The final version of Burma Amendmen

[FreeBurma@xxxxxxx]

Subject: The final version of Burma Amendments on HR.3540 passed by the U.S. Senate

Attn: Burma and Burmese Activists
Re:  The final version of Burma Amendment on HR.3540 passed by the U.S.
Senate 
       (July 25, 1996)


Dear frineds,


The complete text of discussion during the Senate debate will be posted soon.
Also please  visit the following web site
(http://www.clark.net/pub/burmaus/).

In peace and solidarity,
Zaw Zaw
-----------------------


H.R.3540
Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1997 
(House Appropriation Bill as Passed by Senate) 

Policy Toward Burma 


Sec. 568. (a) Until such time as the President determines and certifies to
Congress that 
Burma has made measurable and substantial progress in improving human rights
practices  and implementing democratic government, the following sanctions
shall be imposed on  Burma: 

(1) Bilateral assistance: There shall be no United States assistance to the
Government 
of Burma , other than: 

(A) humanitarian assistance, 

(B) counter-narcotics assistance under chapter 8 of part I of the Foreign
Assistance Act 
of 1961, or crop substitution assistance, if the Secretary of State certifies
to the 
appropriate congressional committees that-- 

(i) the Government of Burma is fully cooperating with United States
counter-narcotics 
efforts, and 

(ii) the programs are fully consistent with United States human rights
concerns in Burma 
and serve the United States national interest, and 

(C) assistance promoting human rights and democratic values. 

(2) Multilateral assistance: The Secretary of the Treasury shall instruct the
United 
States executive director of each international financial institution to vote
against 
any loan or other utilization of funds of the respective bank to or for Burma
 . 

(3) Visas: Except as required by treaty obligations or to staff the Burmese
mission to 
the United States, the United States shall not grant entry visas to any
Burmese 
government official. 

(b) Conditional Sanctions: The President shall prohibit United States persons
from new 
investment in Burma , if the President determines and certifies to Congress
that, after 
the date of enactment of this Act, the Government of Burma has physically
harmed, 
rearrested for political acts, or exiled Daw Aung San Suu Kyi or has
committed 
large-scale repression of or violence against the Democratic opposition.  

(c) Multilateral Strategy: The President shall seek to develop, in
coordination with 
members of ASEAN and other countries having major trading and investment
interests in 
Burma , a comprehensive, multilateral strategy to bring democracy to and
improve human 
rights practices and the quality of life in Burma , including the development
of a 
dialogue between the State Law and Order Restoration Council (SLORC) and
democratic 
opposition groups within Burma. 

(d) Presidential Reports: Every six months following the enactment of this
Act, the 
President shall report to the Chairmen of the Committee on Foreign Relations,
the 
Committee on International Relations and the House and Senate Appropriations
Committees 
on the following: 

(1) progress toward democratization in Burma ; 

(2) progress on improving the quality of life of the Burmese people,
including progress 
on market reforms, living standards, labor standards, use of forced labor in
the tourism 
industry, and environmental quality; and 

(3) progress made in developing the strategy referred to in subsection (c). 

(e) Waiver Authority: The President shall have the authority to waive,
temporarily or 
permanently, any sanction referred to in subsection (a) or subsection (b) if
he 
determines and certifies to Congress that the application of such sanction
would be 
contrary to the national security interests of the United States. 

(f) Definitions: 

(1) The term `international financial institutions' shall include the
International Bank 
for Reconstruction and Development, the International Development
Association, the 
International Finance Corporation, the Multilateral Investment Guarantee
Agency, the 
Asian Development Bank, and the International Monetary Fund. 

(2) The term `new investment' shall mean any of the following activities if
such an 
activity is undertaken pursuant to an agreement, or pursuant to the exercise
of rights 
under such an agreement, that is entered into with the Government of Burma or
a 
nongovernmental entity in Burma , on or after the date of the certification
under 
subsection (b): 

(A) the entry into a contract that includes the economical development of
resources 
located in Burma , or the entry into a contract providing for the general
supervision 
and guarantee of another person's performance of such a contract; 

(B) the purchase of a share of ownership, including an equity interest, in
that 
development; 

(C) the entry into a contract providing for the participation in royalties,
earnings, or 
profits in that development, without regard to the form of the participation:


Provided, That the term `new investment' does not include the entry into,
performance 
of, or financing of a contract to sell or purchase goods, services, or
technology. 


Reports on the situation in burma 

Sec. 569. (a) Labor Practices: Not later than 90 days after the date of the
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) Burma 's compliance with international labor standards including, but not
limited 
to, the use of forced 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. 

(b) Definition: As used in this section, the term `appropriate congressional
committees' 
means the Committee on Appropriations and the Committee on Foreign Relations
of the 
Senate and the Committee on Appropriations and the Committee on International
Relations 
of the House of Representatives. 

(c) Funding: (1) There are hereby appropriated, out of any money in the
Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 1997, for
expenses 
necessary to carry out the provisions of this section, $30,000 to the
Department of 
Labor. 

(2) The amount appropriated by this Act under the heading `Department of
State, 
international narcotics control' shall be reduced by $30,000. 


BURMA 

Of the funds appropriated by this Act to carry out the provisions of chapter
8 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than
$2,500,000 
shall be made available to support activities in Burma , along the Burma
-Thailand 
border, and for activities of Burmese student groups and other organizations
located 
outside Burma , for the purposes of fostering democracy in Burma, supporting
the 
provision of medical supplies and other humanitarian assistance to Burmese
located in
Burma or displaced Burmese along the borders, and for other purposes:
Provided, That of 
this amount, not less than $200,000 shall be made available to support
newspapers, 
publications, and other media activities promoting democracy inside Burma :
Provided 
further, That funds made available under this heading may be made available 
notwithstanding any other provision of law: Provided further, That provision
of such 
funds shall be made available subject to the regular notification procedures
of the
Committees on Appropriations. 

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