HR 3190 RFS
Extractive 
Industry 
Transparency 
Initiative 
(‘‘Myanmar EITI’’); 
(3) is not owned or controlled, either directly or 
indirectly, by the Burmese military or security 
forces, any current or former senior Burmese mili-
tary officer, or any person sanctioned by the United 
States pursuant to any relevant sanctions authority; 
and 
(4) is making significant progress toward meet-
ing the criteria described in subsection (b)(2). 
(b) ENTITIES AND CRITERIA DESCRIBED.— 
(1) ENTITIES
DESCRIBED.—The entities de-
scribed in this subsection are the following: 
(A) Entities that produce or process pre-
cious and semiprecious gemstones. 
(B) Entities that sell or export precious 
and semiprecious gemstones from Burma or ar-
ticles of jewelry containing such gemstones. 
(2) CRITERIA
DESCRIBED.—The criteria de-
scribed in this subsection are the following: 
(A) The entity publicly discloses any politi-
cally exposed persons, officers, directors or ben-
eficial owners, as defined under the Myanmar 
EITI. 
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(B) The entity publicly discloses valid au-
thorization, license, or permit to produce, proc-
ess, sell, or export minerals or gemstones, as 
applicable. 
(C) The entity publicly discloses payments 
to the Government of Burma, including tax and 
non-tax, license, or royalty payments, and other 
payments or contract terms as may be required 
under Myanmar EITI standards. 
(D) The entity undertakes due diligence, in 
line with the OECD Due Diligence Guidance 
for Responsible Supply Chains of Minerals from 
Conflict-Affected and High-Risk Areas, includ-
ing public reporting. 
(c) PERIODIC UPDATING.—The Secretary shall peri-
odically update the publicly available version of the list de-
scribed in subsection (a) as appropriate. 
(d) GUIDANCE
AND WHITE-LIST ENTITIES.—The 
Secretary shall issue guidance for entities in the United 
States private sector with respect to the best practices for 
supply-chain due diligence that are applicable to importa-
tion of gemstones or minerals that may be of Burmese 
origin or articles of jewelry containing such gemstones, in-
cluding with respect to transactions with entities approved 
for inclusion in the list published pursuant subsection (a), 
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in order to mitigate potential risks and legal liabilities as-
sociated with the importation of such items. 
(e) TERMINATION.—The date described in this sec-
tion is the date on which the President certifies to the 
appropriate congressional committees that the Govern-
ment of Burma has taken substantial measures to reform 
the mining sector in Burma, including the following: 
(1) Require the mandatory disclosure of pay-
ments, permit and license allocations, project reve-
nues, contracts, and beneficial ownership, including 
the identification any politically exposed persons who 
are beneficial owners, consistent with the approach 
agreed under the Myanmar EITI and with due re-
gard for civil society participation. 
(2) Separate the commercial, regulatory, and 
revenue 
collection 
responsibilities 
within 
the 
Myanmar Gems Enterprise and other key state- 
owned enterprises to remove existing conflicts of in-
terest. 
(3) Monitor and undertake enforcement actions, 
as warranted, to ensure that entities— 
(A) adhere to environmental and social im-
pact assessment and management standards in 
accordance with international responsible min-
ing practices, the country’s environmental con-
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servation law, and other applicable laws and 
regulations; and 
(B) uphold occupational health and safety 
standards and codes of conduct that are aligned 
with the core labor standards of the Inter-
national Labour Organisation and with domes-
tic law. 
(4) Address the transparent and fair distribu-
tion of benefits from natural resources, including 
through local benefit-sharing. 
(5) Reform the process for valuation of 
gemstones at the mine-site, including developing an 
independent valuation system to prevent undervalu-
ation and tax evasion. 
(6) Require companies bidding for jade and 
ruby mining, finishing, or export permits to be inde-
pendently audited upon the request of the Govern-
ment of Burma and making the results of all such 
audits public. 
(7) Establish credible and transparent proce-
dures for permit allocations that are independent 
from external influence, including scrutiny of appli-
cants that prevents unscrupulous entities from gain-
ing access to concessions or the right to trade in 
minerals or gemstones. 
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(8) Establish effective oversight of state-owned 
enterprises operating in such sector, including 
through parliamentary oversight or requirements for 
independent financial auditing. 
TITLE 
IV—ACCOUNTABILITY 
FOR HUMAN RIGHTS ABUSES 
AND 
STRATEGY 
FOR 
ECO-
NOMIC GROWTH 
SEC. 401. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, 
CRIMES AGAINST HUMANITY, AND GENOCIDE 
IN BURMA. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
a report that— 
(1) summarizes credible reports of serious 
human rights violations, including war crimes, com-
mitted against the Rohingya or other ethnic minori-
ties in Burma between 2012 and the date of the 
submission of the report; 
(2) describes any potential transitional justice 
mechanisms in Burma; 
(3) provides an analysis of whether the serious 
human rights violations summarized pursuant to 
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