H. R. 3890 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To impose sanctions on officials of the State Peace and Development Council in 
Burma, to amend the Burmese Freedom and Democracy Act of 2003 to exempt 
humanitarian assistance from United States sanctions on Burma, to prohibit 
the importation of gemstones from Burma, or that originate in Burma, to promote 
a coordinated international effort to restore civilian democratic rule to Burma, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tom Lantos Block Burmese 
JADE (Junta’s Anti-Democratic Efforts) Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Beginning on August 19, 2007, hundreds of thousands 
of citizens of Burma, including thousands of Buddhist monks 
and students, participated in peaceful demonstrations against 
rapidly deteriorating living conditions and the violent and 
repressive policies of the State Peace and Development Council 
(SPDC), the ruling military regime in Burma— 
(A) to demand the release of all political prisoners, 
including 1991 Nobel Peace Prize winner Aung San Suu 
Kyi; and 
(B) to urge the regime to engage in meaningful dialogue 
to pursue national reconciliation. 
(2) The Burmese regime responded to these peaceful pro-
tests with a violent crackdown leading to the reported killing 
of approximately 200 people, including a Japanese photo-
journalist, and hundreds of injuries. Human rights groups fur-
ther estimate that over 2,000 individuals have been detained, 
arrested, imprisoned, beaten, tortured, or otherwise intimidated 
as part of this crackdown. Burmese military, police, and their 
affiliates in the Union Solidarity Development Association 
(USDA) perpetrated almost all of these abuses. The Burmese 
regime continues to detain, torture, and otherwise intimidate 
those individuals whom it believes participated in or led the 
protests and it has closed down or otherwise limited access 
to several monasteries and temples that played key roles in 
the peaceful protests. 
(3) The Department of State’s 2006 Country Reports on 
Human Rights Practices found that the SPDC— 
(A) routinely restricts freedoms of speech, press, 
assembly, association, religion, and movement;
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(B) traffics in persons; 
(C) discriminates against women and ethnic minorities; 
(D) forcibly recruits child soldiers and child labor; and 
(E) commits other serious violations of human rights, 
including extrajudicial killings, custodial deaths, disappear-
ances, rape, torture, abuse of prisoners and detainees, and 
the imprisonment of citizens arbitrarily for political 
motives. 
(4) Aung San Suu Kyi has been arbitrarily imprisoned 
or held under house arrest for more than 12 years. 
(5) In October 2007, President Bush announced a new 
Executive Order to tighten economic sanctions against Burma 
and block property and travel to the United States by certain 
senior leaders of the SPDC, individuals who provide financial 
backing for the SPDC, and individuals responsible for human 
rights violations and impeding democracy in Burma. Additional 
names were added in updates done on October 19, 2007, and 
February 5, 2008. However, only 38 discrete individuals and 
13 discrete companies have been designated under those sanc-
tions, once aliases and companies with similar names were 
removed. By contrast, the Australian Government identified 
more than 400 individuals and entities subject to its sanctions 
applied in the wake of the 2007 violence. The European Union’s 
regulations to implement sanctions against Burma have identi-
fied more than 400 individuals among the leadership of govern-
ment, the military, and the USDA, along with nearly 1300 
state and military-run companies potentially subject to its sanc-
tions. 
(6) The Burmese regime and its supporters finance their 
ongoing violations of human rights, undemocratic policies, and 
military activities in part through financial transactions, travel, 
and trade involving the United States, including the sale of 
petroleum products, gemstones and hardwoods. 
(7) In 2006, the Burmese regime earned more than $500 
million from oil and gas projects, over $500 million from sale 
of hardwoods, and in excess of $300 million from the sale 
of rubies and jade. At least $500 million of the $2.16 billion 
earned in 2006 from Burma’s two natural gas pipelines, one 
of which is 28 percent owned by a United States company, 
went to the Burmese regime. The regime has earned smaller 
amounts from oil and gas exploration and non-operational pipe-
lines but United States investors are not involved in those 
transactions. Industry sources estimate that over $100 million 
annually in Burmese rubies and jade enters the United States. 
Burma’s official statistics report that Burma exported $500 
million in hardwoods in 2006 but NGOs estimate the true 
figure to exceed $900 million. Reliable statistics on the amount 
of hardwoods imported into the United States from Burma 
in the form of finished products are not available, in part 
due to widespread illegal logging and smuggling. 
(8) The SPDC seeks to evade the sanctions imposed in 
the Burmese Freedom and Democracy Act of 2003. Millions 
of dollars in gemstones that are exported from Burma ulti-
mately enter the United States, but the Burmese regime 
attempts to conceal the origin of the gemstones in an effort 
to evade sanctions. For example, according to gem industry 
experts, over 90 percent of the world’s ruby supply originates
H. R. 3890—3 
in Burma but only 3 percent of the rubies entering the United 
States are claimed to be of Burmese origin. The value of Bur-
mese gemstones is predominantly based on their original 
quality and geological origin, rather than the labor involved 
in cutting and polishing the gemstones. 
(9) According to hardwood industry experts, Burma is home 
to approximately 60 percent of the world’s native teak reserves. 
More than 1⁄4 of the world’s internationally traded teak origi-
nates from Burma, and hardwood sales, mainly of teak, rep-
resent more than 11 percent of Burma’s official foreign 
exchange earnings. 
(10) The SPDC owns a majority stake in virtually all enter-
prises responsible for the extraction and trade of Burmese 
natural resources, including all mining operations, the 
Myanmar Timber Enterprise, the Myanmar Gems Enterprise, 
the Myanmar Pearl Enterprise, and the Myanmar Oil and 
Gas Enterprise. Virtually all profits from these enterprises 
enrich the SPDC. 
(11) On October 11, 2007, the United Nations Security 
Council, with the consent of the People’s Republic of China, 
issued a statement condemning the violence in Burma, urging 
the release of all political prisoners, and calling on the SPDC 
to enter into a United Nations-mediated dialogue with its polit-
ical opposition. 
(12) The United Nations special envoy Ibrahim Gambari 
traveled to Burma from September 29, 2007, through October 
2, 2007, holding meetings with SPDC leader General Than 
Shwe and democracy advocate Aung San Suu Kyi in an effort 
to promote dialogue between the SPDC and democracy advo-
cates. 
(13) The leaders of the SPDC will have a greater incentive 
to cooperate with diplomatic efforts by the United Nations, 
the Association of Southeast Asian Nations, and the People’s 
Republic of China if they come under targeted economic pres-
sure that denies them access to personal wealth and sources 
of revenue. 
(14) On the night of May 2, 2008, through the morning 
of May 3, 2008, tropical cyclone Nargis struck the coast of 
Burma, resulting in the deaths of tens of thousands of Burmese. 
(15) The response to the cyclone by Burma’s military 
leaders illustrates their fundamental lack of concern for the 
welfare of the Burmese people. The regime did little to warn 
citizens of the cyclone, did not provide adequate humanitarian 
assistance to address basic needs and prevent loss of life, and 
continues to fail to provide life-protecting and life-sustaining 
services to its people. 
(16) The international community responded immediately 
to the cyclone and attempted to provide humanitarian assist-
ance. More than 30 disaster assessment teams from 18 different 
nations and the United Nations arrived in the region, but 
the Burmese regime denied them permission to enter the 
country. Eventually visas were granted to aid workers, but 
the regime continues to severely limit their ability to provide 
assistance in the affected areas. 
(17) Despite the devastation caused by Cyclone Nargis, 
the junta went ahead with its referendum on a constitution 
drafted by an illegitimate assembly, conducting voting in
H. R. 3890—4 
unaffected areas on May 10, 2008, and in portions of the 
affected Irrawaddy region and Rangoon on May 26, 2008. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE-THROUGH 
ACCOUNT.—The terms ‘‘account’’, ‘‘correspondent account’’, and 
‘‘payable-through account’’ have the meanings given the terms 
in section 5318A(e)(1) of title 31, United States Code. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Relations of the Senate; 
(B) the Committee on Finance of the Senate; 
(C) the Committee on Foreign Affairs of the House 
of Representatives; and 
(D) the Committee on Ways and Means of the House 
of Representatives. 
(3) ASEAN.—The term ‘‘ASEAN’’ means the Association 
of Southeast Asian Nations. 
(4) PERSON.—The term ‘‘person’’ means— 
(A) an individual, corporation, company, business 
association, partnership, society, trust, any other non-
governmental entity, organization, or group; and 
(B) any successor, subunit, or subsidiary of any person 
described in subparagraph (A). 
(5) SPDC.—The term ‘‘SPDC’’ means the State Peace and 
Development Council, the ruling military regime in Burma. 
(6) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means any United States citizen, permanent resident 
alien, juridical person organized under the laws of the United 
States (including foreign branches), or any person in the United 
States. 
SEC. 4. STATEMENT OF POLICY. 
It is the policy of the United States to— 
(1) condemn the continued repression carried out by the 
SPDC; 
(2) work with the international community, especially the 
People’s Republic of China, India, Thailand, and ASEAN, to 
foster support for the legitimate democratic aspirations of the 
people of Burma and to coordinate efforts to impose sanctions 
on those directly responsible for human rights abuses in Burma; 
(3) provide all appropriate support and assistance to aid 
a peaceful transition to constitutional democracy in Burma; 
(4) support international efforts to alleviate the suffering 
of Burmese refugees and address the urgent humanitarian 
needs of the Burmese people; and 
(5) identify individuals responsible for the repression of 
peaceful political activity in Burma and hold them accountable 
for their actions. 
SEC. 5. SANCTIONS. 
(a) VISA BAN.— 
(1) IN GENERAL.—The following persons shall be ineligible 
for a visa to travel to the United States: 
(A) Former and present leaders of the SPDC, the Bur-
mese military, or the USDA.
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(B) Officials of the SPDC, the Burmese military, or 
the USDA involved in the repression of peaceful political 
activity or in other gross violations of human rights 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 who provide substan-
tial economic and political support for the SPDC, the Bur-
mese military, or the USDA. 
(D) The immediate family members of any person 
described in subparagraphs (A) through (C). 
(2) WAIVER.—The President may waive the visa ban 
described in paragraph (1) only if the President determines 
and certifies in writing to Congress that travel by the person 
seeking such a waiver is in the national interests of the United 
States. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to conflict with the provisions of section 
694 of the Consolidated Appropriations Act, 2008 (Public Law 
110–161), nor shall this subsection be construed to make ineli-
gible for a visa members of ethnic groups in Burma now or 
previously opposed to the regime who were forced to provide 
labor or other support to the Burmese military and who are 
otherwise eligible for admission into the United States. 
(b) FINANCIAL SANCTIONS.— 
(1) BLOCKED PROPERTY.—No property or interest in prop-
erty belonging to a person described in subsection (a)(1) may 
be transferred, paid, exported, withdrawn, or otherwise dealt 
with if— 
(A) the property is located in the United States or 
within the possession or control of a United States person, 
including the overseas branch of a United States person; 
or 
(B) the property comes into the possession or control 
of a United States person after the date of the enactment 
of this Act. 
(2) FINANCIAL
TRANSACTIONS.—Except with respect to 
transactions authorized under Executive Orders 13047 (May 
20, 1997) and 13310 (July 28, 2003), no United States person 
may engage in a financial transaction with the SPDC or with 
a person described in subsection (a)(1). 
(3) PROHIBITED ACTIVITIES.—Activities prohibited by reason 
of the blocking of property and financial transactions under 
this subsection shall include the following: 
(A) Payments or transfers of any property, or any 
transactions involving the transfer of anything of economic 
value by any United States person, including any United 
States financial institution and any branch or office of 
such financial institution that is located outside the United 
States, to the SPDC or to an individual described in sub-
section (a)(1). 
(B) The export or reexport directly or indirectly, of 
any goods, technology, or services by a United States person 
to the SPDC, to an individual described in subsection (a)(1) 
or to any entity owned, controlled, or operated by the 
SPDC or by an individual described in such subsection. 
(c) AUTHORITY FOR ADDITIONAL BANKING SANCTIONS.—
H. R. 3890—6 
(1) IN GENERAL.—The Secretary of the Treasury, in con-
sultation with the Secretary of State, the Attorney General 
of the United States, and the Chairman of the Board of Gov-
ernors of the Federal Reserve System, may prohibit or impose 
conditions on the opening or maintaining in the United States 
of a correspondent account or payable-through account 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 account might 
be used— 
(A) by a foreign banking institution that holds property 
or an interest in property belonging 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 Secretary of the 
Treasury may, by regulation, further define the terms used 
in paragraph (1) for purposes of this section, as the Secretary 
considers appropriate. 
(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 congressional committees a list of— 
(A) former and present leaders of the SPDC, the Bur-
mese military, and the USDA; 
(B) officials of the SPDC, the Burmese military, or 
the USDA involved in the repression 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 preparing 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 Govern-
ment and the European Union. 
(3) UPDATES.—The President shall transmit to the appro-
priate congressional committees updated lists of the persons 
described in paragraph (1) as new information becomes avail-
able. 
(4) IDENTIFICATION
OF
INFORMATION.—The Secretary of 
State and the Secretary of the Treasury shall devote sufficient 
resources to the identification of information concerning poten-
tial persons to be sanctioned to carry out the purposes described 
in this Act.