(b) RESTORATION OF HUMANITARIAN ACCESS AND 
ACCOUNTABILITY IN RAKHINE STATE.—Congress calls on 
the Government of Burma, including the Burmese military 
and security forces, to ensure full humanitarian access to 
the State of Rakhine and to cooperate with the ongoing 
international mechanism set up by the United Nations 
Human Rights Council in September 2018 and funded by 
the United Nations General Assembly to gather evidence 
and other information pertaining to allegations of crimes 
against humanity and genocide committed in Burma. 
(c) RIGHTS OF REFUGEES, INTERNALLY DISPLACED 
PERSONS, AND RETURNEES.— 
(1) BURMA.—Congress calls on the Government 
of Burma to— 
(A) ensure that Rohinyga in Burma have 
freedom of movement; 
(B) create conditions for return of those 
displaced from their homes and implement the 
recommendations of the Advisory Commission 
on Rakhine State, which includes full and equal 
citizenship; 
(C) work closely with the international 
community, including the United Nations High 
Commissioner for Refugees, to ensure the dig-
nified, safe, sustainable and voluntary return of 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
all those displaced from their homes, especially 
from Rakhine State, without an unduly high 
burden of proof; and 
(D) offer compensation or restitution to 
those refugees who do not want to return to 
their homes. 
(2) BANGLADESH.—Congress calls on the Gov-
ernment of Bangladesh to— 
(A) ensure that the rights of refugees are 
protected, including through allowing them to 
build more permanent shelters, and ensuring 
equal access to healthcare, basic services, edu-
cation and work; 
(B) work closely with the international 
community, including the United Nations High 
Commissioner for Refugees, to ensure that any 
repatriation or resettlement of refugees be dig-
nified, safe, sustainable and voluntary; and 
(C) ensure that any relocation or local in-
tegration of refugees in Bangladesh be con-
sistent with international humanitarian prin-
ciples, including freedom of movement, and im-
plemented only through voluntary, fully in-
formed consent. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 103. SENSE OF CONGRESS ON FREEDOMS OF PRESS 
AND ASSOCIATION. 
It is the sense of Congress that, in order to promote 
the freedom of the press and speech, the Government of 
Burma should undertake serious legal reforms including 
reform of the Official Secrets Act, 1923, the Unlawful As-
sociation Act, 1908, and the Penal Code. 
SEC. 104. IMPOSITION OF SANCTIONS FOR THE VIOLATION 
OF HUMAN RIGHTS. 
The President shall impose sanctions— 
(1) against officials in Burma, including Com-
mander in Chief of the Armed Forces of Myanmar 
Min Aung Hlaing, under the Global Magnitsky 
Human Rights Accountability Act (22 U.S.C. 2656 
note); and 
(2) against military-owned enterprises, includ-
ing the Myanmar Economic Corporation and Union 
of Myanmar Economic Holding, under the Burmese 
Freedom and Democracy Act (50 U.S.C. 1701 note), 
the Tom Lantos Block Burmese JADE (Junta’s 
Anti-Democratic Efforts) Act of 2008 (50 U.S.C. 
1701 note), and other relevant statutory authorities. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
TITLE 
II—ASSISTANCE 
AND 
SANCTIONS 
WITH 
RESPECT 
TO BURMA 
SEC. 201. AUTHORIZATION TO PROVIDE HUMANITARIAN AS-
SISTANCE. 
There is authorized to be appropriated $220,500,000 
for fiscal year 2020 to provide humanitarian assistance 
for Burma, Bangladesh, and the surrounding region, in-
cluding for the following purposes: 
(1) Assisting the victims of the Burmese mili-
tary’s crimes against humanity targeting Rohingya 
and other ethnic minorities in Rakhine, Kachin, and 
Shan States, including those displaced in Burma, 
Bangladesh, Thailand, and the surrounding region. 
(2) Supporting voluntary resettlement or repa-
triation of such displaced persons in Burma, upon 
the conclusion of genuine agreements developed and 
negotiated with the involvement and consultation of 
such displaced persons. 
(3) Assistance to promote ethnic and religious 
tolerance, combat gender-based violence, and support 
victims of violence and destruction in Rakhine, 
Kachin, and Shan States. 
(4) Supporting programs to investigate and 
document allegations of war crimes, crimes against 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
humanity, and genocide committed in Burma, in-
cluding gender-based violence. 
(5) Supporting access to education for children 
currently living in refugee camps in the surrounding 
region, and access to higher education in Ban-
gladesh. 
(6) Assisting minority ethnic groups and civil 
society in Burma to help sustain cease-fire agree-
ments and further prospects for reconciliation and 
sustainable peace. 
(7) Promoting ethnic minority inclusion and 
participation in Burma’s political processes. 
SEC. 202. LIMITATION ON SECURITY ASSISTANCE AND SE-
CURITY COOPERATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), for the period beginning on the date of the enactment 
of this Act and ending on the date described in subsection 
(c), the United States may not provide any security assist-
ance or engage in any security cooperation with any of 
the military or security forces of Burma. 
(b) EXCEPTIONS; WAIVER.— 
(1) EXCEPTIONS.— 
(A) CERTAIN
EXISTING
AUTHORITIES.— 
Notwithstanding subsection (a), the Secretary 
of Defense shall retain the authority granted by 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
section 1253 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (22 U.S.C. 2151 
note). The limitation in subsection (a) of this 
section may not be construed to limit the au-
thority to provide the Government of Burma 
with assistance necessary to make available the 
activities described in subsection (a) of such 
section 1253. 
(B) HOSPITALITY.—Notwithstanding sub-
section (a), the Secretary of State and the 
United States Agency for International Devel-
opment may provide assistance authorized 
under part I of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.) to provide hospi-
tality during research, dialogues, meetings, or 
other activities by the parties attending the 
Union 
Peace 
Conference 
21st 
Century 
Panglong or related processes seeking inclusive, 
sustainable reconciliation. 
(2) WAIVER.—The Secretary of State, with re-
spect to security assistance, and the Secretary of 
State in consultation with the Secretary of Defense, 
with respect to security cooperation programs and 
activities of the Department of Defense, may waive 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
on a case-by-case basis the limitation under sub-
section (a) if the Secretary submits to the appro-
priate congressional committees, not later than 30 
days before such waiver enters into effect— 
(A) a list of the activities and participants 
to which such waiver would apply; 
(B) a certification, including a justifica-
tion, that the waiver is in the national security 
interest of the United States; and 
(C) a certification that none of the partici-
pants included in the list described in subpara-
graph (A) have committed any of the acts de-
scribed in subparagraph (A) or (B) of section 
203(a)(1) or committed any other gross viola-
tion of human rights, as such term is defined 
for purposes of section 362 of title 10, United 
States Code. 
(c) CERTIFICATION OF SIGNIFICANT PROGRESS.— 
The date described in this subsection is the earlier of the 
date that is 8 years after the date of the enactment of 
this Act or the date on which the Secretary of State cer-
tifies to the appropriate congressional committees the fol-
lowing: 
(1) The military and security forces of 
Burma— 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(A) have demonstrated significant progress 
in abiding by international human rights stand-
ards and are undertaking meaningful security 
sector reform, including reforms that enhance 
transparency and accountability, to prevent fu-
ture abuses; 
(B) adhere to international humanitarian 
law; 
(C) pledge to stop future human rights 
abuses; 
(D) support efforts to carry out com-
prehensive independent investigations of alleged 
abuses; 
(E) are taking steps to hold accountable 
any members of such forces determined to be 
responsible for human rights abuses; and 
(F) cease their attacks against ethnic mi-
nority groups and participate in the conclusion 
of a nationwide cease-fire agreement, political 
accommodation, and constitutional change, in-
cluding the provision of citizenship to the 
Rohingya. 
(2) The Government of Burma, including the 
military and security forces— 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(A) allows full humanitarian access to 
communities in areas affected by conflict, in-
cluding Rohingya communities in Rakhine 
State; 
(B) cooperates with the United Nations 
High Commissioner for Refugees and organiza-
tions affiliated with the United Nations to en-
sure the protection of displaced persons and the 
safe, voluntary, sustainable, and dignified re-
turn of refugees and internally displaced per-
sons; 
(C) defines a transparent plan that in-
cludes— 
(i) a timeline for professionalizing the 
military and security forces; and 
(ii) a process by which the military 
withdraws from ownership or control of 
private-sector business enterprises and 
ceases involvement in the illegal trade in 
natural resources and narcotics; and 
(D) establishes civilian control over the fi-
nances and assets of its military and security 
forces, including that military expenditures are 
subject to civilian oversight. 
(d) REPORT.— 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Secretary of Defense and the 
Secretary of State shall submit to the appropriate 
congressional committees a report on the strategy 
and plans for military-to-military engagement be-
tween the United States Armed Forces and the mili-
tary and security forces of Burma. 
(2) ELEMENTS
REQUIRED.—The report re-
quired under paragraph (1) shall include the fol-
lowing: 
(A) A description and assessment of the 
Government of Burma’s strategy for security 
sector reform, including any plans to withdraw 
the military from owning or controlling private- 
sector business entities and end involvement in 
the illegal trade in jade and other natural re-
sources, reforms to end corruption and illicit 
drug trafficking, and constitutional reforms to 
ensure civilian control. 
(B) A list of ongoing military activities 
conducted by the United States Government 
with the Government of Burma, and a descrip-
tion of the United States strategy for future 
military-to-military engagements between the 
VerDate Sep 11 2014 
20:43 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
United States and Burma’s military and secu-
rity forces. 
(C) An assessment of the progress of the 
military and security forces of Burma towards 
developing a framework to implement human 
right reforms, including— 
(i) cooperation with civilian authori-
ties and independent international inves-
tigations to investigate and prosecute cases 
of human rights abuses; 
(ii) steps taken to demonstrate respect 
for and implementation of the laws of war; 
and 
(iii) a description of the elements of 
the military-to-military engagement be-
tween the United States and Burma that 
promote such implementation. 
(D) An assessment of progress on the 
peaceful settlement of armed conflicts between 
the Government of Burma and ethnic minority 
groups, including actions taken by the military 
of Burma to adhere to cease-fire agreements, 
allow for safe, voluntary, sustainable, and dig-
nified returns of displaced persons to their 
homes, and withdraw forces from conflict zones. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(E) An assessment of the manner and ex-
tent to which the Burmese military recruits and 
uses children as soldiers. 
(F) An assessment of the Burmese’s mili-
tary’s use of violence against women, sexual vio-
lence, or other gender-based violence as a tool 
of terror, war, or ethnic cleansing. 
(e) FORM.— 
(1) IN GENERAL.—The certification described 
in subsection (c) and the report required by sub-
section (d) shall be submitted in unclassified form 
but may include a classified annex. 
(2) 
CERTIFICATION.—The 
certification 
de-
scribed in subsection (c) shall be accompanied by a 
written justification in unclassified form, that may 
contain a classified annex, describing the Burmese 
military’s efforts to implement reforms, end impu-
nity for human rights abuses, and increase trans-
parency and accountability. 
SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO 
HUMAN RIGHTS ABUSES IN BURMA. 
(a) IN GENERAL.—For the 8-year period beginning 
on the date that is 270 days after the date of the enact-
ment of this Act, the President shall impose the sanctions 
described in subsection (b) with respect to each foreign 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
person that the President determines, based on credible 
evidence— 
(1) is a current or former senior official of the 
military or security forces of Burma who— 
(A) knowingly perpetrated, ordered, or oth-
erwise directed serious human rights abuses in 
Burma; or 
(B) has taken significant steps to impede 
investigations or prosecutions of alleged serious 
human rights abuses, including against the 
Rohingya community in Rakhine State; 
(2) is an entity owned or controlled by any per-
son described in paragraph (1); 
(3) is an entity, such as the Myanmar Eco-
nomic Cooperation or the Myanmar Economic Hold-
ing Corporation, that is owned or controlled, directly 
or indirectly, by the military or security forces of 
Burma, including through collective or cooperative 
structures, from which one or more persons de-
scribed in paragraph (1) derive significant revenue 
or financial benefit; or 
(4) has knowingly— 
(A) provided significant financial, material, 
or technological support— 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(i) to a foreign person described in 
paragraph (1) in furtherance of any of the 
acts described in subparagraph (A) or (B) 
of such paragraph; or 
(ii) to any entity owned or controlled 
by such person or an immediate family 
member of such person; or 
(B) received significant financial, material, 
or technological support from a foreign person 
described in paragraph (1) or an entity owned 
or controlled by such person or an immediate 
family member of such person. 
(b) SANCTIONS DESCRIBED; EXCEPTIONS.— 
(1) SANCTIONS.—The sanctions described in 
this subsection are the following: 
(A) ASSET
BLOCKING.—Notwithstanding 
the requirements of section 202 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1701), the exercise of all powers granted 
to the President by such Act to the extent nec-
essary to block and prohibit all transactions in 
all property and interests in property of a for-
eign person the President determines meets one 
or more of the criteria described in subsection 
(a) if such property and interests in property 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
are in the United States, come within the 
United States, or are or come within the pos-
session or control of a United States person. 
(B) ALIENS INADMISSIBLE FOR VISAS, AD-
MISSION, OR PAROLE.— 
(i) VISAS, ADMISSION, OR PAROLE.— 
An alien who the Secretary of State or the 
Secretary of Homeland Security (or a des-
ignee of one of such Secretaries) knows, or 
has reason to believe, meets any of the cri-
teria described in subsection (a) is— 
(I) inadmissible to the United 
States; 
(II) ineligible to receive a visa or 
other documentation to enter the 
United States; and 
(III) otherwise ineligible to be 
admitted or paroled into the United 
States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISAS REVOKED.— 
(I) IN
GENERAL.—The issuing 
consular officer or the Secretary of 
State (or a designee of the Secretary 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
of State) shall, in accordance with 
section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)), 
revoke any visa or other entry docu-
mentation issued to an alien described 
in clause (i) regardless of when the 
visa or other entry documentation is 
issued. 
(II) EFFECT OF REVOCATION.— 
A revocation under subclause (I) shall 
take effect immediately and shall 
automatically cancel any other valid 
visa or entry documentation that is in 
the alien’s possession. 
(2) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under paragraph (1)(B) shall not apply with respect 
to an alien if admitting or paroling the alien into the 
United States is necessary to permit the United 
States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake 
Success June 26, 1947, and entered into force No-
vember 21, 1947, between the United Nations and 
the United States, or other applicable international 
obligations. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(c) PENALTIES.—Any person that violates, attempts 
to violate, conspires to violate, or causes a violation of this 
section or any regulation, license, or order issued to carry 
out subsection (b) shall be subject to the penalties set 
forth in subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 U.S.C. 
1705) to the same extent as a person that commits an 
unlawful act described in subsection (a) of that section. 
(d) IMPLEMENTATION.—The President may exercise 
all authorities provided under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 
U.S.C. 1702 and 1704) to carry out this section and shall 
issue such regulations, licenses, and orders as are nec-
essary to carry out this section. 
(e) EXCEPTION RELATING TO THE IMPORTATION OF 
GOODS.— 
(1) IN GENERAL.—The authorities and require-
ments to impose sanctions authorized under this Act 
shall not include the authority or requirement to im-
pose sanctions on the importation of goods. 
(2) GOOD
DEFINED.—In this subsection, the 
term ‘‘good’’ means any article, natural or man- 
made substance, material, supply or manufactured 
product, including inspection and test equipment, 
and excluding technical data. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(f) WAIVER.—The President may annually waive the 
application of sanctions imposed on a foreign person pur-
suant to subsection (a) if the President— 
(1) determines that a waiver with respect to 
such foreign person is in the national interest of the 
United States; and 
(2) not later than the date on which such waiv-
er will take effect, submits to the following commit-
tees notice of and justification for such waiver: 
(A) The Committee on Foreign Affairs, the 
Committee on Appropriations, and the Com-
mittee on Financial Services of the House of 
Representatives. 
(B) The Committee on Foreign Relations, 
the Committee on Appropriations, and the 
Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(g) DEFINITIONS.—In this section— 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1001). 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(3) 
KNOWINGLY.—The 
term 
‘‘knowingly’’ 
means, with respect to conduct, a circumstance, or 
a result, means that a person has actual knowledge, 
or should have known, of the conduct, the cir-
cumstance, or the result. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen, an alien law-
fully admitted for permanent residence to the 
United States, or any other individual subject 
to the jurisdiction of the United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such entity. 
TITLE III—GOVERNANCE OF THE 
BURMESE MINING AND GEM-
STONE SECTORS 
SEC. 301. SENSE OF CONGRESS ON THE MINING SECTOR OF 
BURMA. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2015, the nongovernmental organization 
Global Witness estimated that the value of total pro-
duction 
of 
jade 
in 
Burma 
in 
2014 
was 
$31,000,000,000, almost 48 percent of the official 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
gross domestic product of Burma. As much as 80 
percent of that jade sold is smuggled out of Burma. 
(2) Burma’s military and associated entities, in-
cluding companies owned or controlled by Myanmar 
Economic Corporation and Myanmar Economic 
Holding Limited, their affiliated companies, and 
companies owned or controlled by current and 
former senior military officers or their family mem-
bers, are linked to the mining sector, including the 
gemstone industry, and benefit financially from 
widespread illegal smuggling of jade and rubies from 
Burma. 
(3) 
Illegal 
trafficking 
in 
precious 
and 
semiprecious stones from Burma, including the trade 
in high-value jade and rubies, deprives the people of 
Burma and the civilian government of critical rev-
enue and instead benefits military-linked entities, 
non-state armed groups, and transnational organized 
criminal networks. 
(4) In 2016, the Government of Burma began 
to take steps to reform aspects of the mining sector, 
including— 
(A) improving governance in the gemstone 
industry, 
by 
temporarily 
suspending 
the 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
issuance or renewal of jade and gemstone min-
ing permits; 
(B) commissioning an environmental man-
agement plan for some mining areas; and 
(C) establishing the multi-stakeholder Jade 
and Gemstone Support Committee under the 
Ministry of Natural Resources and Environ-
mental Conservation to develop recommenda-
tions for a new industry-wide policy and limited 
gemstone 
payment 
disclosures 
under 
the 
Myanmar Extractives Industry Transparency 
Initiative. 
(5) In January 2019, the Government of 
Burma adopted a new Gemstone Law that does not 
adequately address corruption and tax avoidance, 
conflicts of interest, or the factors fueling conflict in 
Kachin State and other gemstone mining areas. 
(6) The lifting in October 2016 of United 
States sanctions on the importation of jade and 
jadeite and rubies from Burma allowed such 
gemstones to legally enter the United States market, 
but some retailers have refrained from sourcing 
gemstones of Burmese origin due to governance and 
reputational concerns. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) notwithstanding Burma’s ‘‘Trafficking in 
Persons’’ ranking, the President should continue to 
provide assistance to Burma, pursuant to the waiver 
authority under section 110(d)(4) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 
7107(d)(4)), in order to re-engage with the Govern-
ment of Burma with respect to the mining sector 
and should make available technical, capacity-build-
ing and other assistance through the Department of 
State or the United States Agency for International 
Development to support the Government of Burma 
in efforts to reform the gemstone industry; and 
(2) companies that seek to import to the United 
States gemstones or minerals that may be of Bur-
mese origin or articles of jewelry containing such 
gemstones should— 
(A) obtain such materials exclusively from 
entities that satisfy the transparency criteria 
described in section section 302(b)(2) or from 
third parties that can demonstrate that they 
sourced the materials from entities that meet 
such criteria; and 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(B) undertake robust due diligence proce-
dures in line with the ‘‘Due Diligence Guidance 
for Responsible Business Conduct’’ and ‘‘Due 
Diligence Guidance for Responsible Supply 
Chains of Minerals from Conflict-Affected and 
High-Risk Areas’’ promulgated by the Organi-
zation for Economic Cooperation and Develop-
ment. 
SEC. 302. GUIDANCE RELATING TO RESPONSIBILITY AND 
TRANSPARENCY IN THE MINING SECTOR OF 
BURMA. 
(a) LIST
OF PARTICIPATING WHITE-LIST ENTI-
TIES.—Not later than 120 days after the date of the en-
actment of this Act, and annually thereafter until the date 
described in subsection (e), the Secretary of State shall 
submit to the appropriate congressional committees, and 
publish on a publicly available website, a list of each entity 
described in subsection (b)(1) that— 
(1) participates in Burma’s mining sector; 
(2) publicly discloses beneficial ownership, as 
such term is defined for purposes of the Myanmar 
Extractive 
Industry 
Transparency 
Initiative 
(‘‘Myanmar EITI’’); 
(3) is not owned or controlled, either directly or 
indirectly, by the Burmese military or security 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
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. 
(B) The entity publicly discloses valid au-
thorization, license, or permit to produce, proc-
ess, sell, or export minerals or gemstones, as 
applicable. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(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), 
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 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
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-
servation law, and other applicable laws and 
regulations; and 
(B) uphold occupational health and safety 
standards and codes of conduct that are aligned 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
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. 
(8) Establish effective oversight of state-owned 
enterprises operating in such sector, including 
through parliamentary oversight or requirements for 
independent financial auditing. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
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 
paragraph (1) amount to war crimes, crimes against 
humanity, or genocide; and 
(4) includes a determination of the Secretary 
whether— 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(A) the events that took place in the state 
of Rakhine in Burma, starting on August 25, 
2017, constitute war crimes, crimes against hu-
manity, or genocide; or 
(B) the situation faced by the Rohingya in 
Rakhine State, between 2012 and the date of 
the submission of the report, amounts to or has 
amounted to the crime of apartheid. 
(b) ELEMENTS.—The report required by subsection 
(a) shall also include each of the following: 
(1) A description of— 
(A) each incident for which there is cred-
ible evidence that the incident may constitute 
war crimes, crimes against humanity, or geno-
cide committed by the Burmese military or se-
curity forces against the Rohingya and other 
ethnic minorities, including the identities of any 
other actors involved in such incident; 
(B) the role of the civilian government in 
the commission of any such incidents; 
(C) each incident for which there is cred-
ible evidence that the incident may constitute 
war crime, crimes against humanity, or geno-
cide committed by violent extremist groups in 
Burma; 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(D) each attack on health workers, health 
facilities, health transport, or patients and, to 
the extent possible, the identities of any individ-
uals who engaged in or organized such incidents 
in Burma; and 
(E) to the extent possible, a description of 
the conventional and unconventional weapons 
used for any such crimes and the sources of 
such weapons. 
(2) A description and assessment, in consulta-
tion with the Administrator of the United States 
Agency for International Development, the Attorney 
General, and other heads of any other appropriate 
Federal departments or agencies, of the effectiveness 
of any programs that the United States has already 
undertaken to ensure accountability for war crimes, 
crimes against humanity, and genocide perpetrated 
against the Rohingya by the military and security 
forces of Burma, the Rakhine State government, 
pro-government militias, and all other armed groups 
operating fighting in Rakhine, including programs 
to— 
(A) train civilian investigators within and 
outside of Burma and Bangladesh on how to 
document, investigate, develop findings of, iden-
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
tify, and locate alleged perpetrators of war 
crimes, crimes against humanity, or genocide in 
Burma; 
(B) promote and prepare for a transitional 
justice process or processes for the perpetrators 
of war crimes, crimes against humanity, and 
genocide occurring in the State of Rakhine in 
2017; and 
(C) document, collect, preserve, and pro-
tect evidence of war crimes, crimes against hu-
manity, and genocide in Burma, including by 
providing support for Burmese, Bangladeshi, 
foreign, and international nongovernmental or-
ganizations, the United Nations Human Rights 
Council’s investigative team, and other entities 
engaged in such investigative activities. 
(3) A detailed study of the feasibility and desir-
ability of potential transitional justice mechanisms 
for Burma, such as an international tribunal, a hy-
brid tribunal, or other international options, that in-
cludes— 
(A) a discussion of the use of universal ju-
risdiction or of legal cases brought against the 
country of Burma by other sovereign countries 
at the International Court of Justice to address 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
war crimes, crimes against humanity, and geno-
cide perpetrated in Burma; 
(B) recommendations on which transitional 
justice mechanisms the United States should 
support, why such mechanisms should be sup-
ported, and what type of support should be of-
fered; and 
(C) close consultation regarding transi-
tional justice mechanisms with Rohingya rep-
resentatives and those of other ethnic minorities 
who have suffered grave human rights abuses. 
(c) PROTECTION OF WITNESSES AND EVIDENCE.— 
The Secretary of State shall ensure that the identification 
of witnesses and physical evidence for purposes of the re-
port required by subsection (a) are not publicly disclosed 
in a manner that might place such persons at risk of harm 
or encourage the destruction of such evidence by the mili-
tary or Government of Burma. 
(d) CRIME OF APARTHEID.—In this section, the term 
‘‘crime of apartheid’’ means inhumane acts that— 
(1) are of a character similar to the acts re-
ferred to in subparagraphs (A) through (H) of sec-
tion 2(2); 
(2) are committed in the context of an institu-
tionalized regime of systematic oppression and domi-
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
nation by one racial group over any other racial 
group; and 
(3) are committed with the intention of main-
taining such regime. 
SEC. 402. AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE FOR EFFORTS AGAINST HUMAN 
RIGHTS ABUSES. 
(a) IN GENERAL.—The Secretary of State is author-
ized to provide assistance to support appropriate civilian 
or international entities that are undertaking the efforts 
described in subsection (b) with respect to war crimes, 
crimes against humanity, and genocide perpetrated by the 
military and security forces of Burma, the Rakhine State 
government, pro-government militias, or any other armed 
groups fighting in Rakhine State. 
(b) EFFORTS AGAINST HUMAN RIGHTS ABUSES.— 
The efforts described in this subsection are the following: 
(1) Identifying suspected perpetrators of war 
crimes, crimes against humanity, and genocide. 
(2) Collecting, documenting, and protecting evi-
dence of such crimes and preserve the chain of cus-
tody for such evidence. 
(3) Conducting criminal investigations. 
(4) Supporting investigations conducted by 
other countries, as appropriate. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(c) AUTHORIZATION
FOR TRANSITIONAL JUSTICE 
MECHANISMS.—The Secretary of State, taking into ac-
count any relevant findings in the report required by sec-
tion 401(a), is authorized to provide support for the cre-
ation and operation of transitional justice mechanisms, in-
cluding a potential hybrid tribunal, to prosecute individ-
uals suspected of committing war crimes, crimes against 
humanity, or genocide in Burma. 
SEC. 403. STRATEGY FOR PROMOTING ECONOMIC DEVEL-
OPMENT IN BURMA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
the Secretary of the Treasury, and the Administrator of 
the United States Agency for International Development 
shall jointly submit to the appropriate congressional com-
mittees a strategy to support sustainable, inclusive and 
broad-based economic development in Burma, in accord-
ance with the priorities of disadvantaged communities in 
Burma and in consultation with relevant civil society and 
local stakeholders, to improve economic conditions and 
government transparency. 
(b) ELEMENTS.—The strategy required by subsection 
(a) to promote sustainable, inclusive and broad-based eco-
nomic development shall include a plan with each of the 
following elements: 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(1) Measures to diversify control over and ac-
cess to participation in key industries and sectors, 
including efforts to remove barriers and increase 
competition, access, and opportunity in sectors domi-
nated by officials of the Burmese military, former 
military 
officials, 
and 
their 
families, 
and 
businesspeople connected to the military of Burma, 
with the goal of eliminating the role of the military 
in the economy of Burma. 
(2) Measures to increase transparency disclo-
sure requirements in key sectors of the economy of 
Burma, to promote responsible investment, including 
through— 
(A) efforts to provide technical support to 
develop and implement policy reforms related to 
public disclosure of the beneficial owners of en-
tities in key sectors identified by the Govern-
ment of Burma, specifically by— 
(i) working with the Government of 
Burma to require the disclosure of the ulti-
mate beneficial ownership of entities in the 
mining industry and the publication of 
project revenues, payments, and contract 
terms relating to that industry; and 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(ii) ensuring that reforms complement 
the disclosures required to be put in place 
in Burma as a result of its participation in 
the Extractives Industry Transparency Ini-
tiative; and 
(B) efforts to promote universal access to 
reliable, affordable, energy efficient, and sus-
tainable power, including leveraging United 
States assistance to support reforms in the 
power sector and electrification projects that in-
crease energy access, in partnership with multi-
lateral organizations and the private sector. 
(3) Measures to create an enabling environment 
for economic growth and opportunity for all ethnic 
groups residing in Burma, including through ad-
dressing issues related to land tenure. 
(4) An identification of needs and opportunities 
to provide technical assistance to key ministries, in-
stitutions, and organizations to enact economic re-
forms, including revisions to existing policies on pub-
lic disclosure of beneficial ownership of companies in 
key sectors that will allow for identification of those 
seeking or securing access to Burma’s most valuable 
natural resources. 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
(c) CONSULTATION REQUIRED.—In developing the 
strategy required by subsection (a), the Secretary of State 
shall consult with appropriate officials of the Government 
of Burma, ethnic groups and civil society leaders in 
Burma. 
(d) REPORT ON IMPLEMENTATION.—Not later than 
180 days after the date of the submission of the strategy 
required by subsection (a), the Secretary of State, the Sec-
retary of the Treasury, and the Administrator of the 
United States Agency for International Development shall 
jointly submit to the appropriate congressional committees 
a report in unclassified form, that may contain a classified 
annex, that describes— 
(1) the extent to which United States assistance 
and the efforts of the Government of Burma have 
promoted inclusive and enduring economic develop-
ment in accordance with such strategy; and 
(2) the efforts undertaken, progress achieved, 
and any next steps planned by either the United 
States or the Government of Burma with respect 
to— 
(A) the elements in section 401(b); 
(B) the promotion of accountability and 
transparency, including through the collection, 
verification, and publication of beneficial owner-
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS
ship information related to extractive industries; 
and 
(C) the promotion of best practices regard-
ing— 
(i) environmental conservation, man-
agement, and planning; 
(ii) social impact assessments, includ-
ing social and cultural protection and free, 
prior, and informed consent and meaning-
ful participation of local populations, par-
ticularly minority ethnic nationalities; and 
(iii) avoidance of displacement of local 
populations without meaningful consulta-
tion and consent, harm mitigation, and 
compensation. 
Æ 
VerDate Sep 11 2014 
05:04 Jun 14, 2019
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6301
E:\BILLS\H3190.IH
H3190
pamtmann on DSKBFK8HB2PROD with BILLS