mining, finishing, or export permits to be inde13 pendently audited upon the request of the Govern14 ment of Burma and making the results of all such 

15 audits public. 

16 (7) Establish credible and transparent proce17 dures for permit allocations that are independent 

18 from external influence, including scrutiny of appli19 cants that prevents unscrupulous entities from gain20 ing access to concessions or the right to trade in 

21 minerals or gemstones. 

22 (8) Establish effective oversight of state-owned 

23 enterprises operating in such sector, including 

24 through parliamentary oversight or requirements for 

25 independent financial auditing. 


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1 TITLE IV—ACCOUNTABILITY 

2 FOR HUMAN RIGHTS ABUSES 

3 AND STRATEGY FOR ECO4 NOMIC GROWTH 

5 SEC. 401. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, 

6 CRIMES AGAINST HUMANITY, AND GENOCIDE 

7 IN BURMA. 

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

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

10 shall submit to the appropriate congressional committees 

11 a report that— 

12 (1) summarizes credible reports of serious 

13 human rights violations, including war crimes, com14 mitted against the Rohingya or other ethnic minori15 ties in Burma between 2012 and the date of the 

16 submission of the report; 

17 (2) describes any potential transitional justice 

18 mechanisms in Burma; 

19 (3) provides an analysis of whether the serious 

20 human rights violations summarized pursuant to 

21 paragraph (1) amount to war crimes, crimes against 

22 humanity, or genocide; and 

23 (4) includes a determination of the Secretary 

24 whether— 


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1 (A) the events that took place in the state 

2 of Rakhine in Burma, starting on August 25, 

3 2017, constitute war crimes, crimes against hu4 manity, or genocide; or 

5 (B) the situation faced by the Rohingya in 

6 Rakhine State, between 2012 and the date of 

7 the submission of the report, amounts to or has 

8 amounted to the crime of apartheid. 

9 (b) ELEMENTS.—The report required by subsection 

10 (a) shall also include each of the following: 

11 (1) A description of— 

12 (A) each incident for which there is cred13 ible evidence that the incident may constitute 

14 war crimes, crimes against humanity, or geno15 cide committed by the Burmese military or se16 curity forces against the Rohingya and other 

17 ethnic minorities, including the identities of any 

18 other actors involved in such incident; 

19 (B) the role of the civilian government in 

20 the commission of any such incidents; 

21 (C) each incident for which there is cred22 ible evidence that the incident may constitute 

23 war crime, crimes against humanity, or geno24 cide committed by violent extremist groups in 

25 Burma; 


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1 (D) each attack on health workers, health 

2 facilities, health transport, or patients and, to 

3 the extent possible, the identities of any individ4 uals who engaged in or organized such incidents 

5 in Burma; and 

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

7 the conventional and unconventional weapons 

8 used for any such crimes and the sources of 

9 such weapons. 

10 (2) A description and assessment, in consulta11 tion with the Administrator of the United States 

12 Agency for International Development, the Attorney 

13 General, and other heads of any other appropriate 

14 Federal departments or agencies, of the effectiveness 

15 of any programs that the United States has already 

16 undertaken to ensure accountability for war crimes, 

17 crimes against humanity, and genocide perpetrated 

18 against the Rohingya by the military and security 

19 forces of Burma, the Rakhine State government, 

20 pro-government militias, and all other armed groups 

21 operating fighting in Rakhine, including programs 

22 to— 

23 (A) train civilian investigators within and 

24 outside of Burma and Bangladesh on how to 

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1 tify, and locate alleged perpetrators of war 

2 crimes, crimes against humanity, or genocide in 

3 Burma; 

4 (B) promote and prepare for a transitional 

5 justice process or processes for the perpetrators 

6 of war crimes, crimes against humanity, and 

7 genocide occurring in the State of Rakhine in 

8 2017; and 

9 (C) document, collect, preserve, and pro10 tect evidence of war crimes, crimes against hu11 manity, and genocide in Burma, including by 

12 providing support for Burmese, Bangladeshi, 

13 foreign, and international nongovernmental or14 ganizations, the United Nations Human Rights 

15 Council’s investigative team, and other entities 

16 engaged in such investigative activities. 

17 (3) A detailed study of the feasibility and desir18 ability of potential transitional justice mechanisms 

19 for Burma, such as an international tribunal, a hy20 brid tribunal, or other international options, that in21 cludes— 

22 (A) a discussion of the use of universal ju23 risdiction or of legal cases brought against the 

24 country of Burma by other sovereign countries 

25 at the International Court of Justice to address 


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1 war crimes, crimes against humanity, and geno2 cide perpetrated in Burma; 

3 (B) recommendations on which transitional 

4 justice mechanisms the United States should 

5 support, why such mechanisms should be sup6 ported, and what type of support should be of7 fered; and 

8 (C) close consultation regarding transi9 tional justice mechanisms with Rohingya rep10 resentatives and those of other ethnic minorities 

11 who have suffered grave human rights abuses. 

12 (c) PROTECTION OF WITNESSES AND EVIDENCE.— 

13 The Secretary of State shall ensure that the identification 

14 of witnesses and physical evidence for purposes of the re15 port required by subsection (a) are not publicly disclosed 

16 in a manner that might place such persons at risk of harm 

17 or encourage the destruction of such evidence by the mili18 tary or Government of Burma. 

19 (d) CRIME OF APARTHEID.—In this section, the term 

20 ‘‘crime of apartheid’’ means inhumane acts that— 

21 (1) are of a character similar to the acts re22 ferred to in subparagraphs (A) through (H) of sec23 tion 2(2); 

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1 nation by one racial group over any other racial 

2 group; and 

3 (3) are committed with the intention of main4 taining such regime. 

5 SEC. 402. AUTHORIZATION TO PROVIDE TECHNICAL AS6 SISTANCE FOR EFFORTS AGAINST HUMAN 

7 RIGHTS ABUSES. 

8 (a) IN GENERAL.—The Secretary of State is author9 ized to provide assistance to support appropriate civilian 

10 or international entities that are undertaking the efforts 

11 described in subsection (b) with respect to war crimes, 

12 crimes against humanity, and genocide perpetrated by the 

13 military and security forces of Burma, the Rakhine State 

14 government, pro-government militias, or any other armed 

15 groups fighting in Rakhine State. 

16 (b) EFFORTS AGAINST HUMAN RIGHTS ABUSES.— 

17 The efforts described in this subsection are the following: 

18 (1) Identifying suspected perpetrators of war 

19 crimes, crimes against humanity, and genocide. 

20 (2) Collecting, documenting, and protecting evi21 dence of such crimes and preserve the chain of cus22 tody for such evidence. 

23 (3) Conducting criminal investigations. 

24 (4) Supporting investigations conducted by 

25 other countries, as appropriate. 


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1 (c) AUTHORIZATION FOR TRANSITIONAL JUSTICE

2 MECHANISMS.—The Secretary of State, taking into ac3 count any relevant findings in the report required by sec4 tion 401(a), is authorized to provide support for the cre5 ation and operation of transitional justice mechanisms, in6 cluding a potential hybrid tribunal, to prosecute individ7 uals suspected of committing war crimes, crimes against 

8 humanity, or genocide in Burma. 

9 SEC. 403. STRATEGY FOR PROMOTING ECONOMIC DEVEL10 OPMENT IN BURMA. 

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

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

13 the Secretary of the Treasury, and the Administrator of 

14 the United States Agency for International Development 

15 shall jointly submit to the appropriate congressional com16 mittees a strategy to support sustainable, inclusive and 

17 broad-based economic development in Burma, in accord18 ance with the priorities of disadvantaged communities in 

19 Burma and in consultation with relevant civil society and 

20 local stakeholders, to improve economic conditions and 

21 government transparency. 

22 (b) ELEMENTS.—The strategy required by subsection 

23 (a) to promote sustainable, inclusive and broad-based eco24 nomic development shall include a plan with each of the 

25 following elements: 


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1 (1) Measures to diversify control over and ac2 cess to participation in key industries and sectors, 

3 including efforts to remove barriers and increase 

4 competition, access, and opportunity in sectors domi5 nated by officials of the Burmese military, former 

6 military officials, and their families, and 

7 businesspeople connected to the military of Burma, 

8 with the goal of eliminating the role of the military 

9 in the economy of Burma. 

10 (2) Measures to increase transparency disclo11 sure requirements in key sectors of the economy of 

12 Burma, to promote responsible investment, including 

13 through— 

14 (A) efforts to provide technical support to 

15 develop and implement policy reforms related to 

16 public disclosure of the beneficial owners of en17 tities in key sectors identified by the Govern18 ment of Burma, specifically by— 

19 (i) working with the Government of 

20 Burma to require the disclosure of the ulti21 mate beneficial ownership of entities in the 

22 mining industry and the publication of 

23 project revenues, payments, and contract 

24 terms relating to that industry; and 


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1 (ii) ensuring that reforms complement 

2 the disclosures required to be put in place 

3 in Burma as a result of its participation in 

4 the Extractives Industry Transparency Ini5 tiative; and 

6 (B) efforts to promote universal access to 

7 reliable, affordable, energy efficient, and sus8 tainable power, including leveraging United 

9 States assistance to support reforms in the 

10 power sector and electrification projects that in11 crease energy access, in partnership with multi12 lateral organizations and the private sector. 

13 (3) Measures to create an enabling environment 

14 for economic growth and opportunity for all ethnic 

15 groups residing in Burma, including through ad16 dressing issues related to land tenure. 

17 (4) An identification of needs and opportunities 

18 to provide technical assistance to key ministries, in19 stitutions, and organizations to enact economic re20 forms, including revisions to existing policies on pub21 lic disclosure of beneficial ownership of companies in 

22 key sectors that will allow for identification of those 

23 seeking or securing access to Burma’s most valuable 

24 natural resources. 


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1 (c) CONSULTATION REQUIRED.—In developing the 

2 strategy required by subsection (a), the Secretary of State 

3 shall consult with appropriate officials of the Government 

4 of Burma, ethnic groups and civil society leaders in 

5 Burma. 

6 (d) REPORT ON IMPLEMENTATION.—Not later than 

7 180 days after the date of the submission of the strategy 

8 required by subsection (a), the Secretary of State, the Sec9 retary of the Treasury, and the Administrator of the 

10 United States Agency for International Development shall 

11 jointly submit to the appropriate congressional committees 

12 a report in unclassified form, that may contain a classified 

13 annex, that describes— 

14 (1) the extent to which United States assistance 

15 and the efforts of the Government of Burma have 

16 promoted inclusive and enduring economic develop17 ment in accordance with such strategy; and 

18 (2) the efforts undertaken, progress achieved, 

19 and any next steps planned by either the United 

20 States or the Government of Burma with respect 

21 to— 

22 (A) the elements in section 401(b); 

23 (B) the promotion of accountability and 

24 transparency, including through the collection, 

25 verification, and publication of beneficial ownerVerDate Sep 11 2014 05:04 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3190.IH H3190

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1 ship information related to extractive industries; 

2 and 

3 (C) the promotion of best practices regard4 ing— 

5 (i) environmental conservation, man6 agement, and planning; 

7 (ii) social impact assessments, includ8 ing social and cultural protection and free, 

9 prior, and informed consent and meaning10 ful participation of local populations, par11 ticularly minority ethnic nationalities; and 

12 (iii) avoidance of displacement of local 

13 populations without meaningful consulta14 tion and consent, harm mitigation, and 

15 compensation. 

Æ 


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