(2) As part of a crackdown against the Bur-
mese pro-democracy movement, the State Law and
Order Restoration Council (SLORC) was established
by the military dictatorship in 1988.
(3) On May 27, 1990, the people of Burma
voted overwhelmingly in a free election for Daw
Aung San Suu Kyi and the National League for De-
mocracy (NLD).
(4) Despite numerous pledges, the SLORC has
failed to honor the results of the 1990 elections.
(5) The United States has not sent an ambas-
sador to Rangoon in protest of the failure of the
SLORC to honor the 1990 elections and the contin-
ued human rights abuses suffered by the Burmese
people.
(6) In response to the massacre of thousands of
Burmese participating in peaceful democratic dem-
onstrations, the Congress adopted a provision as
part of the Customs and Trade Act of 1990 requir-
ing the President to impose appropriate economic
sanctions on Burma.
(7) Currently the United States has suspended
economic aid to Burma, placed an embargo on arms
sales to Burma, denied trade preferences under title
V of the Trade Act of 1974 to Burma, and decerti-
fied Burma as a narcotics cooperating country.
(8) On April 30, 1994, the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236), placed Burma on the list of
international ‘‘outlaw’’ states that includes Libya,
North Korea, and Iraq and which is set forth in sec-
tion 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)), thus mandating that voluntary
United States funding for any United Nations agen-
cy will be automatically reduced if the agency con-
ducts programs in Burma.
(9) On July 15, 1994, the Senate adopted Sen-
ate Resolution 234 calling on the Administration to
encourage members of the Association of Southeast
Asian Nations (ASEAN) to work with the United
States to achieve the transfer of power to the win-
ners of Burma’s 1990 democratic election.
(10) On July 25, 1994, the House of Rep-
resentatives adopted House Resolution 471, which
urged the Burmese regime to transfer power to
democratically elected leaders of Burma and to re-
spect human rights.
(11) On June 28, 1995, the House of Rep-
resentatives agreed to an amendment to House Bill
1868, which prohibited funds for international nar-
cotics control or crop substitution assistance for the
Burmese regime.
(12) In early 1995 the SLORC conducted a
military campaign against ethnic minorities, many of
whom are Christian, along the border between
Burma and Thailand, including the headquarters of
the Democratic Alliance of Burma at Mannerplaw.
(13) On July 10, 1995, after six years of un-
lawful detention, the SLORC released Nobel Peace
Prize winner Daw Aung San Suu Kyi, the leader of
the NLD.
(14) Since the release of Daw Aung San Suu
Kyi, the SLORC has rejected her efforts to establish
a timetable for dialogue and national reconciliation
and has denied the NLD a meaningful role in a
credible political process.
(15) The 1995 Human Rights Watch World
Report states that Muslims in the Arakan State are
subject to forced relocations, forced labor, and reli-
gious persecution.
(16) On December 19, 1995, the House of Rep-
resentatives adopted House Resolution 274, which
calls on the Burmese regime to begin a political dia-
logue with democratically elected leaders of Burma,
release political prisoners, guarantee respect for
basic human rights, and restore civilian and demo-
cratic rule to the people of Burma.
SEC. 3. DECLARATIONS OF POLICY.
(a) IN GENERAL.—The Congress declares that it is
the policy of the United States—
(1) to support actively the prompt transition
from a military dictatorship to a democratic govern-
ment in Burma;
(2) to encourage the State Law and Order Res-
toration Council (SLORC) to immediately and un-
conditionally release all political prisoners and allow
them to participate in the political process;
(3) to recognize the individuals who won the
1990 democratic election as the legitimate represent-
atives of the Burmese people;
(4) to expand contact between the democrat-
ically elected leaders of Burma and the United
States mission in Rangoon in order to facilitate the
democratic process in Burma;
(5) to encourage the SLORC and friendly gov-
ernments to permit democratically elected leaders of
Burma to travel freely;
(6) to provide humanitarian assistance to dis-
placed persons inside Burma and to refugees from
Burma along the border between Burma and Thai-
land;
(7) to further expand trade sanctions against
Burma not later than 180 days after the date of the
enactment of this Act unless a process of political
reconciliation, characterized by a substantial and
sustained dialogue between the SLORC and Daw
Aung San Suu Kyi and other elected leaders of the
National League for Democracy, is established; and
(8) to encourage friendly nations to adopt trade
policies similar to the trade policies established by
this Act.
(b) COOPERATION
WITH
BURMA
RELATING
TO
COUNTERNARCOTICS ACTIVITIES.—The Congress declares
that—
(1) 
cooperation 
with 
Burma 
relating 
to
counternarcotics activities should be limited to im-
proving the capability of Burma to detect and con-
fiscate narcotics at the international airport in Ran-
goon and at the coastal port facilities in Burma;
(2) such cooperation with Burma should be ini-
tiated only after the President has certified in writ-
ing to the Congress that such counternarcotics ac-
tivities are fully consistent with United States
human rights concerns in Burma and are vital to
United States interests; and
(3) multilateral cooperation with Burma relat-
ing to counternarcotics activities should not contrib-
ute to violations of internationally recognized human
rights in Burma.
SEC. 4. SANCTIONS.
(a) IN GENERAL.—Until such time as the President
determines and certifies to the appropriate congressional
committees that an elected government of Burma has been
allowed to take power as result of the 1990 election or
by new free and fair elections—
(1) the sanctions described in subsection (b)
shall be imposed on Burma; and
(2) the appropriate Government officials may
apply the sanctions described in subsection (c)
against Burma.
(b) MANDATORY SANCTIONS.—
(1) INVESTMENT SANCTION.—
(A) IN GENERAL.—United States nationals
shall not make any investment in Burma.
(B) EFFECTIVE
DATE.—The prohibition
contained in subparagraph (A) shall not apply
to investments initiated on or before January
25, 1996.
(C) REGULATORY AUTHORITY.—The Presi-
dent shall issue such regulations, licenses, or
orders as are necessary to carry out this para-
graph.
(2) 
UNITED
STATES
ASSISTANCE.—United
States assistance shall not be provided for Burma.
(3) MULTILATERAL
ASSISTANCE.—The Sec-
retary of the Treasury shall instruct the United
States executive director of each financial institution
to vote against any loan or other utilization of the
funds of the respective bank to or for Burma.
(4) PROMOTION OF TRADE OR OTHER COMMER-
CIAL ACTIVITY.—None of the funds appropriated or
otherwise available to any Federal department or
agency shall be obligated or expended for the pur-
pose of promoting trade or other commercial activity
between the United States and Burma.
(5) ADMISSION TO UNITED STATES OF BUR-
MESE NATIONALS.—(A) Except as provided in sub-
paragraph (B), any Burmese national who formu-
lates, implements, or benefits from policies which
hinder the transition of Burma to a democratic
country, as determined by the Attorney General, and
any member of the immediate family of such a na-
tional, shall be ineligible to receive a visa and shall
be excluded from admission into the United States.
(B) The Attorney General may waive the appli-
cation of subparagraph (A) with respect to any indi-
vidual.
(6) ADMISSION TO UNITED STATES OF MEM-
BERS OF SLORC MILITARY OR POLICE FORCES.—(A)
Except as provided in subparagraph (B), any mem-
ber, officer, or employee of any military or police
force of the Burmese military regime, known as the
State Law and Order Restoration Council (SLORC),
as determined by the Attorney General, shall be in-
eligible to receive a visa and shall be excluded from
admission into the United States.
(B) The Attorney General may waive the appli-
cation of subparagraph (A) with respect to any indi-
vidual.
(7) ADMISSION TO UNITED STATES OF CERTAIN
OFFICIALS OF THE GOVERNMENT OF BURMA AND
BURMESE
CITIZENS.—(A) Except as provided in
subparagraph (B), any official of the Burmese mili-
tary regime, known as the State Law and Order
Restoration Council (SLORC), or any citizen of
Burma who the Attorney General determines has
committed acts which constitute the essential ele-
ments of a violation under chapter 113A of title 18,
United States Code (relating to the Convention
Against Torture and Other Cruel Inhuman or De-
grading Treatment or Punishment) shall be ineli-
gible to receive a visa and shall be excluded from ad-
mission into the United States.
(B) The Attorney General may waive the appli-
cation of subparagraph (A) with respect to any indi-
vidual.
(c) DISCRETIONARY SANCTIONS.—
(1) TRAVEL TO BURMA.—
(A) 
TRANSPORTATION
TO
OR
FROM
BURMA.—The President is authorized to pro-
hibit or limit any transaction by a United
States person relating to transportation to or
from Burma, the provision of transportation to
or from the United States by any vessel or air-
craft of Burmese registration, or the sale in the
United States by any person holding authority
under the Federal Aviation Act of any transpor-
tation by air which includes any stop in Burma.
(B) TOURISM IN BURMA.—Notwithstand-
ing any other provision of law, the President is
authorized to prohibit the use of funds by any
agency of the Government of the United States
to promote tourism in Burma.
(2) DIPLOMATIC REPRESENTATION.—The Con-
gress urges the President not to accept diplomatic
representation from Burma at a level higher than
the level of diplomatic representation of the United
States in Burma.
(3) CONTRIBUTIONS
TO
INTERNATIONAL
FI-
NANCIAL INSTITUTIONS.—
(A) WITHHOLDING.—The President is au-
thorized to withhold from each international fi-
nancial institution that funds activities in
Burma (other than emergency humanitarian ac-
tivities described in subparagraph (B)) an
amount equal to the United States propor-
tionate share of that funding.
(B) EMERGENCY
HUMANITARIAN
ACTIVI-
TIES.—
(i) IN
GENERAL.—Subject to clause
(ii), the emergency humanitarian activities
described in this subparagraph are activi-
ties to alleviate human suffering caused by
natural disasters such as floods, storms,
famine, and earthquakes.
(ii) ADDITIONAL ACTIVITIES.—Activi-
ties other than activities described in
clause (i) shall be considered to be emer-
gency humanitarian activities for purposes
of this subparagraph if the President—
(I) determines that such addi-
tional activities support the interests
of the United States; and
(II) transmits such determination
in writing to the appropriate congres-
sional committees.
SEC. 5. REPORT ON BURMESE LABOR PRACTICES.
Not later than 90 days after the date of enactment
of this Act, the Secretary of Labor, in consultation with
the Secretary of State, shall submit a report to the appro-
priate congressional committees on—
(1) Burmese compliance with international
labor standards including the use of forced labor,
child labor, slave labor, and involuntary prison labor
by the junta;
(2) the degree to which foreign investment in
Burma contributes to violations of fundamental
worker rights;
(3) labor practices in support of Burma’s for-
eign tourist industry; and
(4) efforts by the United States to end viola-
tions of fundamental labor rights in Burma.
SEC. 6. REPORT ON ENVIRONMENTAL DEGRADATION IN
BURMA.
Not later than 90 days after the date of enactment
of this Act, the Secretary of State, in consultation with
the heads of other appropriate Federal agencies, shall pre-
pare and submit to the appropriate congressional commit-
tees a report on the exploitation of resources and the deg-
radation of the environment in Burma, including—
(1) a discussion of the export of timber by
Burma, especially teak; and
(2) a discussion of the specific progress on co-
operation by Burma with nonprofit nongovernmental
organizations that are concerned with ecological con-
servation, management, and training programs.
SEC. 7. REPORT ON STRATEGY SUPPORTING DEMOCRATIC
TRANSITION IN BURMA.
Not later than 120 days after the date of enactment
of this Act, the Secretary of State, in consultation with
the heads of other appropriate Federal agencies, shall pre-
pare and submit to the appropriate congressional commit-
tees a report containing a strategy to restore democracy
to Burma consistent with the declarations of policy con-
tained in section 3 of this Act.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Appropriations and
the Committee on International Relations of the
House of Representatives; and
(B) the Committee on Appropriations and
the Committee on Foreign Relations of the Sen-
ate.
(2) BURMESE
ENTITY.—The term ‘‘Burmese
entity’’ means—
(A) a corporation, partnership, or other
business association or entity organized in
Burma; or
(B) a branch, office, agency, or sole propri-
etorship in Burma of a person that resides or
is organized outside of Burma.
(3) CONTROLLED BURMESE ENTITY.—The term
‘‘controlled Burmese entity’’ means—
(A) a corporation, partnership, or other
business association or entity organized in
Burma and owned or controlled, directly or in-
directly, by a United States national; or
(B) a branch, office, agency, or sole propri-
etorship in Burma of a United States national.
(4) 
INTERNATIONAL
FINANCIAL
INSTITU-
TIONS.—The term ‘‘international financial institu-
tions’’ includes the International Bank for Recon-
struction and Development, the International Devel-
opment Association, the Asian Development Bank,
and the International Monetary Fund.
(5) INVESTMENT.—The term ‘‘investment in
Burma’’—
(A) includes any contribution or commit-
ment, for any period of time, of funds, commod-
ities, services, patents, processes, or techniques,
to the Government of Burma, or to any person
or entity in Burma for purposes of financial
gain, in the form of—
(i) a loan or loans;
(ii) the purchase of a share of owner-
ship;
(iii) participation in royalties, earn-
ings, or profits; or
(iv) the furnishing of commodities or
services pursuant to a lease or other con-
tract; and
(B) does not include—
(i) the reinvestment of profits gen-
erated by a controlled Burmese entity into
the same entity;
(ii) contributions of money or other
assets to the extent such contributions are
necessary to enable a controlled Burmese
entity—
(I) to fulfill contractual commit-
ments signed before January 25,
1996; or
(II) to operate in an economically
sound manner, without expanding its
operations; or
(iii) any activity in Burma by any
United States nongovernmental organiza-
tion or any United States private voluntary
organization to—
(I) monitor human rights in
Burma;
(II) monitor labor practices in
Burma; or
(III) monitor and conduct eco-
logical conservation, management, or
training programs.
(6) UNITED
STATES
ASSISTANCE.—The term
‘‘United States assistance’’ means assistance of any
kind which is provided by grant, sale, loan, lease,
credit, guaranty, or insurance, or by any other
means, by any department or agency of the United
States Government to any foreign country.
(7) UNITED
STATES
NATIONAL.—The term
‘‘United States national’’ means—
(A) a natural person who is a citizen of the
United States or who owes permanent alle-
giance to the United States or is an alien ad-
mitted for permanent residence in the United
States, as defined in section 101(a)(20) of the
Immigration and Nationality Act;
(B) a corporation, partnership, or other
business association which is organized under
the laws of the United States, the District of
Columbia, or any commonwealth, territory, or
possession of the United States; or
(C) any other corporation, partnership, or
other business association that is owned or con-
trolled by persons described in subparagraph
(A) or entities described in subparagraph (B).
Æ
HR 2892 IH——2