AFP-Supreme Court review of "Burma

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Subject: AFP-Supreme Court review of "Burma law" will decide local sanction power

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Wednesday, December 1 4:45 AM SGT=20
Supreme Court review of "Burma law" will decide local sanction power
WASHINGTON, Nov 30 (AFP) -=20
The US Supreme Court's decision to review a Massachusetts law aimed at =
penalizing military-run Myanmar will rally democracy activists there, =
analysts said Tuesday.

"This is very significant," said Simon Billenness, a senior analyst at =
Trillium Management Corp., an asset management company who co-authored =
the Massachusetts Burma Law.

Burma was the former name of Myanmar.

"The Supreme Court only takes about two percent of the cases appealed to =
it, so it clearly views this as an opportunity to clarify the law or =
make a new law," agreed Bob Stumberg, a law professor at Georgetown =
University.

The US Court of Appeals in Boston last month unanimously upheld a =
November 1998 lower-court decision that Massachusetts intruded upon the =
powers of the federal government when it passed the Burma Law, as =
Myanmar used to be known. The court agreed that the state could not =
impose selective purchasing sanctions on firms that do business with =
Myanmar.

The Supreme Court agreed Monday to review the June 22 appellate court =
decision which found the sanctions law unconstitutional.

"Certainly this decision should give heart to the Burmese democracy =
movement inside the country," Billenness added.

Myanmar's leading democracy spokeswoman, Aung San Suu Kyi has called for =
international sanctions on her country as a means of pressuring the =
ruling military to ease its political grip on its people.

Whatever the court rules, its decision will be binding across the =
country. A ruling is expected before the court adjourns next June.

The Burma Law, undertaken by several US states and cities, adds a ten =
percent penalty on companies who do business in Burma when they bid on =
government procurement contracts -- effectively barring them from =
winning those contracts.

"The existence of selected purchasing laws in the United States have =
proved to be a powerful deterrent to companies seeking to do business in =
Burma," Billenness stated.

The National Foreign Trade Council, the successful plaintiff that =
challenged the Burma Law, announced on its website USA Engage that it =
supported the Supreme Court review.

"This case has always been about what is permissible under the US =
Constitution, not about Burma," NFTC president Frank Kitredge said on =
the site.

"With American businesses currently facing a patchwork of state and =
local sanctions that inhibit the ability to conduct business abroad, a =
prompt nationwide resolution is essential -- and this is the right case =
in which to review the case," he said.

A related case at the World Trade Organization is riding on the Supreme =
Court decision.

The European Union and Japan took the United States to the WTO saying =
the Massachusetts Burma Law violated WTO government procurement =
agreements barring the use of non-economic criteria in granting the =
contracts.

The dispute went as far as a WTO dispute panel. The process was =
suspended in November 1998 when the US federal court struck the law down =
as unconstitutional.

But Billenness argues the National Foreign Trade Council is trying to =
repeal a key legacy of the anti-apartheid fight when dozens of US cities =
and states, as part of a wide international movement, effectively barred =
companies that did business in South Africa from winning municipal and =
state contracts .

"The Massachusetts Burma Law uses the exact same mechanisms as these =
former anti-apartheid laws," Billenness pointed out.


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<DIV><FONT face=3DArial size=3D2><B>Wednesday, December 1</B> 4:45 AM =
SGT=20
<H2><FONT size=3D4>Supreme Court review of "Burma law" will decide local =
sanction=20
power</FONT></H2>WASHINGTON, Nov 30 (AFP) -=20
<P>The US Supreme Court's decision to review a Massachusetts law aimed =
at=20
penalizing military-run Myanmar will rally democracy activists there, =
analysts=20
said Tuesday.</P>
<P>"This is very significant," said Simon Billenness, a senior analyst =
at=20
Trillium Management Corp., an asset management company who co-authored =
the=20
Massachusetts Burma Law.</P>
<P>Burma was the former name of Myanmar.</P>
<P>"The Supreme Court only takes about two percent of the cases appealed =
to it,=20
so it clearly views this as an opportunity to clarify the law or make a =
new=20
law," agreed Bob Stumberg, a law professor at Georgetown University.</P>
<P>The US Court of Appeals in Boston last month unanimously upheld a =
November=20
1998 lower-court decision that Massachusetts intruded upon the powers of =
the=20
federal government when it passed the Burma Law, as Myanmar used to be =
known.=20
The court agreed that the state could not impose selective purchasing =
sanctions=20
on firms that do business with Myanmar.</P>
<P>The Supreme Court agreed Monday to review the June 22 appellate court =

decision which found the sanctions law unconstitutional.</P>
<P>"Certainly this decision should give heart to the Burmese democracy =
movement=20
inside the country," Billenness added.</P>
<P>Myanmar's leading democracy spokeswoman, Aung San Suu Kyi has called =
for=20
international sanctions on her country as a means of pressuring the =
ruling=20
military to ease its political grip on its people.</P>
<P>Whatever the court rules, its decision will be binding across the =
country. A=20
ruling is expected before the court adjourns next June.</P>
<P>The Burma Law, undertaken by several US states and cities, adds a ten =
percent=20
penalty on companies who do business in Burma when they bid on =
government=20
procurement contracts -- effectively barring them from winning those=20
contracts.</P>
<P>"The existence of selected purchasing laws in the United States have =
proved=20
to be a powerful deterrent to companies seeking to do business in =
Burma,"=20
Billenness stated.</P>
<P>The National Foreign Trade Council, the successful plaintiff that =
challenged=20
the Burma Law, announced on its website USA Engage that it supported the =
Supreme=20
Court review.</P>
<P>"This case has always been about what is permissible under the US=20
Constitution, not about Burma," NFTC president Frank Kitredge said on =
the=20
site.</P>
<P>"With American businesses currently facing a patchwork of state and =
local=20
sanctions that inhibit the ability to conduct business abroad, a prompt=20
nationwide resolution is essential -- and this is the right case in =
which to=20
review the case," he said.</P>
<P>A related case at the World Trade Organization is riding on the =
Supreme Court=20
decision.</P>
<P>The European Union and Japan took the United States to the WTO saying =
the=20
Massachusetts Burma Law violated WTO government procurement agreements =
barring=20
the use of non-economic criteria in granting the contracts.</P>
<P>The dispute went as far as a WTO dispute panel. The process was =
suspended in=20
November 1998 when the US federal court struck the law down as=20
unconstitutional.</P>
<P>But Billenness argues the National Foreign Trade Council is trying to =
repeal=20
a key legacy of the anti-apartheid fight when dozens of US cities and =
states, as=20
part of a wide international movement, effectively barred companies that =
did=20
business in South Africa from winning municipal and state contracts =
 .</P>
<P>"The Massachusetts Burma Law uses the exact same mechanisms as these =
former=20
anti-apartheid laws," Billenness pointed out.</P>
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