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click flag for map and country data, Burma.TheWeekInCongress.com
Week Ending June 24, 2005
House Joint Resolution 52 approving the renewal of
import restrictions contained in the Burmese Freedom and Democracy Act of 2003.
←
click flag for map and country data, Burma.
BRIEF
“No article may be imported into the United States that is produced, mined, manufactured, grown, or assembled in Burma”, the Act reads.
The President and the Secretary of State were given leeway in the 2003 bill that would allow for some trade to move forward providing they certified to Congress that Burma has made considerable improvement in overcoming, political suppression, various forms of governmental corruption, prohibition to freedom of religion and improve counter-narcotics efforts.
The regular procedure of rendering an opinion on Burma would be through Executive Order as a result of the directive in the Burmese Freedom and Democracy Act.
Sponsor: Representative Tom Lantos (D-CA-12th)
Vote: Passed House 423 to 2 (RC 291) (June 21, 2005)
Cost to the taxpayers: No discernible cost.
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MORE INFORMATION
SEC.3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) GENERAL BAN.-- 5
(1) INGENERAL.— Notwithstanding any other provision of law and except as provided in section 9,until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), no article may be imported into the United States that is produced, mined, manufactured, grown, or assembled in Burma.
BAN ON IMPORTS FROM CERTAIN COMPANIES.—The import restrictions contained in paragraph
1) shall apply to, among other entities--
12 (A) the SPDC, any ministry of the SPDC,
13 a member of the SPDC or an immediate family
14 member of such member;
15 (B) known narcotics traffickers from
16 Burma or an immediate family member of such
17 narcotics trafficker;
18 (C) the Union of Myanmar Economics
19 Holdings Incorporated (UMEHI) or any com-
20 pany in which the UMEHI has a fiduciary in-
21 terest;
22 (D) the Myanmar Economic Corporation
23 (MEC) or any company in which the MEC has
24 a fiduciary interest;
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1 (E) the Union Solidarity and Development
2 Association (USDA); and
3 (F) any successor entity for the SPDC,
4 UMEHI, MEC, or USDA.
5 (3) CONDITIONS DESCRIBED.--The conditions
6 described in this paragraph are the following:
7 (A) The SPDC has made substantial and
8 measurable progress to end violations of inter-
9 nationally recognized human rights including
10 rape, and the Secretary of State, after consulta-
11 tion with the ILO Secretary General and rel-
12 evant nongovernmental organizations, reports to
13 the appropriate congressional committees that
14 the SPDC no longer systematically violates
15 workers rights, including the use of forced and
16 child labor, and conscription of child-soldiers.
17 (B) The SPDC has made measurable and
18 substantial progress toward implementing a
19 democratic government including--
20 (i) releasing all political prisoners;
21 (ii) allowing freedom of speech and
22 the press;
23 (iii) allowing freedom of association;
24 (iv) permitting the peaceful exercise of
25 religion; and
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1 (v) bringing to a conclusion an agree-
2 ment between the SPDC and the demo-
3 cratic forces led by the NLD and Burma's
4 ethnic nationalities on the transfer of
5 power to a civilian government accountable
6 to the Burmese people through democratic
7 elections under the rule of law.
8 (C) Pursuant to the terms of section 706
9 of the Foreign Relations Authorization Act,
10 Fiscal Year 2003 (Public Law 107228),
11 Burma has not failed demonstrably to make
12 substantial efforts to adhere to its obligations
13 under international counternarcotics agree-
14 ments and to take other effective counter-
15 narcotics measures, including the arrest and ex-
16 tradition of all individuals under indictment in
17 the United States for narcotics trafficking, and
18 concrete and measurable actions to stem the
19 flow of illicit drug money into Burma's banking
20 system and economic enterprises and to stop
21 the manufacture and export of
22 methamphetamines.
23 (4) APPROPRIATE COMMIT-
CONGRESSIONAL
24 TEES.--In this Act, the term ``appropriate congres-
25 sional committees'' means the Committee on Foreign
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1 Relations, the Committee on Finance, and the Com-
2 mittee on Appropriations of the Senate and the
3 Committee on International Relations, the Com-
4 mittee on Ways and Means, and the Committee on
5 Appropriations of the House of Representatives.
6 (b) WAIVER AUTHORITIES.--
7 (1) IN GENERAL.--The President may waive
8 the prohibitions described in this section for any or
9 all products imported from Burma to the United
10 States if the President determines and notifies the
11 appropriate congressional committees that to do so
12 is in the vital national security interest of the United
13 States.
14 (2) INTERNATIONAL OBLIGATIONS.--The Presi-
15 dent may waive any provision of this Act found to
16 be in violation of any international obligations of the
17 United States pursuant to any final ruling relating
18 to Burma under the dispute settlement procedures
19 of the World Trade Organization.
20 SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN
21 THE UNITED STATES.
22 Not later than 60 days after the date of enactment
23 of this Act, the Secretary of the Treasury shall direct, and
24 promulgate regulations to the same, that any United
25 States financial institution holding funds belonging to the
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1 SPDC or the assets of those individuals who hold senior
2 positions in the SPDC or its political arm, the Union Soli-
3 darity Development Association, shall promptly report
4 those assets to the Office of Foreign Assets Control. The
5 Secretary of the Treasury may take such action as may
6 be necessary to secure such assets or funds.
7 SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITU-
8 TIONS.
9 The Secretary of the Treasury shall instruct the
10 United States executive director to each appropriate inter-
11 national financial institution in which the United States
12 participates, to oppose, and vote against the extension by
13 such institution of any loan or financial or technical assist-
14 ance to Burma until such time as the conditions described
15 in section 3(a)(3) are met.
16 SEC. 6. EXPANSION OF VISA BAN.
17 (a) IN GENERAL.--
18 (1) VISA BAN.--The President is authorized to
19 deny visas and entry to the former and present lead-
20 ership of the SPDC or the Union Solidarity Develop-
21 ment Association.
22 (2) UPDATES.--The Secretary of State shall co-
23 ordinate on a biannual basis with representatives of
24 the European Union to ensure that an individual
25 who is banned from obtaining a visa by the Euro-
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1 pean Union for the reasons described in paragraph
2 (1) is also banned from receiving a visa from the
3 United States.
4 (b) PUBLICATION.--The Secretary of State shall post
5 on the Department of State's website the names of individ-
6 uals whose entry into the United States is banned under
7 subsection (a).
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