•HRES 1341 ATH 
of a correspondent account or payable-through ac-
count by any financial institution (as that term is 
defined in section 5312 of title 31, United States 
Code) or financial agency that is organized under 
the laws of a State, territory, or possession of the 
United States, for or on behalf of a foreign banking 
institution, if the Secretary determines that the ac-
count might be used— 
(A) by a foreign banking institution that 
holds property or an interest in property be-
longing to the SPDC or a person described in 
subsection (a)(1); or 
(B) to conduct a transaction on behalf of 
the SPDC or a person described in subsection 
(a)(1). 
(2) AUTHORITY TO DEFINE TERMS.—The Sec-
retary of the Treasury may, by regulation, further 
define the terms used in paragraph (1) for purposes 
of this section, as the Secretary considers appro-
priate. 
(d) LIST OF SANCTIONED OFFICIALS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the 
President shall transmit to the appropriate congres-
sional committees a list of— 
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•HRES 1341 ATH 
(A) former and present leaders of the 
SPDC, the Burmese military, and the USDA; 
(B) officials of the SPDC, the Burmese 
military, or the USDA involved in the repres-
sion of peaceful political activity in Burma or in 
the commission of other human rights abuses, 
including any current or former officials of the 
security services and judicial institutions of the 
SPDC; 
(C) any other Burmese persons or entities 
who provide substantial economic and political 
support for the SPDC, the Burmese military, or 
the USDA; and 
(D) the immediate family members of any 
person described in subparagraphs (A) through 
(C) whom the President determines effectively 
controls property in the United States or has 
benefitted from a financial transaction with any 
United States person. 
(2) CONSIDERATION OF OTHER DATA.—In pre-
paring the list required under paragraph (1), the 
President shall consider the data already obtained by 
other countries and entities that apply sanctions 
against Burma, such as the Australian Government 
and the European Union. 
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•HRES 1341 ATH 
(3) UPDATES.—The President shall transmit to 
the appropriate congressional committees updated 
lists of the persons described in paragraph (1) as 
new information becomes available. 
(4) IDENTIFICATION
OF
INFORMATION.—The 
Secretary of State and the Secretary of the Treasury 
shall devote sufficient resources to the identification 
of information concerning potential persons to be 
sanctioned to carry out the purposes described in 
this Act. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to prohibit any contract or other 
financial transaction with any nongovernmental humani-
tarian organization in Burma. 
(f) EXCEPTIONS.— 
(1) IN GENERAL.—The prohibitions and restric-
tions described in subsections (b) and (c) shall not 
apply to medicine, medical equipment or supplies, 
food or feed, or any other form of humanitarian as-
sistance provided to Burma. 
(2) REGULATORY
EXCEPTIONS.—For the fol-
lowing purposes, the Secretary of State may, by reg-
ulation, authorize exceptions to the prohibition and 
restrictions described in subsection (a), and the Sec-
retary of the Treasury may, by regulation, authorize 
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•HRES 1341 ATH 
exceptions to the prohibitions and restrictions de-
scribed in subsections (b) and (c)— 
(A) to permit the United States and 
Burma to operate their diplomatic missions, 
and to permit the United States to conduct 
other official United States Government busi-
ness in Burma; 
(B) to permit United States citizens to 
visit Burma; and 
(C) to permit the United States to comply 
with the United Nations Headquarters Agree-
ment and other applicable international agree-
ments. 
(g) PENALTIES.—Any person who violates any prohi-
bition or restriction imposed pursuant to subsection (b) 
or (c) shall be subject to the penalties under section 6 of 
the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as for a violation under 
that Act. 
(h) TERMINATION OF SANCTIONS.—The sanctions 
imposed under subsection (a), (b), or (c) shall apply until 
the President determines and certifies to the appropriate 
congressional committees that the SPDC has— 
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•HRES 1341 ATH 
(1) unconditionally released all political pris-
oners, including Aung San Suu Kyi and other mem-
bers of the National League for Democracy; 
(2) entered into a substantive dialogue with 
democratic forces led by the National League for 
Democracy and the ethnic minorities of Burma on 
transitioning to democratic government under the 
rule of law; and 
(3) allowed humanitarian access to populations 
affected by armed conflict in all regions of Burma. 
(i) WAIVER.—The President may waive the sanctions 
described in subsections (b) and (c) if the President deter-
mines and certifies to the appropriate congressional com-
mittees that such waiver is in the national interest of the 
United States. 
SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND 
DEMOCRACY ACT OF 2003. 
(a) IN GENERAL.—The Burmese Freedom and De-
mocracy Act of 2003 (Public Law 108–61; 50 U.S.C. 
1701 note) is amended by inserting after section 3 the 
following new section: 
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•HRES 1341 ATH 
‘‘SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND 
RUBIES FROM BURMA AND ARTICLES OF 
JEWELRY CONTAINING JADEITE OR RUBIES 
FROM BURMA. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Ways and Means 
and the Committee on Foreign Affairs of the 
House of Representatives; and 
‘‘(B) the Committee on Finance and the 
Committee on Foreign Relations of the Senate. 
‘‘(2) BURMESE COVERED ARTICLE.—The term 
‘Burmese covered article’ means— 
‘‘(A) jadeite mined or extracted from 
Burma; 
‘‘(B) rubies mined or extracted from 
Burma; or 
‘‘(C) articles of jewelry containing jadeite 
described in subparagraph (A) or rubies de-
scribed in subparagraph (B). 
‘‘(3) NON-BURMESE
COVERED
ARTICLE.—The 
term ‘non-Burmese covered article’ means— 
‘‘(A) jadeite mined or extracted from a 
country other than Burma; 
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•HRES 1341 ATH 
‘‘(B) rubies mined or extracted from a 
country other than Burma; or 
‘‘(C) articles of jewelry containing jadeite 
described in subparagraph (A) or rubies de-
scribed in subparagraph (B). 
‘‘(4) JADEITE; RUBIES; ARTICLES OF JEWELRY 
CONTAINING JADEITE OR RUBIES.— 
‘‘(A) JADEITE.—The term ‘jadeite’ means 
any jadeite classifiable under heading 7103 of 
the Harmonized Tariff Schedule of the United 
States (in this paragraph referred to as the 
‘HTS’). 
‘‘(B) RUBIES.—The term ‘rubies’ means 
any rubies classifiable under heading 7103 of 
the HTS. 
‘‘(C) ARTICLES OF JEWELRY CONTAINING 
JADEITE
OR
RUBIES.—The term ‘articles of 
jewelry containing jadeite or rubies’ means— 
‘‘(i) any article of jewelry classifiable 
under heading 7113 of the HTS that con-
tains jadeite or rubies; or 
‘‘(ii) any article of jadeite or rubies 
classifiable under heading 7116 of the 
HTS. 
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•HRES 1341 ATH 
‘‘(5) UNITED
STATES.—The term ‘United 
States’, when used in the geographic sense, means 
the several States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States. 
‘‘(b) PROHIBITION ON IMPORTATION OF BURMESE 
COVERED ARTICLES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, until such time as the President de-
termines and certifies to the appropriate congres-
sional committees that Burma has met the condi-
tions described in section 3(a)(3), beginning 60 days 
after the date of the enactment of the Tom Lantos 
Block Burmese JADE (Junta’s Anti-Democratic Ef-
forts) Act of 2008, the President shall prohibit the 
importation into the United States of any Burmese 
covered article. 
‘‘(2) REGULATORY AUTHORITY.—The President 
is authorized to, and shall as necessary, issue such 
proclamations, regulations, licenses, and orders, and 
conduct such investigations, as may be necessary to 
implement the prohibition under paragraph (1). 
‘‘(3) OTHER ACTIONS.—Beginning on the date 
of the enactment of this Act, the President shall 
take all appropriate actions to seek the following: 
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•HRES 1341 ATH 
‘‘(A) The issuance of a draft waiver deci-
sion by the Council for Trade in Goods of the 
World Trade Organization granting a waiver of 
the applicable obligations of the United States 
under the World Trade Organization with re-
spect to the provisions of this section and any 
measures taken to implement this section. 
‘‘(B) The adoption of a resolution by the 
United Nations General Assembly expressing 
the need to address trade in Burmese covered 
articles and calling for the creation and imple-
mentation of a workable certification scheme for 
non-Burmese covered articles to prevent the 
trade in Burmese covered articles. 
‘‘(c) REQUIREMENTS FOR IMPORTATION OF NON- 
BURMESE COVERED ARTICLES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), until such time as the President deter-
mines and certifies to the appropriate congressional 
committees that Burma has met the conditions de-
scribed in section 3(a)(3), beginning 60 days after 
the date of the enactment of the Tom Lantos Block 
Burmese JADE (Junta’s Anti-Democratic Efforts) 
Act of 2008, the President shall require as a condi-
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•HRES 1341 ATH 
tion for the importation into the United States of 
any non-Burmese covered article that— 
‘‘(A) the exporter of the non-Burmese cov-
ered article has implemented measures that 
have substantially the same effect and achieve 
the same goals as the measures described in 
clauses (i) through (iv) of paragraph (2)(B) (or 
their functional equivalent) to prevent the trade 
in Burmese covered articles; and 
‘‘(B) the importer of the non-Burmese cov-
ered article agrees— 
‘‘(i) to maintain a full record of, in 
the form of reports or otherwise, complete 
information relating to any act or trans-
action related to the purchase, manufac-
ture, or shipment of the non-Burmese cov-
ered article for a period of not less than 5 
years from the date of entry of the non- 
Burmese covered article; and 
‘‘(ii) to provide the information de-
scribed in clause (i) within the custody or 
control of such person to the relevant 
United States authorities upon request. 
‘‘(2) EXCEPTION.— 
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•HRES 1341 ATH 
‘‘(A) IN
GENERAL.—The President may 
waive the requirements of paragraph (1) with 
respect to the importation of non-Burmese cov-
ered articles from any country with respect to 
which the President determines and certifies to 
the appropriate congressional committees has 
implemented the measures described in sub-
paragraph (B) (or their functional equivalent) 
to prevent the trade in Burmese covered arti-
cles. 
‘‘(B) MEASURES DESCRIBED.—The meas-
ures referred to in subparagraph (A) are the 
following: 
‘‘(i) With respect to exportation from 
the country of jadeite or rubies in rough 
form, a system of verifiable controls on the 
jadeite or rubies from mine to exportation 
demonstrating that the jadeite or rubies 
were not mined or extracted from Burma, 
and accompanied by officially-validated 
documentation certifying the country from 
which the jadeite or rubies were mined or 
extracted, total carat weight, and value of 
the jadeite or rubies. 
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•HRES 1341 ATH 
‘‘(ii) With respect to exportation from 
the country of finished jadeite or polished 
rubies, a system of verifiable controls on 
the jadeite or rubies from mine to the 
place of final finishing of the jadeite or ru-
bies demonstrating that the jadeite or ru-
bies were not mined or extracted from 
Burma, and accompanied by officially-vali-
dated documentation certifying the country 
from which the jadeite or rubies were 
mined or extracted. 
‘‘(iii) With respect to exportation from 
the country of articles of jewelry con-
taining jadeite or rubies, a system of 
verifiable controls on the jadeite or rubies 
from mine to the place of final finishing of 
the article of jewelry containing jadeite or 
rubies demonstrating that the jadeite or 
rubies were not mined or extracted from 
Burma, and accompanied by officially-vali-
dated documentation certifying the country 
from which the jadeite or rubies were 
mined or extracted. 
‘‘(iv) Verifiable recordkeeping by all 
entities and individuals engaged in mining, 
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•HRES 1341 ATH 
importation, and exportation of non-Bur-
mese covered articles in the country, and 
subject to inspection and verification by 
authorized authorities of the government of 
the country in accordance with applicable 
law. 
‘‘(v) Implementation by the govern-
ment of the country of proportionate and 
dissuasive penalties against any persons 
who violate laws and regulations designed 
to prevent trade in Burmese covered arti-
cles. 
‘‘(vi) Full cooperation by the country 
with the United Nations or other official 
international organizations that seek to 
prevent trade in Burmese covered articles. 
‘‘(3) REGULATORY AUTHORITY.—The President 
is authorized to, and shall as necessary, issue such 
proclamations, regulations, licenses, and orders and 
conduct such investigations, as may be necessary to 
implement the provisions under paragraphs (1) and 
(2). 
‘‘(d) INAPPLICABILITY.— 
‘‘(1) IN GENERAL.—The requirements of sub-
section (b)(1) and subsection (c)(1) shall not apply 
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•HRES 1341 ATH 
to Burmese covered articles and non-Burmese cov-
ered articles, respectively, that were previously ex-
ported from the United States, including those that 
accompanied an individual outside the United States 
for personal use, if they are reimported into the 
United States by the same person, without having 
been advanced in value or improved in condition by 
any process or other means while outside the United 
States. 
‘‘(2) ADDITIONAL
PROVISION.—The require-
ments of subsection (c)(1) shall not apply with re-
spect to the importation of non-Burmese covered ar-
ticles that are imported by or on behalf of an indi-
vidual for personal use and accompanying an indi-
vidual upon entry into the United States. 
‘‘(e) ENFORCEMENT.—Burmese covered articles or 
non-Burmese covered articles that are imported into the 
United States in violation of any prohibition of this Act 
or any other provision law shall be subject to all applicable 
seizure and forfeiture laws and criminal and civil laws of 
the United States to the same extent as any other violation 
of the customs laws of the United States. 
‘‘(f) SENSE OF CONGRESS.— 
‘‘(1) IN GENERAL.—It is the sense of Congress 
that the President should take the necessary steps to 
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•HRES 1341 ATH 
seek to negotiate an international arrangement— 
similar to the Kimberley Process Certification 
Scheme for conflict diamonds—to prevent the trade 
in Burmese covered articles. Such an international 
arrangement should create an effective global system 
of controls and should contain the measures de-
scribed in subsection (c)(2)(B) (or their functional 
equivalent). 
‘‘(2) 
KIMBERLEY
PROCESS
CERTIFICATION 
SCHEME
DEFINED.—In paragraph (1), the term 
‘Kimberley Process Certification Scheme’ has the 
meaning given the term in section 3(6) of the Clean 
Diamond Trade Act (Public Law 108–19; 19 U.S.C. 
3902(6)). 
‘‘(g) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the Tom Lantos 
Block Burmese JADE (Junta’s Anti-Democratic Ef-
forts) Act of 2008, the President shall transmit to 
the appropriate congressional committees a report 
describing what actions the United States has taken 
during the 60-day period beginning on the date of 
the enactment of such Act to seek— 
‘‘(A) the issuance of a draft waiver deci-
sion by the Council for Trade in Goods of the 
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•HRES 1341 ATH 
World Trade Organization, as specified in sub-
section (b)(3)(A); 
‘‘(B) the adoption of a resolution by the 
United Nations General Assembly, as specified 
in subsection (b)(3)(B); and 
‘‘(C) the negotiation of an international ar-
rangement, as specified in subsection (f)(1). 
‘‘(2) UPDATE.—The President shall make con-
tinued efforts to seek the items specified in subpara-
graphs (A), (B), and (C) of paragraph (1) and shall 
promptly update the appropriate congressional com-
mittees on subsequent developments with respect to 
these efforts. 
‘‘(h) GAO REPORT.—Not later than 14 months after 
the date of the enactment of the Tom Lantos Block Bur-
mese JADE (Junta’s Anti-Democratic Efforts) Act of 
2008, the Comptroller General of the United States shall 
submit to the appropriate congressional committees a re-
port on the effectiveness of the implementation of this sec-
tion. The Comptroller General shall include in the report 
any recommendations for improving the administration of 
this Act.’’. 
(b) DURATION OF SANCTIONS.— 
(1) CONTINUATION OF IMPORT SANCTIONS.— 
Subsection (b) of section 9 of the Burmese Freedom 
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•HRES 1341 ATH 
(c) CONFORMING AMENDMENT.—Section 3(b) of the 
Burmese Freedom and Democracy Act of 2003 (Public 
Law 108–61; 50 U.S.C. 1701 note) is amended— 
(1) by inserting ‘‘or section 3A (b)(1) or (c)(1)’’ 
after ‘‘this section’’; and 
(2) by striking ‘‘a product of Burma’’ and in-
serting ‘‘subject to such prohibitions’’. 
SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDI-
NATOR FOR BURMA. 
(a) UNITED STATES SPECIAL REPRESENTATIVE AND 
POLICY COORDINATOR FOR BURMA.—The President shall 
appoint a Special Representative and Policy Coordinator 
for Burma, by and with the advice and consent of the Sen-
ate. 
(b) RANK.—The Special Representative and Policy 
Coordinator for Burma appointed under subsection (a) 
shall have the rank of ambassador and shall hold the office 
at the pleasure of the President. Except for the position 
of United States Ambassador to the Association of South-
east Asian Nations, the Special Representative and Policy 
Coordinator may not simultaneously hold a separate posi-
tion within the executive branch, including the Assistant 
Secretary of State, the Deputy Assistant Secretary of 
State, the United States Ambassador to Burma, or the 
Charge d’affairs to Burma. 
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•HRES 1341 ATH 
(c) DUTIES AND RESPONSIBILITIES.—The Special 
Representative and Policy Coordinator for Burma shall— 
(1) promote a comprehensive international ef-
fort, including multilateral sanctions, direct dialogue 
with the SPDC and democracy advocates, and sup-
port for nongovernmental organizations operating in 
Burma and neighboring countries, designed to re-
store civilian democratic rule to Burma and address 
the urgent humanitarian needs of the Burmese peo-
ple; 
(2) consult broadly, including with the Govern-
ments of the People’s Republic of China, India, 
Thailand, and Japan, and the member states of 
ASEAN and the European Union to coordinate poli-
cies toward Burma; 
(3) assist efforts by the United Nations Special 
Envoy to secure the release of all political prisoners 
in Burma and to promote dialogue between the 
SPDC and leaders of Burma’s democracy movement, 
including Aung San Suu Kyi; 
(4) consult with Congress on policies relevant to 
Burma and the future and welfare of all the Bur-
mese people, including refugees; and 
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•HRES 1341 ATH 
(5) coordinate the imposition of Burma sanc-
tions within the United States Government and with 
the relevant international financial institutions. 
SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN 
BURMA. 
(a) IN GENERAL.—The President is authorized to as-
sist Burmese democracy activists who are dedicated to 
nonviolent opposition to the SPDC in their efforts to pro-
mote freedom, democracy, and human rights in Burma. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 to the Sec-
retary of State for fiscal year 2008 to— 
(1) provide aid to democracy activists in 
Burma; 
(2) provide aid to individuals and groups con-
ducting democracy programming outside of Burma 
targeted at a peaceful transition to constitutional de-
mocracy inside Burma; and 
(3) expand radio and television broadcasting 
into Burma. 
SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZA-
TIONS 
ADDRESSING 
THE 
HUMANITARIAN 
NEEDS OF THE BURMESE PEOPLE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the international community should increase 
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•HRES 1341 ATH 
support for nongovernmental organizations attempting to 
meet the urgent humanitarian needs of the Burmese peo-
ple. 
(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS 
ACTIVITIES IN BURMA.—Section 5 of the Burmese Free-
dom and Democracy Act of 2003 (50 U.S.C. 1701 note) 
is amended— 
(1) by inserting ‘‘(a) OPPOSITION TO ASSIST-
ANCE TO BURMA.—’’ before ‘‘The Secretary’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS 
ACTIVITIES IN BURMA.—Notwithstanding any other pro-
vision of law, the Secretary of the Treasury is authorized 
to issue multi-year licenses for humanitarian or religious 
activities in Burma.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, there are authorized to be appro-
priated $11,000,000 to the Secretary of State for 
fiscal year 2008 to support operations by nongovern-
mental organizations, subject to paragraph (2), de-
signed to address the humanitarian needs of the 
Burmese people inside Burma and in refugee camps 
in neighboring countries. 
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•HRES 1341 ATH 
(2) LIMITATION.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), amounts appropriated 
pursuant to paragraph (1) may not be provided 
to— 
(i) SPDC-controlled entities; 
(ii) entities run by members of the 
SPDC or their families; or 
(iii) entities providing cash or re-
sources to the SPDC, including organiza-
tions affiliated with the United Nations. 
(B) WAIVER.—The President may waive 
the funding restriction described in subpara-
graph (A) if— 
(i) the President determines and cer-
tifies to the appropriate congressional com-
mittees that such waiver is in the national 
interests of the United States; 
(ii) a description of the national inter-
ests need for the waiver is submitted to the 
appropriate congressional committees; and 
(iii) the description submitted under 
clause (ii) is posted on a publicly accessible 
Internet Web site of the Department of 
State. 
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