SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Burmese Freedom and 
Democracy Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The State Peace and Development Council 
(SPDC) has failed to transfer power to the National 
League for Democracy (NLD) whose parliamentar-
ians won an overwhelming victory in the 1990 elec-
tions in Burma. 
(2) The SPDC has failed to enter into meaning-
ful, political dialogue with the NLD and ethnic mi-
norities and has dismissed the efforts of United Na-
tions Special Envoy Razali bin Ismail to further 
such dialogue. 
(3) According to the State Department’s ‘‘Re-
port to the Congress Regarding Conditions in 
Burma and U.S. Policy Toward Burma’’ dated 
March 28, 2003, the SPDC has become ‘‘more 
confrontational’’ in its exchanges with the NLD. 
(4) On May 30, 2003, the SPDC, threatened by 
continued support for the NLD throughout Burma, 
brutally attacked NLD supporters, killed and in-
jured scores of civilians, and arrested democracy ad-
vocate Aung San Suu Kyi and other activists.
(5) The SPDC continues egregious human 
rights violations against Burmese citizens, uses rape 
as a weapon of intimidation and torture against 
women, and forcibly conscripts child-soldiers for the 
use in fighting indigenous ethnic groups. 
(6) The SPDC has demonstrably failed to co-
operate with the United States in stopping the flood 
of heroin and methamphetamines being grown, re-
fined, manufactured, and transported in areas under 
the control of the SPDC serving to flood the region 
and much of the world with these illicit drugs. 
(7) The SPDC provides safety, security, and 
engages in business dealings with narcotics traf-
fickers under indictment by United States authori-
ties, and other producers and traffickers of nar-
cotics. 
(8) The International Labor Organization 
(ILO), for the first time in its 82-year history, 
adopted in 2000, a resolution recommending that 
governments, employers, and workers organizations 
take appropriate measures to ensure that their rela-
tions with the SPDC do not abet the government-
sponsored system of forced, compulsory, or slave 
labor in Burma, and that other international bodies 
reconsider any cooperation they may be engaged in
with Burma and, if appropriate, cease as soon as 
possible any activity that could abet the practice of 
forced, compulsory, or slave labor. 
(9) The SPDC has integrated the Burmese 
military and its surrogates into all facets of the 
economy effectively destroying any free enterprise 
system. 
(10) Investment in Burmese companies and 
purchases from them serve to provide the SPDC 
with currency that is used to finance its instruments 
of terror and repression against the Burmese people. 
(11) On April 15, 2003, the American Apparel 
and Footwear Association expressed its ‘‘strong sup-
port for a full and immediate ban on U.S. textiles, 
apparel and footwear imports from Burma’’ and 
called upon the United States Government to ‘‘im-
pose an outright ban on U.S. imports’’ of these 
items until Burma demonstrates respect for basic 
human and labor rights of its citizens. 
(12) The policy of the United States, as articu-
lated by the President on April 24, 2003, is to offi-
cially recognize the NLD as the legitimate represent-
ative of the Burmese people as determined by the 
1990 election.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILI-
TARY REGIME OF BURMA. 
(a) GENERAL BAN.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, until such time as the President de-
termines and certifies to Congress that Burma has 
met the conditions described in paragraph (3), no 
article may be imported into the United States that 
is produced, mined, manufactured, grown, or assem-
bled in Burma. 
(2) BAN ON IMPORTS FROM CERTAIN COMPA-
NIES.—The import restrictions contained in para-
graph (1) shall apply to, among other entities—
(A) the SPDC, any ministry of the SPDC, 
a member of the SPDC or an immediate family 
member of such member; 
(B) known narcotics traffickers from 
Burma or an immediate family member of such 
narcotics trafficker; 
(C) the Union of Myanmar Economics 
Holdings Incorporated (UMEHI) or any com-
pany in which the UMEHI has a fiduciary in-
terest; 
(D) the Myanmar Economic Corporation 
(MEC) or any company in which the MEC has 
a fiduciary interest;
(E) the Union Solidarity and Development 
Association (USDA); and 
(F) any successor entity for the SPDC, 
UMEHI, MEC, or USDA. 
(3) CONDITIONS
DESCRIBED.—The conditions 
described in this paragraph are the following: 
(A) The SPDC has made substantial and 
measurable progress to end violations of inter-
nationally recognized human rights including 
rape, and the Secretary of State, after consulta-
tion with the ILO Secretary General and rel-
evant nongovernmental organizations, reports to 
the appropriate congressional committees that 
the SPDC no longer systematically violates 
workers rights, including the use of forced and 
child labor, and conscription of child-soldiers. 
(B) The SPDC has made measurable and 
substantial progress toward implementing a 
democratic government including—
(i) releasing all political prisoners; 
(ii) allowing freedom of speech and 
the press; 
(iii) allowing freedom of association; 
(iv) permitting the peaceful exercise of 
religion; and
(v) bringing to a conclusion an agree-
ment between the SPDC and the demo-
cratic forces led by the NLD and Burma’s 
ethnic nationalities on the transfer of 
power to a civilian government accountable 
to the Burmese people through democratic 
elections under the rule of law. 
(C) Pursuant to section 706(2) of the For-
eign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107–228), Burma has not 
been designated as a country that has failed de-
monstrably to make substantial efforts to ad-
here to its obligations under international coun-
ternarcotics agreements and to take other effec-
tive counternarcotics measures, including, but 
not limited to (i) the arrest and extradition of 
all individuals under indictment in the United 
States for narcotics trafficking, (ii) concrete 
and measurable actions to stem the flow of il-
licit drug money into Burma’s banking system 
and economic enterprises, and (iii) actions to 
stop 
the 
manufacture 
and 
export 
of 
methamphetamines. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate
congressional committees’’ means the Committees on 
Foreign Relations and Appropriations of the Senate 
and the Committees on International Relations and 
Appropriations of the House of Representatives. 
(b) WAIVER
AUTHORITIES.—The President may 
waive the prohibitions described in this section for any or 
all products imported from Burma to the United States 
if the President determines and notifies the Committees 
on Appropriations and Foreign Relations of the Senate 
and the Committees on Appropriations, International Re-
lations, and Ways and Means of the House of Representa-
tives that to do so is in the national security interest of 
the United States. 
(c) DURATION OF TRADE BAN.—The President may 
terminate the restrictions contained in this Act upon the 
request of a democratically elected government in Burma, 
provided that all the conditions in subsection (a)(3) have 
been met. 
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN 
THE UNITED STATES. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Treasury shall direct, and 
promulgate regulations to the same, that any United 
States financial institution holding funds belonging to the 
SPDC or the assets of those individuals who hold senior
positions in the SPDC or its political arm, the Union Soli-
darity Development Association, shall promptly report 
those assets to the Office of Foreign Assets Control. The 
Secretary of the Treasury may take such action as may 
be necessary to secure such assets or funds. 
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITU-
TIONS. 
The Secretary of the Treasury shall instruct the 
United States executive director to each appropriate inter-
national financial institution in which the United States 
participates, to oppose, and vote against the extension by 
such institution of any loan or financial or technical assist-
ance to Burma until such time as the conditions described 
in section 3(a)(3) are met. 
SEC. 6. EXPANSION OF VISA BAN. 
(a) IN GENERAL.—
(1) VISA BAN.—The President is authorized to 
deny visas and entry to the former and present lead-
ership of the SPDC or the Union Solidarity Develop-
ment Association. 
(2) UPDATES.—The Secretary of State shall co-
ordinate on a biannual basis with representatives of 
the European Union to ensure that an individual 
who is banned from obtaining a visa by the Euro-
pean Union for the reasons described in paragraph
(1) is also banned from receiving a visa from the 
United States. 
(b) PUBLICATION.—The Secretary of State shall post 
on the Department of State’s website the names of individ-
uals whose entry into the United States is banned under 
subsection (a). 
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINA-
TION OF INFORMATION. 
Congress encourages the Secretary of State to high-
light the abysmal record of the SPDC to the international 
community and use all appropriate fora, including the As-
sociation of Southeast Asian Nations Regional Forum and 
Asian Nations Regional Forum, to encourage other states 
to restrict financial resources to the SPDC and Burmese 
companies while offering political recognition and support 
to Burma’s democratic movement including the National 
League for Democracy and Burma’s ethnic groups. 
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. 
(a) IN GENERAL.—The President is authorized to 
use all available resources to assist Burmese democracy 
activists dedicated to nonviolent opposition to the regime 
in their efforts to promote freedom, democracy, and 
human rights in Burma, including a listing of constraints 
on such programming. 
(b) REPORTS.—
(1) FIRST REPORT.—Not later than 3 months 
after the date of enactment of this Act, the Sec-
retary of State shall provide the Committees on Ap-
propriations and Foreign Relations of the Senate 
and the Committees on Appropriations and Inter-
national Relations of the House of Representatives 
a comprehensive report on its short- and long-term 
programs and activities to support democracy activ-
ists in Burma, including a list of constraints on such 
programming. 
(2) REPORT ON RESOURCES.—Not later than 6 
months after the date of enactment of this Act, the 
Secretary of State shall provide the Committees on 
Appropriations and Foreign Relations of the Senate 
and the Committees on Appropriations and Inter-
national Relations of the House of Representatives 
a report identifying resources that will be necessary 
for the reconstruction of Burma, after the SPDC is 
removed from power, including—
(A) the formation of democratic institu-
tions; 
(B) establishing the rule of law; 
(C) establishing freedom of the press;
(D) providing for the successful reintegra-
tion of military officers and personnel into Bur-
mese society; and 
(E) providing health, educational, and eco-
nomic development.
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