[Date Prev][Date Next][Thread Prev][Thread Next][Date Index
][Thread Index
]
U.S. HOUSE: Burma Freedom and Democ
- Subject: U.S. HOUSE: Burma Freedom and Democ
- From: freeburma@xxxxxxx
- Date: Sat, 27 Jan 1996 10:08:00
Subject: U.S. HOUSE: Burma Freedom and Democracy Act of 1995 (HR. 2892 IH)
FILE h2892.ih
HR 2892 IH
104th CONGRESS
2d Session
To impose sanctions on Burma, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 25, 1996
Mr. ROHRABACHER (for himself, Mr. ROYCE, and Mr. SMITH of New
Jersey) introduced the following bill; which was referred to
the Committee on International Relations, and in addition to
the Committees on Banking and Financial Services, the
Judiciary, Commerce, and Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
A BILL
To impose sanctions on 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 `Burma Freedom and Democracy Act of
1995'.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Since 1962 Burma has been ruled by a military dictatorship.
(2) As part of a crackdown against the Burmese pro-democracy
movement, the State Law and Order Restoration Council (SLORC)
was established by the military dictatorship in 1988.
(3) On May 27, 1990, the people of Burma voted overwhelmingly
in a free election for Daw Aung San Suu Kyi and the National
League for Democracy (NLD).
(4) Despite numerous pledges, the SLORC has failed to honor
the results of the 1990 elections.
(5) The United States has not sent an ambassador to Rangoon
in protest of the failure of the SLORC to honor the 1990
elections and the continued human rights abuses suffered by the
Burmese people.
(6) In response to the massacre of thousands of Burmese
participating in peaceful democratic demonstrations, the
Congress adopted a provision as part of the Customs and Trade
Act of 1990 requiring the President to impose appropriate
economic sanctions on Burma.
(7) Currently the United States has suspended economic aid to
Burma, placed an embargo on arms sales to Burma, denied trade
preferences under title V of the Trade Act of 1974 to Burma,
and decertified Burma as a narcotics cooperating country.
(8) On April 30, 1994, the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), placed
Burma on the list of international `outlaw' states that
includes Libya, North Korea, and Iraq and which is set forth in
section 307 of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), thus mandating that voluntary United States funding
for any United Nations agency will be automatically reduced if
the agency conducts programs in Burma.
(9) On July 15, 1994, the Senate adopted Senate Resolution
234 calling on the Administration to encourage members of the
Association of Southeast Asian Nations (ASEAN) to work with the
United States to achieve the transfer of power to the winners
of Burma's 1990 democratic election.
(10) On July 25, 1994, the House of Representatives adopted
House Resolution 471, which urged the Burmese regime to
transfer power to democratically elected leaders of Burma and
to respect human rights.
(11) On June 28, 1995, the House of Representatives agreed to
an amendment to House Bill 1868, which prohibited funds for
international narcotics control or
crop substitution assistance for the Burmese regime.
(12) In early 1995 the SLORC conducted a military campaign
against ethnic minorities, many of whom are Christian, along
the border between Burma and Thailand, including the
headquarters of the Democratic Alliance of Burma at Mannerplaw.
(13) On July 10, 1995, after six years of unlawful detention,
the SLORC released Nobel Peace Prize winner Daw Aung San Suu
Kyi, the leader of the NLD.
(14) Since the release of Daw Aung San Suu Kyi, the SLORC has
rejected her efforts to establish a timetable for dialogue and
national reconciliation and has denied the NLD a meaningful
role in a credible political process.
(15) The 1995 Human Rights Watch World Report states that
Muslims in the Arakan State are subject to forced relocations,
forced labor, and religious persecution.
(16) On December 19, 1995, the House of Representatives
adopted House Resolution 274, which calls on the Burmese regime
to begin a political dialogue with democratically elected
leaders of Burma, release political prisoners, guarantee
respect for basic human rights, and restore civilian and
democratic rule to the people of Burma.
SEC. 3. DECLARATIONS OF POLICY.
(a) IN GENERAL- The Congress declares that it is the policy of
the United States--
(1) to support actively the prompt transition from a military
dictatorship to a democratic government in Burma;
(2) to encourage the State Law and Order Restoration Council
(SLORC) to immediately and unconditionally release all
political prisoners and allow them to participate in the
political process;
(3) to recognize the individuals who won the 1990 democratic
election as the legitimate representatives of the Burmese
people;
(4) to expand contact between the democratically elected
leaders of Burma and the United States mission in Rangoon in
order to facilitate the democratic process in Burma;
(5) to encourage the SLORC and friendly governments to permit
democratically elected leaders of Burma to travel freely;
(6) to provide humanitarian assistance to displaced persons
inside Burma and to refugees from Burma along the border
between Burma and Thailand;
(7) to further expand trade sanctions against Burma not later
than 180 days after the date of the enactment of this Act
unless a process of political reconciliation, characterized by
a substantial and sustained dialogue between the SLORC and Daw
Aung San Suu Kyi and other elected leaders of the National
League for Democracy, is established; and
(8) to encourage friendly nations to adopt trade policies
similar to the trade policies established by this Act.
(b) COOPERATION WITH BURMA RELATING TO COUNTERNARCOTICS
ACTIVITIES- The Congress declares that--
(1) cooperation with Burma relating to counternarcotics
activities should be limited to improving the capability of
Burma to detect and confiscate narcotics at the international
airport in Rangoon and at the coastal port facilities in burma;
(2) such cooperation with Burma should be initiated only
after the President has certified in writing to the Congress
that such counternarcotics activities are fully consistent With
United States human rights concerns in Burma and are vitalto
United States interests; and
(3) multilateral cooperation with Burma relating to
counternarcotics activities should not contribute to violations
of internationally recognized human rights in Burma.
SEC. 4. SANCTIONS.
(a) IN GENERAL- Until such time as the President determines and
certifies to the appropriate congressional committees that an
elected government of Burma has been allowed to take power as
result of the 1990 election or by new free and fair elections--
(1) the sanctions described in subsection (b) shall be
imposed on Burma; and
(2) the appropriate Government officials may apply the
sanctions described in subsection (c) against Burma.
(b) Mandatory Sanctions-
(1) Investment sanction-
(A) IN GENERAL- United States nationals shall not make
any investment in Burma.
(B) EFFECTIVE DATE- The prohibition contained in
subparagraph (A) shall not apply to investments initiated
on or before January 25, 1996.
(C) REGULATORY AUTHORITY- The President shall issue such
regulations, licenses, or orders as are necessary to carry
out this paragraph.
(2) UNITED STATES ASSISTANCE- United States assistance shall
not be provided for Burma.
(3) MULTILATERAL ASSISTANCE- The Secretary of the Treasury
shall instruct the United States executive director of each
financial institution to vote against any loan or other
utilization of the funds of the respective bank to or for
burma.
(4) PROMOTION OF TRADE OR OTHER COMMERCIAL ACTIVITY- None of
the funds appropriated or otherwise available to any Federal
department or agency shall be obligated or expended for the
purpose of promoting trade or other commercial activity etween
the United States and Burma.
(5) ADMISSION TO UNITED STATES OF BURMESE NATIONALS- (A)
Except as provided in subparagraph (B), any Burmese national
who formulates, implements, or benefits from policies which
hinder the transition of Burma to a democratic country, as
determined by the Attorney General, and any member of the
immediate family of such a national, shall be ineligible to
receive a visa and shall be excluded from admission into the
United States.
(B) The Attorney General may waive the application of
subparagraph (A) with respect to any individual.
(6) ADMISSION TO UNITED STATES OF MEMBERS OF SLORC MILITARY
OR POLICE FORCES- (A) Except as provided in subparagraph (B),
any member, officer, or employee of any military or police
force of the Burmese military regime, known as the State Law
and Order Restoration Council (SLORC), as determined by the
Attorney General, shall be ineligible to receive a visa and
shall be excluded from admission into the United States.
(B) The Attorney General may waive the application of
subparagraph (A) with respect to any individual.
(7) ADMISSION TO UNITED STATES OF CERTAIN OFFICIALS OF THE
GOVERNMENT OF BURMA AND BURMESE CITIZENS- (A) Except as
provided in subparagraph (B), any official of the Burmese
military regime, known as the State Law and Order Restoration
Council (SLORC), or any citizen of Burma who the Attorney
General determines has committed acts which constitute the
essential elements of a violation under chapter 113A of title
18, United States Code (relating to the Convention Against
Torture and Other Cruel Inhuman or Degrading Treatment or
Punishment) shall be ineligible to receive a visa and shall be
excluded from admission into the United States.
(B) The Attorney General may waive the application of
subparagraph (A) with respect to any individual.
(c) Discretionary Sanctions-
(1) Travel to burma-
(A) TRANSPORTATION TO OR FROM BURMA- The President is
authorized to prohibit or limit any transaction by a nited
States person relating to transportation to or from Burma,
the provision of transportation to or from the United
States by any vessel or aircraft of Burmese registration,
or the sale in the United States by any person holding
authority under the Federal Aviation Act of any
transportation by air which includes any stop in Burma.
(B) TOURISM IN BURMA- Notwithstanding any other rovision
of law, the President is authorized to prohibit te use of
funds by any agency of the Government of the United States
to promote tourism in Burma.
(2) DIPLOMATIC REPRESENTATION- The Congress urges the
President not to accept diplomatic representation from Burma t
a level higher than the level of diplomatic representation of
the United States in Burma.
(3) CONTRIBUTIONS TO INTERNATIONAL FINANCIAL INSTITUTIONS-
(A) WITHHOLDING- The President is authorized to withhold
from each international financial institution that funds
activities in Burma (other than emergency humanitarian
activities described in subparagraph (B)) an amount equal
to the United States proportionate share of that funding.
(B) EMERGENCY HUMANITARIAN ACTIVITIES-
(i) IN GENERAL- Subject to clause (ii), the emergency
humanitarian activities described in this subparagraph
are activities to alleviate human suffering caused by
natural disasters such as floods, storms, famine, and
earthquakes.
(ii) ADDITIONAL ACTIVITIES- Activities other than
activities described in clause (i) shall be considered
to be emergency humanitarian activities for purposes of
this subparagraph if the President--
(I) determines that such additional activities support the
interests of the United States; and
(II) transmits such determination in writing to the appropriate
congressional committees.
SEC. 5. REPORT ON BURMESE LABOR PRACTICES.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Labor, in consultation with the Secretary of
State, shall submit a report to the appropriate congressional
committees on--
(1) Burmese compliance with international labor standards
including the use of forced labor, child labor, slave labor,
and involuntary prison labor by the junta;
(2) the degree to which foreign investment in Burma
contributes to violations of fundamental worker rights;
(3) labor practices in support of Burma's foreign tourist
industry; and
(4) efforts by the United States to end violations of
fundamental labor rights in Burma.
SEC. 6. REPORT ON ENVIRONMENTAL DEGRADATION IN BURMA.
Not later than 90 days after the date of enactment of this Act,
the Secretary of State, in consultation with the heads of other
appropriate Federal agencies, shall prepare and submit to the
appropriate congressional committees a report on the exploitation
of resources and the degradation of the environment in Burma,
including--
(1) a discussion of the export of timber by Burma, specially
teak; and
(2) a discussion of the specific progress on cooperation by
Burma with nonprofit nongovernmental organizations that are
concerned with ecological conservation, management, and
training programs.
SEC. 7. REPORT ON STRATEGY SUPPORTING DEMOCRATIC TRANSITION IN BURMA.
Not later than 120 days after the date of enactment of this Act,
the Secretary of State, in consultation with the heads of other
appropriate Federal agencies, shall prepare and submit to the
appropriate congressional committees a report containing a strategy
to restore democracy to Burma consistent with the declarations of
policy contained in section 3 of this Act.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' means--
(A) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
(2) BURMESE ENTITY- The term `Burmese entity' means--
(A) a corporation, partnership, or other business
association or entity organized in Burma; or
(B) a branch, office, agency, or sole proprietorship in
Burma of a person that resides or is organized outside of
Burma.
(3) CONTROLLED BURMESE ENTITY- The term `controlled Burmese
entity' means--
(A) a corporation, partnership, or other business
association or entity organized in Burma and owned or
controlled, directly or indirectly, by a United States
national; or
(B) a branch, office, agency, or sole proprietorship in
Burma of a United States national.
(4) INTERNATIONAL FINANCIAL INSTITUTIONS- The term
`international financial institutions' includes the
International Bank for Reconstruction and Development, the
International Development Association, the Asian Development
Bank, and the International Monetary Fund.
(5) INVESTMENT- The term `investment in Burma'--
(A) includes any contribution or commitment, for any
period of time, of funds, commodities, services, patents,
processes, or techniques, to the Government of Burma, or to
any person or entity in Burma for purposes of financial
gain, in the form of--
(i) a loan or loans;
(ii) the purchase of a share of ownership;
(iii) participation in royalties, earnings, or
profits; or
(iv) the furnishing of commodities or services
pursuant to a lease or other contract; and
(B) does not include--
(i) the reinvestment of profits generated by a
controlled Burmese entity into the same entity;
(ii) contributions of money or other assets to the
extent such contributions are necessary to enable a
controlled Burmese entity--
(I) to fulfill contractual commitments signed before January 25,
1996; or
(II) to operate in an economically sound manner, without
expanding its operations; or
(iii) any activity in Burma by any United States
nongovernmental organization or any United States
private voluntary organization to--
(I) monitor human rights in Burma;
(II) monitor labor practices in Burma; or
(III) monitor and conduct ecological conservation, management, or
training programs.
(6) UNITED STATES ASSISTANCE- The term `United States
assistance' means assistance of any kind which is provided by
grant, sale, loan, lease, credit, guaranty, or insurance, or by
any other means, by any department or agency of the United
States Government to any foreign country.
(7) UNITED STATES NATIONAL- The term `United States national'
means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States or is an alien admitted for permanent residence in
the United States, as defined in section 101(a)(20) of the
Immigration and Nationality Act;
(B) a corporation, partnership, or other business
association which is organized under the laws of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States; or
(C) any other corporation, partnership, or other business
association that is owned or controlled by persons
described in subparagraph (A) or entities described in
subparagraph (B).