Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008
PL 110-286 (H.R.3890), enacted 07/29/2008

122 STAT. 2632 
PUBLIC LAW 110–286—JULY 29, 2008 
Public Law 110–286 
110th Congress 
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; 
Aung San Suu 
Kyi. 
50 USC 1701 
note. 
50 USC 1701 
note. 
Tom Lantos 
Block Burmese 
JADE (Junta’s 
Anti-Democratic 
Efforts) Act of 
2008. 
Human rights. 
Political 
prisoners. 
July 29, 2008 
[H.R. 3890] 
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122 STAT. 2633 
PUBLIC LAW 110–286—JULY 29, 2008 
(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 
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122 STAT. 2634 
PUBLIC LAW 110–286—JULY 29, 2008 
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 
Ibrahim 
Gambari. 
Than Shwe. 
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122 STAT. 2635 
PUBLIC LAW 110–286—JULY 29, 2008 
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. 
50 USC 1701 
note. 
50 USC 1701 
note. 
50 USC 1701 
note. 
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122 STAT. 2636 
PUBLIC LAW 110–286—JULY 29, 2008 
(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.— 
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122 STAT. 2637 
PUBLIC LAW 110–286—JULY 29, 2008 
(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. 
President. 
Deadline. 
President. 
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122 STAT. 2638 
PUBLIC LAW 110–286—JULY 29, 2008 
(e) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to prohibit any contract or other financial transaction 
with any nongovernmental humanitarian organization in Burma. 
(f) EXCEPTIONS.— 
(1) 
IN
GENERAL.—The 
prohibitions 
and 
restrictions 
described in subsections (b) and (c) shall not apply to medicine, 
medical equipment or supplies, food or feed, or any other form 
of humanitarian assistance provided to Burma. 
(2) REGULATORY EXCEPTIONS.—For the following purposes, 
the Secretary of State may, by regulation, authorize exceptions 
to the prohibition and restrictions described in subsection (a), 
and the Secretary of the Treasury may, by regulation, authorize 
exceptions to the prohibitions and restrictions described in sub-
sections (b) and (c)— 
(A) to permit the United States and Burma to operate 
their diplomatic missions, and to permit the United States 
to conduct other official United States Government busi-
ness in Burma; 
(B) to permit United States citizens to visit Burma; 
and 
(C) to permit the United States to comply with the 
United Nations Headquarters Agreement and other 
applicable international agreements. 
(g) PENALTIES.—Any person who violates any prohibition or 
restriction imposed pursuant to subsection (b) or (c) shall be subject 
to the penalties under section 6 of the International Emergency 
Economic Powers Act (50 U.S.C. 1705) to the same extent as for 
a violation under that Act. 
(h) TERMINATION OF SANCTIONS.—The sanctions imposed under 
subsection (a), (b), or (c) shall apply until the President determines 
and certifies to the appropriate congressional committees that the 
SPDC has— 
(1) unconditionally released all political prisoners, including 
Aung San Suu Kyi and other members of the National League 
for Democracy; 
(2) entered into a substantive dialogue with democratic 
forces led by the National League for Democracy and the ethnic 
minorities of Burma on transitioning to democratic government 
under the rule of law; and 
(3) allowed humanitarian access to populations affected 
by armed conflict in all regions of Burma. 
(i) WAIVER.—The President may waive the sanctions described 
in subsections (b) and (c) if the President determines and certifies 
to the appropriate congressional committees that such waiver is 
in the national interest of the United States. 
SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY 
ACT OF 2003. 
(a) IN GENERAL.—The Burmese Freedom and Democracy Act 
of 2003 (Public Law 108–61; 50 U.S.C. 1701 note) is amended 
by inserting after section 3 the following new section: 
‘‘SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES 
FROM BURMA AND ARTICLES OF JEWELRY CONTAINING 
JADEITE OR RUBIES FROM BURMA. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate congressional committees’ means— 
50 USC 1701 
note. 
President. 
Certification. 
National League 
for Democracy. 
President. 
Certification. 
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122 STAT. 2639 
PUBLIC LAW 110–286—JULY 29, 2008 
‘‘(A) the Committee on Ways and Means and the Com-
mittee on Foreign Affairs of the House of Representatives; 
and 
‘‘(B) the Committee on Finance and the Committee 
on Foreign Relations of the Senate. 
‘‘(2) BURMESE COVERED ARTICLE.—The term ‘Burmese cov-
ered article’ means— 
‘‘(A) jadeite mined or extracted from Burma; 
‘‘(B) rubies mined or extracted from Burma; or 
‘‘(C) articles of jewelry containing jadeite described in 
subparagraph (A) or rubies described in subparagraph (B). 
‘‘(3) NON-BURMESE COVERED ARTICLE.—The term ‘non-Bur-
mese covered article’ means— 
‘‘(A) jadeite mined or extracted from a country other 
than Burma; 
‘‘(B) rubies mined or extracted from a country other 
than Burma; or 
‘‘(C) articles of jewelry containing jadeite described in 
subparagraph (A) or rubies described in subparagraph (B). 
‘‘(4) JADEITE; RUBIES; ARTICLES OF JEWELRY CONTAINING 
JADEITE OR RUBIES.— 
‘‘(A) JADEITE.—The term ‘jadeite’ means any jadeite 
classifiable under heading 7103 of the Harmonized Tariff 
Schedule of the United States (in this paragraph referred 
to as the ‘HTS’). 
‘‘(B) RUBIES.—The term ‘rubies’ means any rubies 
classifiable under heading 7103 of the HTS. 
‘‘(C) ARTICLES
OF
JEWELRY
CONTAINING
JADEITE
OR 
RUBIES.—The term ‘articles of jewelry containing jadeite 
or rubies’ means— 
‘‘(i) any article of jewelry classifiable under heading 
7113 of the HTS that contains jadeite or rubies; or 
‘‘(ii) any article of jadeite or rubies classifiable 
under heading 7116 of the HTS. 
‘‘(5) UNITED STATES.—The term ‘United States’, when used 
in the geographic sense, means the several States, the District 
of Columbia, and any commonwealth, territory, or possession 
of the United States. 
‘‘(b) PROHIBITION ON IMPORTATION OF BURMESE COVERED ARTI-
CLES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, until such time as the President determines and certifies 
to the appropriate congressional committees that Burma has 
met the conditions described in section 3(a)(3), beginning 60 
days after the date of the enactment of the Tom Lantos Block 
Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008, 
the President shall prohibit the importation into the United 
States of any Burmese covered article. 
‘‘(2) REGULATORY AUTHORITY.—The President is authorized 
to, and shall as necessary, issue such proclamations, regula-
tions, licenses, and orders, and conduct such investigations, 
as may be necessary to implement the prohibition under para-
graph (1). 
‘‘(3) OTHER ACTIONS.—Beginning on the date of the enact-
ment of this Act, the President shall take all appropriate actions 
to seek the following: 
President. 
Certification. 
Effective date. 
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122 STAT. 2640 
PUBLIC LAW 110–286—JULY 29, 2008 
‘‘(A) The issuance of a draft waiver decision by the 
Council for Trade in Goods of the World Trade Organization 
granting a waiver of the applicable obligations of the United 
States under the World Trade Organization with respect 
to the provisions of this section and any measures taken 
to implement this section. 
‘‘(B) The adoption of a resolution by the United Nations 
General Assembly expressing the need to address trade 
in Burmese covered articles and calling for the creation 
and implementation of a workable certification scheme for 
non-Burmese covered articles to prevent the trade in Bur-
mese covered articles. 
‘‘(c) REQUIREMENTS FOR IMPORTATION OF NON-BURMESE COV-
ERED ARTICLES.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
until such time as the President determines and certifies to 
the appropriate congressional committees that Burma has met 
the conditions described in section 3(a)(3), beginning 60 days 
after the date of the enactment of the Tom Lantos Block Bur-
mese JADE (Junta’s Anti-Democratic Efforts) Act of 2008, the 
President shall require as a condition for the importation into 
the United States of any non-Burmese covered article that— 
‘‘(A) the exporter of the non-Burmese covered article 
has implemented measures that have substantially the 
same effect and achieve the same goals as the measures 
described in clauses (i) through (iv) of paragraph (2)(B) 
(or their functional equivalent) to prevent the trade in 
Burmese covered articles; and 
‘‘(B) the importer of the non-Burmese covered article 
agrees— 
‘‘(i) to maintain a full record of, in the form of 
reports or otherwise, complete information relating to 
any act or transaction related to the purchase, manu-
facture, or shipment of the non-Burmese covered article 
for a period of not less than 5 years from the date 
of entry of the non-Burmese covered article; and 
‘‘(ii) to provide the information described in clause 
(i) within the custody or control of such person to 
the relevant United States authorities upon request. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—The President may waive the 
requirements of paragraph (1) with respect to the importa-
tion of non-Burmese covered articles from any country with 
respect to which the President determines and certifies 
to the appropriate congressional committees has imple-
mented the measures described in subparagraph (B) (or 
their functional equivalent) to prevent the trade in Bur-
mese covered articles. 
‘‘(B) MEASURES DESCRIBED.—The measures referred to 
in subparagraph (A) are the following: 
‘‘(i) With respect to exportation from the country 
of jadeite or rubies in rough form, a system of verifiable 
controls on the jadeite or rubies from mine to expor-
tation demonstrating that the jadeite or rubies were 
not mined or extracted from Burma, and accompanied 
by officially-validated documentation certifying the 
country from which the jadeite or rubies were mined 
Exports. 
Records. 
President. 
Certification. 
Effective date. 
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122 STAT. 2641 
PUBLIC LAW 110–286—JULY 29, 2008 
or extracted, total carat weight, and value of the jadeite 
or rubies. 
‘‘(ii) With respect to exportation from the country 
of finished jadeite or polished rubies, a system of 
verifiable controls on the jadeite or rubies from mine 
to the place of final finishing of the jadeite or rubies 
demonstrating that the jadeite or rubies were not 
mined or extracted from Burma, and accompanied by 
officially-validated 
documentation 
certifying 
the 
country from which the jadeite or rubies were mined 
or extracted. 
‘‘(iii) With respect to exportation from the country 
of articles of jewelry containing jadeite or rubies, a 
system of verifiable controls on the jadeite or rubies 
from mine to the place of final finishing of the article 
of jewelry containing jadeite or rubies demonstrating 
that the jadeite or rubies were not mined or extracted 
from Burma, and accompanied by officially-validated 
documentation certifying the country from which the 
jadeite or rubies were mined or extracted. 
‘‘(iv) Verifiable recordkeeping by all entities and 
individuals engaged in mining, importation, and expor-
tation of non-Burmese covered articles in the country, 
and subject to inspection and verification by authorized 
authorities of the government of the country in accord-
ance with applicable law. 
‘‘(v) Implementation by the government of the 
country of proportionate and dissuasive penalties 
against any persons who violate laws and regulations 
designed to prevent trade in Burmese covered articles. 
‘‘(vi) Full cooperation by the country with the 
United Nations or other official international organiza-
tions that seek to prevent trade in Burmese covered 
articles. 
‘‘(3) REGULATORY AUTHORITY.—The President is authorized 
to, and shall as necessary, issue such proclamations, regula-
tions, licenses, and orders and conduct such investigations, 
as may be necessary to implement the provisions under para-
graphs (1) and (2). 
‘‘(d) INAPPLICABILITY.— 
‘‘(1) IN GENERAL.—The requirements of subsection (b)(1) 
and subsection (c)(1) shall not apply to Burmese covered articles 
and non-Burmese covered articles, respectively, that were pre-
viously exported from the United States, including those that 
accompanied an individual outside the United States for per-
sonal use, if they are reimported into the United States by 
the same person, without having been advanced in value or 
improved in condition by any process or other means while 
outside the United States. 
‘‘(2) ADDITIONAL
PROVISION.—The requirements of sub-
section (c)(1) shall not apply with respect to the importation 
of non-Burmese covered articles that are imported by or on 
behalf of an individual for personal use and accompanying 
an individual upon entry into the United States. 
‘‘(e) ENFORCEMENT.—Burmese covered articles or non-Burmese 
covered articles that are imported into the United States in violation 
of any prohibition of this Act or any other provision law shall 
Records. 
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122 STAT. 2642 
PUBLIC LAW 110–286—JULY 29, 2008 
be subject to all applicable seizure and forfeiture laws and criminal 
and civil laws of the United States to the same extent as any 
other violation of the customs laws of the United States. 
‘‘(f) SENSE OF CONGRESS.— 
‘‘(1) IN GENERAL.—It is the sense of Congress that the 
President should take the necessary steps to seek to negotiate 
an international arrangement—similar to the Kimberley 
Process Certification Scheme for conflict diamonds—to prevent 
the trade in Burmese covered articles. Such an international 
arrangement should create an effective global system of controls 
and should contain the measures described in subsection 
(c)(2)(B) (or their functional equivalent). 
‘‘(2) KIMBERLEY PROCESS CERTIFICATION SCHEME DEFINED.— 
In paragraph (1), the term ‘Kimberley Process Certification 
Scheme’ has the meaning given the term in section 3(6) of 
the Clean Diamond Trade Act (Public Law 108–19; 19 U.S.C. 
3902(6)). 
‘‘(g) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of the Tom Lantos Block Burmese JADE 
(Junta’s Anti-Democratic Efforts) Act of 2008, the President 
shall transmit to the appropriate congressional committees a 
report describing what actions the United States has taken 
during the 60-day period beginning on the date of the enactment 
of such Act to seek— 
‘‘(A) the issuance of a draft waiver decision by the 
Council for Trade in Goods of the World Trade Organiza-
tion, as specified in subsection (b)(3)(A); 
‘‘(B) the adoption of a resolution by the United Nations 
General Assembly, as specified in subsection (b)(3)(B); and 
‘‘(C) the negotiation of an international arrangement, 
as specified in subsection (f)(1). 
‘‘(2) UPDATE.—The President shall make continued efforts 
to seek the items specified in subparagraphs (A), (B), and 
(C) of paragraph (1) and shall promptly update the appropriate 
congressional committees on subsequent developments with 
respect to these efforts. 
‘‘(h) GAO REPORT.—Not later than 14 months after the date 
of the enactment of the Tom Lantos Block Burmese JADE (Junta’s 
Anti-Democratic Efforts) Act of 2008, the Comptroller General of 
the United States shall submit to the appropriate congressional 
committees a report on the effectiveness of the implementation 
of this section. The Comptroller General shall include in the report 
any recommendations for improving the administration of this Act.’’. 
(b) DURATION OF SANCTIONS.— 
(1) CONTINUATION OF IMPORT SANCTIONS.—Subsection (b) 
of section 9 of the Burmese Freedom and Democracy Act of 
2003 (Public Law 108–61; 50 U.S.C. 1701 note) is amended 
by adding at the end the following new paragraph: 
‘‘(4) RULE OF CONSTRUCTION.—For purposes of this sub-
section, any reference to section 3(a)(1) shall be deemed to 
include a reference to section 3A (b)(1) and (c)(1).’’. 
(2) RENEWAL RESOLUTIONS.—Subsection (c) of such section 
is amended by inserting after ‘‘section 3(a)(1)’’ each place it 
appears the following: ‘‘and section 3A (b)(1) and (c)(1)’’. 
(3) EFFECTIVE DATE.— 
50 USC 1701 
note. 
President. 
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122 STAT. 2643 
PUBLIC LAW 110–286—JULY 29, 2008 
(A) IN GENERAL.—The amendments made by this sub-
section take effect on the day after the date of the enact-
ment of 5th renewal resolution enacted into law after the 
date of the enactment of the Burmese Freedom and Democ-
racy Act of 2003, or the date of the enactment of this 
Act, whichever occurs later. 
(B) RENEWAL
RESOLUTION
DEFINED.—In this para-
graph, the term ‘‘renewal resolution’’ means a renewal reso-
lution described in section 9(c) of the Burmese Freedom 
and Democracy Act of 2003 that is enacted into law in 
accordance with such section. 
(c) CONFORMING AMENDMENT.—Section 3(b) of the Burmese 
Freedom and Democracy Act of 2003 (Public Law 108–61; 50 U.S.C. 
1701 note) is amended— 
(1) by striking ‘‘prohibitions’’ and inserting ‘‘restrictions’’; 
(2) by inserting ‘‘or section 3A (b)(1) or (c)(1)’’ after ‘‘this 
section’’; and 
(3) by striking ‘‘a product of Burma’’ and inserting ‘‘subject 
to such restrictions’’. 
SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR 
BURMA. 
(a) UNITED
STATES
SPECIAL
REPRESENTATIVE
AND
POLICY 
COORDINATOR FOR BURMA.—The President shall appoint a Special 
Representative and Policy Coordinator for Burma, by and with 
the advice and consent of the Senate. 
(b) RANK.—The Special Representative and Policy Coordinator 
for Burma appointed under subsection (a) shall have the rank 
of ambassador and shall hold the office at the pleasure of the 
President. Except for the position of United States Ambassador 
to the Association of Southeast Asian Nations, the Special Rep-
resentative and Policy Coordinator may not simultaneously hold 
a separate position within the executive branch, including the 
Assistant Secretary of State, the Deputy Assistant Secretary of 
State, the United States Ambassador to Burma, or the Charge 
d’affairs to Burma. 
(c) DUTIES AND RESPONSIBILITIES.—The Special Representative 
and Policy Coordinator for Burma shall— 
(1) promote a comprehensive international effort, including 
multilateral sanctions, direct dialogue with the SPDC and 
democracy 
advocates, 
and 
support 
for 
nongovernmental 
organizations operating in Burma and neighboring countries, 
designed to restore civilian democratic rule to Burma and 
address the urgent humanitarian needs of the Burmese people; 
(2) consult broadly, including with the Governments of 
the People’s Republic of China, India, Thailand, and Japan, 
and the member states of ASEAN and the European Union 
to coordinate policies toward Burma; 
(3) assist efforts by the United Nations Special Envoy to 
secure the release of all political prisoners in Burma and to 
promote dialogue between the SPDC and leaders of Burma’s 
democracy movement, including Aung San Suu Kyi; 
(4) consult with Congress on policies relevant to Burma 
and the future and welfare of all the Burmese people, including 
refugees; and 
President. 
Government 
organization. 
50 USC 1701 
note. 
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122 STAT. 2644 
PUBLIC LAW 110–286—JULY 29, 2008 
(5) coordinate the imposition of Burma sanctions within 
the United States Government and with the relevant inter-
national financial institutions. 
SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA. 
(a) IN GENERAL.—The President is authorized to assist Burmese 
democracy activists who are dedicated to nonviolent opposition to 
the SPDC in their efforts to promote freedom, democracy, and 
human rights in Burma. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $5,000,000 to the Secretary of State for fiscal 
year 2008 to— 
(1) provide aid to democracy activists in Burma; 
(2) provide aid to individuals and groups conducting democ-
racy programming outside of Burma targeted at a peaceful 
transition to constitutional democracy inside Burma; and 
(3) expand radio and television broadcasting into Burma. 
SEC. 
9. 
SUPPORT 
FOR 
NONGOVERNMENTAL 
ORGANIZATIONS 
ADDRESSING THE HUMANITARIAN NEEDS OF THE BUR-
MESE PEOPLE. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the international community should increase support for nongovern-
mental organizations attempting to meet the urgent humanitarian 
needs of the Burmese people. 
(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS ACTIVITIES IN 
BURMA.—Section 5 of the Burmese Freedom and Democracy Act 
of 2003 (50 U.S.C. 1701 note) is amended— 
(1) by inserting ‘‘(a) OPPOSITION
TO
ASSISTANCE
TO 
BURMA.—’’ before ‘‘The Secretary’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) LICENSES
FOR HUMANITARIAN
OR RELIGIOUS ACTIVITIES 
IN BURMA.—Notwithstanding any other provision of law, the Sec-
retary of the Treasury is authorized to issue multi-year licenses 
for humanitarian or religious activities in Burma.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, there are authorized to be appropriated $11,000,000 to 
the Secretary of State for fiscal year 2008 to support operations 
by nongovernmental organizations, subject to paragraph (2), 
designed to address the humanitarian needs of the Burmese 
people inside Burma and in refugee camps in neighboring coun-
tries. 
(2) LIMITATION.— 
(A) IN GENERAL.—Except as provided under subpara-
graph (B), amounts appropriated pursuant to paragraph 
(1) may not be provided to— 
(i) SPDC-controlled entities; 
(ii) entities run by members of the SPDC or their 
families; or 
(iii) entities providing cash or resources to the 
SPDC, including organizations affiliated with the 
United Nations. 
(B) WAIVER.—The President may waive the funding 
restriction described in subparagraph (A) if— 
(i) the President determines and certifies to the 
appropriate congressional committees that such waiver 
is in the national interests of the United States; 
50 USC 1701 
note. 
50 USC 1701 
note. 
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122 STAT. 2645 
PUBLIC LAW 110–286—JULY 29, 2008 
(ii) a description of the national interests need 
for the waiver is submitted to the appropriate congres-
sional committees; and 
(iii) the description submitted under clause (ii) 
is posted on a publicly accessible Internet Web site 
of the Department of State. 
SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act and annually thereafter, the Secretary 
of State shall submit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate a report containing a list of countries, companies, 
and other entities that provide military or intelligence aid to the 
SPDC and describing such military or intelligence aid provided 
by each such country, company, and other entity. 
(b) MILITARY OR INTELLIGENCE AID DEFINED.—For the purpose 
of this section, the term ‘‘military or intelligence aid’’ means, with 
respect to the SPDC— 
(1) the provision of weapons, weapons parts, military 
vehicles, or military aircraft; 
(2) the provision of military or intelligence training, 
including advice and assistance on subject matter expert 
exchanges; 
(3) the provision of weapons of mass destruction and related 
materials, capabilities, and technology, including nuclear, chem-
ical, or dual-use capabilities; 
(4) conducting joint military exercises; 
(5) the provision of naval support, including ship develop-
ment and naval construction; 
(6) the provision of technical support, including computer 
and software development and installations, networks, and 
infrastructure development and construction; or 
(7) the construction or expansion of airfields, including 
radar and anti-aircraft systems. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex 
and the unclassified form shall be placed on the Department of 
State’s website. 
SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO 
BURMA. 
It is the sense of Congress that the United States should 
lead efforts in the United Nations Security Council to impose a 
mandatory international arms embargo on Burma, curtailing all 
sales of weapons, ammunition, military vehicles, and military air-
craft to Burma until the SPDC releases all political prisoners, 
restores constitutional rule, takes steps toward inclusion of ethnic 
minorities in political reconciliation efforts, and holds free and 
fair elections to establish a new government. 
SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Secretary of 
State, in consultation with the Secretary of Commerce, and other 
Federal officials, as appropriate, shall submit to the appropriate 
congressional committees a report on Burma’s timber trade con-
taining information on the following: 
Deadline. 
50 USC 1701 
note. 
50 USC 1701 
note. 
Public 
information. 
Web site. 
50 USC 1701 
note. 
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122 STAT. 2646 
PUBLIC LAW 110–286—JULY 29, 2008 
(1) Products entering the United States made in whole 
or in part of wood grown and harvested in Burma, including 
measurements of annual value and volume and considering 
both legal and illegal timber trade. 
(2) Statistics about Burma’s timber trade, including raw 
wood and wood products, in aggregate and broken down by 
country and timber species, including measurements of value 
and volume and considering both legal and illegal timber trade. 
(3) A description of the chains of custody of products 
described in paragraph (1), including direct trade streams from 
Burma to the United States and via manufacturing or trans-
shipment in third countries. 
(4) Illegalities, abuses, or corruption in the Burmese timber 
sector. 
(5) A description of all common consumer and commercial 
applications unique to Burmese hardwoods, including the fur-
niture and marine manufacturing industries. 
(b) RECOMMENDATIONS.—The report required under subsection 
(a) shall include recommendations on the following: 
(1) Alternatives to Burmese hardwoods for the commercial 
applications described in paragraph (5) of subsection (a), 
including alternative species of timber that could provide the 
same applications. 
(2) Strategies for encouraging sustainable management of 
timber in locations with potential climate, soil, and other condi-
tions to compete with Burmese hardwoods for the consumer 
and commercial applications described in paragraph (5) of sub-
section (a). 
(3) The appropriate United States and international cus-
toms documents and declarations that would need to be kept 
and compiled in order to establish the chain of custody con-
cerning products described in paragraphs (1) and (3) of sub-
section (a). 
(4) Strategies for strengthening the capacity of Burmese 
civil society, including Burmese society in exile, to monitor 
and report on the SPDC’s trade in timber and other extractive 
industries so that Burmese natural resources can be used to 
benefit the majority of Burma’s population. 
SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE 
SPDC. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act and annually thereafter, the Secretary 
of the Treasury, in consultation with the Secretary of State, shall 
submit to the Committee on Foreign Affairs of the House of Rep-
resentatives, the Committee on Ways and Means of the House 
of the Representatives, the Committee on Foreign Relations of 
the Senate, and the Committee on Finance of the Senate a report 
containing a list of all countries and foreign banking institutions 
that hold assets on behalf of senior Burmese officials. 
(b) DEFINITIONS.—For the purpose of this section: 
(1) SENIOR BURMESE OFFICIALS.—The term ‘‘senior Burmese 
officials’’ shall mean individuals covered under section 5(d)(1) 
of this Act. 
(2) OTHER TERMS.—Other terms shall be defined under 
the authority of and consistent with section 5(c)(2) of this 
Act. 
Deadline. 
50 USC 1701 
note. 
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122 STAT. 2647 
PUBLIC LAW 110–286—JULY 29, 2008 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex. 
The report shall also be posted on the Department of Treasury’s 
website not later than 30 days of the submission to Congress 
of the report. To the extent possible, the report shall include the 
names of the senior Burmese officials and the approximate value 
of their holdings in the respective foreign banking institutions and 
any other pertinent information. 
SEC. 14. UNOCAL PLAINTIFFS. 
(a) SENSE OF CONGRESS.—It is the Sense of Congress that 
the United States should work with the Royal Thai Government 
to ensure the safety in Thailand of the 15 plaintiffs in the Doe 
v. Unocal case, and should consider granting refugee status or 
humanitarian parole to these plaintiffs to enter the United States 
consistent with existing United States law. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
Congressional committees a report on the status of the Doe vs. 
Unocal plaintiffs and whether the plaintiffs have been granted 
refugee status or humanitarian parole. 
SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN 
BURMA’S OIL AND GAS INDUSTRY. 
(a) FINDINGS AND DECLARATIONS.—Congress finds the following: 
(1) Currently United States, French, and Thai investors 
are engaged in the production and delivery of natural gas 
in the pipeline from the Yadana and Sein fields (Yadana pipe-
line) in the Andaman Sea, an enterprise which falls under 
the jurisdiction of the Burmese Government, and United States 
investment by Chevron represents approximately a 28 percent 
nonoperated, working interest in that pipeline. 
(2) The Congressional Research Service estimates that the 
Yadana pipeline provides at least $500,000,000 in annual rev-
enue for the Burmese Government. 
(3) The natural gas that transits the Yadana pipeline is 
delivered primarily to Thailand, representing about 20 percent 
of Thailand’s total gas supply. 
(4) The executive branch has in the past exempted invest-
ment in the Yadana pipeline from the sanctions regime against 
the Burmese Government. 
(5) Congress believes that United States companies ought 
to be held to a high standard of conduct overseas and should 
avoid as much as possible acting in a manner that supports 
repressive regimes such as the Burmese Government. 
(6) Congress recognizes the important symbolic value that 
divestment of United States holdings in Burma would have 
on the international sanctions effort, demonstrating that the 
United States will continue to lead by example. 
(b) STATEMENT OF POLICY.— 
(1) Congress urges Yadana investors to consider voluntary 
divestment over time if the Burmese Government fails to take 
meaningful steps to release political prisoners, restore civilian 
constitutional rule and promote national reconciliation. 
(2) Congress will remain concerned with the matter of 
continued investment in the Yadana pipeline in the years 
ahead. 
50 USC 1701 
note. 
President. 
Deadline. 
Thailand. 
Refugees. 
50 USC 1701 
note. 
Public 
information. 
Web site. 
Deadline. 
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122 STAT. 2648 
PUBLIC LAW 110–286—JULY 29, 2008 
LEGISLATIVE HISTORY—H.R. 3890: 
HOUSE REPORTS: No. 110–418, Pt. 1 (Comm. on Foreign Affairs). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Dec. 11, considered and passed House. 
Dec. 19, considered and passed Senate, amended. 
Vol. 154 (2008): July 15, House concurred in Senate amendments with 
amendments pursuant to H. Res. 1341. 
July 22, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
July 30, Presidential remarks. 
(3) Congress urges the executive branch to work with all 
firms invested in Burma’s oil and gas sector to use their influ-
ence to promote the peaceful transition to civilian democratic 
rule in Burma. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
so long as Yadana investors remain invested in Burma, such inves-
tors should— 
(1) communicate to the Burmese Government, military and 
business officials, at the highest levels, concern about the lack 
of genuine consultation between the Burmese Government and 
its people, the failure of the Burmese Government to use its 
natural resources to benefit the Burmese people, and the mili-
tary’s use of forced labor; 
(2) publicly disclose and deal with in a transparent manner, 
consistent with legal obligations, its role in any ongoing invest-
ment in Burma, including its financial involvement in any 
joint production agreement or other joint ventures and the 
amount of their direct or indirect support of the Burmese 
Government; and 
(3) work with project partners to ensure that forced labor 
is not used to construct, maintain, support, or defend the project 
facilities, including pipelines, offices, or other facilities. 
Approved July 29, 2008. 
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