IV 
110TH CONGRESS 
2D SESSION 
H. RES. 1341 
Providing for the concurrence by the House in the Senate amendments to 
H.R. 3890, with amendments. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2008 
Mr. BERMAN submitted the following resolution; which was considered and 
agreed to 
RESOLUTION 
Providing for the concurrence by the House in the Senate 
amendments to H.R. 3890, with amendments. 
Resolved, That upon the adoption of this resolution 
the bill (H.R. 3890) entitled ‘‘An Act to amend the Bur-
mese Freedom and Democracy Act of 2003 to waive the 
requirement for annual renewal resolutions relating to im-
port sanctions, impose import sanctions on Burmese 
gemstones, expand the number of individuals against 
whom the visa ban is applicable, expand the blocking of 
assets and other prohibited activities, and for other pur-
poses.’’, with the Senate amendment thereto, shall be con-
sidered to have been taken from the Speaker’s table to 
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the end that the Senate amendment thereto be, and the 
same is hereby, agreed to with the following amendments: 
Strike all after the enacting clause and insert the fol-
lowing: 
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 deterio-
rating living conditions and the violent and repres-
sive 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 mean-
ingful dialogue to pursue national reconcili-
ation. 
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(2) The Burmese regime responded to these 
peaceful protests with a violent crackdown leading to 
the reported killing of approximately 200 people, in-
cluding a Japanese photojournalist, and hundreds of 
injuries. Human rights groups further estimate that 
over 2,000 individuals have been detained, arrested, 
imprisoned, beaten, tortured, or otherwise intimi-
dated as part of this crackdown. Burmese military, 
police, and their affiliates in the Union Solidarity 
Development Association (USDA) perpetrated al-
most all of these abuses. The Burmese regime con-
tinues 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 move-
ment; 
(B) traffics in persons; 
(C) discriminates against women and eth-
nic minorities; 
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(D) forcibly recruits child soldiers and 
child labor; and 
(E) commits other serious violations of 
human rights, including extrajudicial killings, 
custodial deaths, disappearances, rape, torture, 
abuse of prisoners and detainees, and the im-
prisonment of citizens arbitrarily for political 
motives. 
(4) Aung San Suu Kyi has been arbitrarily im-
prisoned or held under house arrest for more than 
12 years. 
(5) In October 2007, President Bush an-
nounced 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 back-
ing 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 dis-
crete companies have been designated under those 
sanctions, once aliases and companies with similar 
names were removed. By contrast, the Australian 
Government identified more than 400 individuals 
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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 identified more than 400 individuals among the 
leadership of government, the military, and the 
USDA, along with nearly 1300 state and military- 
run companies potentially subject to its sanctions. 
(6) The Burmese regime and its supporters fi-
nance their ongoing violations of human rights, un-
democratic policies, and military activities in part 
through financial transactions, travel, and trade in-
volving the United States, including the sale of pe-
troleum 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 explo-
ration and non-operational pipelines but United 
States investors are not involved in those trans-
actions. Industry sources estimate that over $100 
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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 im-
posed in the Burmese Freedom and Democracy Act 
of 2003. Millions of dollars in gemstones that are 
exported from Burma ultimately 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 in Burma but only 3 percent of the rubies 
entering the United States are claimed to be of Bur-
mese origin. The value of Burmese gemstones is pre-
dominantly based on their original quality and geo-
logical origin, rather than the labor involved in cut-
ting and polishing the gemstones. 
(9) According to hardwood industry experts, 
Burma is home to approximately 60 percent of the 
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world’s native teak reserves. More than 1⁄4 of the 
world’s internationally traded teak originates from 
Burma, and hardwood sales, mainly of teak, rep-
resent more than 11 percent of Burma’s official for-
eign exchange earnings. 
(10) The SPDC owns a majority stake in vir-
tually all enterprises responsible for the extraction 
and trade of Burmese natural resources, including 
all mining operations, the Myanmar Timber Enter-
prise, the Myanmar Gems Enterprise, the Myanmar 
Pearl Enterprise, and the Myanmar Oil and Gas En-
terprise. 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 polit-
ical prisoners, and calling on the SPDC to enter into 
a United Nations-mediated dialogue with its political 
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 democ-
racy advocate Aung San Suu Kyi in an effort to pro-
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mote dialogue between the SPDC and democracy ad-
vocates. 
(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 pressure 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 ad-
dress basic needs and prevent loss of life, and con-
tinues to fail to provide life-protecting and life-sus-
taining services to its people. 
(16) The international community responded 
immediately to the cyclone and attempted to provide 
humanitarian assistance. More than 30 disaster as-
sessment teams from 18 different nations and the 
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United Nations arrived in the region, but the Bur-
mese regime denied them permission to enter the 
country. Eventually visas were granted to aid work-
ers, 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 unaffected areas on May 10, 
2008, and in portions of the affected Irrawaddy re-
gion and Rangoon on May 26, 2008. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY-
ABLE-THROUGH
ACCOUNT.—The terms ‘‘account’’, 
‘‘correspondent account’’, and ‘‘payable-through ac-
count’’ have the meanings given the terms in section 
5318A(e)(1) of title 31, United States Code. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Committee on Finance of the Sen-
ate; 
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(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 nongovernmental 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 person’’ means any United States 
citizen, permanent resident alien, juridical person or-
ganized under the laws of the United States (includ-
ing foreign branches), or any person in the United 
States. 
SEC. 4. STATEMENT OF POLICY. 
It is the policy of the United States to— 
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(1) condemn the continued repression carried 
out by the SPDC; 
(2) work with the international community, es-
pecially the People’s Republic of China, India, Thai-
land, and ASEAN, to foster support for the legiti-
mate 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 assist-
ance to aid a peaceful transition to constitutional de-
mocracy in Burma; 
(4) support international efforts to alleviate the 
suffering of Burmese refugees and address the ur-
gent humanitarian needs of the Burmese people; and 
(5) identify individuals responsible for the re-
pression 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 Burmese military, or the USDA. 
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(B) Officials of the SPDC, the Burmese 
military, or the USDA involved in the repres-
sion 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 pro-
vide substantial economic and political support 
for the SPDC, the Burmese 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 Con-
gress 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 Appro-
priations Act, 2008 (Public Law 110–161), nor shall 
this subsection be construed to make ineligible for a 
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visa members of ethnic groups in Burma now or pre-
viously opposed to the regime who were forced to 
provide labor or other support to the Burmese mili-
tary and who are otherwise eligible for admission 
into the United States. 
(b) FINANCIAL SANCTIONS.— 
(1) BLOCKED PROPERTY.—No property or in-
terest in property 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 fi-
nancial transaction with the SPDC or with a person 
described in subsection (a)(1). 
(3) PROHIBITED
ACTIVITIES.—Activities pro-
hibited by reason of the blocking of property and fi-
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nancial transactions under this subsection shall in-
clude 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 fi-
nancial institution and any branch or office of 
such financial institution that is located outside 
the United States, to the SPDC or to an indi-
vidual described in subsection (a)(1). 
(B) The export or reexport directly or indi-
rectly, of any goods, technology, or services by 
a United States person to the SPDC, to an in-
dividual 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 SANC-
TIONS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury, in consultation with the Secretary of State, the 
Attorney General of the United States, and the 
Chairman of the Board of Governors of the Federal 
Reserve System, may prohibit or impose conditions 
on the opening or maintaining in the United States 
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