05 June 2003
Lantos Introduces House Bill to Sanction Burmese Regime
(HR 2330 would allow U.S. to freeze junta's assets, deny visas) (2540)
The co-chairman of the Congressional Human Rights Caucus introduced a
bill in the House of Representatives June 4 that would sanction
Burma's ruling military junta, and would authorize the President to
"use all available resources to assist Burmese democracy activists
dedicated to nonviolent opposition to the regime in their efforts to
promote freedom, democracy, and human rights" in that country.
Representative Tom Lantos (Democrat of California), the ranking
minority member of the House International Relations Committee,
submitted H.R. 2330 along with 26 co-sponsors. Representative Henry
Hyde (Republican of Illinois), the chairman of the House International
Relations Committee, and Representative Charles Rangel (Democrat of
New York), the ranking minority member of the House Ways and Means
Committee, were among the bill's co-sponsors.
The proposed legislation has extensive requirements on sanctioning
Burma, and thus was referred to the House International Relations
Committee, the House Ways and Means Committee, the House Financial
Services Committee, and the House Judiciary Committee for action.
Senator Mitch McConnell (Republican of Kentucky) submitted a similar
bill, S 1182, to the Senate the same day. The Senate bill, which was
referred to the Senate Foreign Relations Committee, had ten
co-sponsors, including Senator Tom Daschle (Democrat of South Dakota),
the Senate Minority Leader.
H.R. 2330, called the Burmese Freedom and Democracy Act of 2003, noted
that it was the policy of the United States, "as articulated by the
President on April 24, 2003," to officially recognize the National
League of Democracy (NLD) "as the legitimate representative of the
Burmese people as determined by the 1990 election."
The proposed legislation would ban imports from Burma, stating that
"no article may be imported into the United States that is produced,
mined, manufactured, grown, or assembled in Burma," until the
President had certified to Congress that Burma had met certain
conditions.
Those conditions include the requirement that the ruling government
apparatus known as the State Peace and Development Council (SPDC) make
"substantial and measurable progress to end violations of
internationally recognized human rights including rape."
The SPDC would have to show it was making progress toward implementing
a democratic government by allowing freedom of speech, freedom of the
press, and freedom of association, and by releasing political
prisoners.
H.R. 2330 also calls on the SPDC to permit the peaceful exercise of
religion, and to bring to a conclusion "an agreement between the SPDC
and the democratic forces led by the NLD and Burma's ethnic
nationalities on the transfer of power to a civilian government
accountable to the Burmese people through democratic elections under
the rule of law."
H.R. 2330 would require the Secretary of State, after consultation
with the International Labor Organization Secretary General and
relevant nongovernmental organizations, to report to Congress that the
SPDC "no longer systematically violates workers rights, including the
use of forced and child labor, and conscription of child-soldiers"
before the import ban could be lifted.
The bill would authorize the President "to deny visas and entry to the
former and present leadership of the SPDC or the Union Solidarity
Development Association."
H.R. 2330 would authorize the Secretary of the Treasury to instruct
U.S. executives at international lending institutions to vote against
any loan or loan extension for the Burmese regime.
The proposed legislation would also require the United States to
freeze the assets of the junta within 60 days of the bill's enactment
into law.
Following is the text of H.R. 2330 from the Congressional Record:
(begin text)
Burmese Freedom and Democracy Act of 2003
Introduced in House
HR 2330 IH
108th CONGRESS
1st Session
H. R. 2330
To sanction the ruling Burmese military junta, to strengthen Burma's
democratic forces and support and recognize the National League of
Democracy as the legitimate representative of the Burmese people, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 4, 2003
Mr. LANTOS (for himself, Mr. KING of New York, Mr. HYDE, Mr. SMITH of
New Jersey, Mr. RANGEL, Ms. ROS-LEHTINEN, Mr. MENENDEZ, Mr.
ROHRABACHER, Mr. FALEOMAVAEGA, Mr. PITTS, Mr. LEVIN, Mr. SOUDER, Mr.
ACKERMAN, Mr. SHERMAN, Mr. GEORGE MILLER of California, Mr. CROWLEY,
Mr. HOEFFEL, Mr. BROWN of Ohio, Mr. ENGEL, Mr. BLUMENAUER, Mr. SCHIFF,
Mr. ANDREWS, Mr. MCGOVERN, Mr. OLVER, Mr. FARR, Mr. EVANS, and Mr.
ABERCROMBIE) introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the
Committees on Ways and Means, Financial Services, and the Judiciary,
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 sanction the ruling Burmese military junta, to strengthen Burma's
democratic forces and support and recognize the National League of
Democracy as the legitimate representative of the Burmese people, 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 `Burmese Freedom and Democracy Act of
2003'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has failed to
transfer power to the National League for Democracy (NLD) whose
parliamentarians won an overwhelming victory in the 1990 elections in
Burma.
(2) The SPDC has failed to enter into meaningful, political dialogue
with the NLD and ethnic minorities and has dismissed the efforts of
United Nations Special Envoy Razali bin Ismail to further such
dialogue.
(3) According to the State Department's `Report to the Congress
Regarding Conditions in Burma and U.S. Policy Toward Burma' dated
March 28, 2003, the SPDC has become `more confrontational' in its
exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued support for the
NLD throughout Burma, brutally attacked NLD supporters, killed and
injured scores of civilians, and arrested democracy advocate Aung San
Suu Kyi and other activists.
(5) The SPDC continues egregious human rights violations against
Burmese citizens, uses rape as a weapon of intimidation and torture
against women, and forcibly conscripts child-soldiers for the use in
fighting indigenous ethnic groups.
(6) The SPDC has demonstrably failed to cooperate with the United
States in stopping the flood of heroin and methamphetamines being
grown, refined, manufactured, and transported in areas under the
control of the SPDC serving to flood the region and much of the world
with these illicit drugs.
(7) The SPDC provides safety, security, and engages in business
dealings with narcotics traffickers under indictment by United States
authorities, and other producers and traffickers of narcotics.
(8) The International Labor Organization (ILO), for the first time in
its 82-year history, adopted in 2000, a resolution recommending that
governments, employers, and workers organizations take appropriate
measures to ensure that their relations with the SPDC do not abet the
government-sponsored system of forced, compulsory, or slave labor in
Burma, and that other international bodies reconsider any cooperation
they may be engaged in with Burma and, if appropriate, cease as soon
as possible any activity that could abet the practice of forced,
compulsory, or slave labor.
(9) The SPDC has integrated the Burmese military and its surrogates
into all facets of the economy effectively destroying any free
enterprise system.
(10) Investment in Burmese companies and purchases from them serve to
provide the SPDC with currency that is used to finance its instruments
of terror and repression against the Burmese people.
(11) On April 15, 2003, the American Apparel and Footwear Association
expressed its `strong support for a full and immediate ban on U.S.
textiles, apparel and footwear imports from Burma' and called upon the
United States Government to `impose an outright ban on U.S. imports'
of these items until Burma demonstrates respect for basic human and
labor rights of its citizens.
(12) The policy of the United States, as articulated by the President
on April 24, 2003, is to officially recognize the NLD as the
legitimate representative of the Burmese people as determined by the
1990 election.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) GENERAL BAN-
(1) IN GENERAL- Notwithstanding any other provision of law, 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.
(2) BAN ON IMPORTS FROM CERTAIN COMPANIES- The import restrictions
contained in paragraph (1) shall apply to, among other entities--
(A) the SPDC, any ministry of the SPDC, a member of the SPDC or an
immediate family member of such member;
(B) known narcotics traffickers from Burma or an immediate family
member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or
any company in which the UMEHI has a fiduciary interest;
(D) the Myanmar Economic Corporation (MEC) or any company in which the
MEC has a fiduciary interest;
(E) the Union Solidarity and Development Association (USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
(3) CONDITIONS DESCRIBED- The conditions described in this paragraph
are the following: (A) The SPDC has made substantial and measurable
progress to end violations of internationally recognized human rights
including rape, and the Secretary of State, after consultation with
the ILO Secretary General and relevant nongovernmental organizations,
reports to the appropriate congressional committees that the SPDC no
longer systematically violates workers rights, including the use of
forced and child labor, and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial progress toward
implementing a democratic government including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of religion; and
(v) bringing to a conclusion an agreement between the SPDC and the
democratic forces led by the NLD and Burma's ethnic nationalities on
the transfer of power to a civilian government accountable to the
Burmese people through democratic elections under the rule of law.
(C) Pursuant to section 706(2) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228), Burma has not been
designated as a country that has failed demonstrably to make
substantial efforts to adhere to its obligations under international
counternarcotics agreements and to take other effective
counternarcotics measures, including, but not limited to (i) the
arrest and extradition of all individuals under indictment in the
United States for narcotics trafficking, (ii) concrete and measurable
actions to stem the flow of illicit drug money into Burma's banking
system and economic enterprises, and (iii) actions to stop the
manufacture and export of methamphetamines.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES- In this subsection, the term
`appropriate congressional committees' means the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House of
Representatives.
(b) WAIVER AUTHORITIES- The President may waive the prohibitions
described in this section for any or all products imported from Burma
to the United States if the President determines and notifies the
Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations, International Relations, and Ways
and Means of the House of Representatives that to do so is in the
national security interest of the United States.
(c) DURATION OF TRADE BAN- The President may terminate the
restrictions contained in this Act upon the request of a
democratically elected government in Burma, provided that all the
conditions in subsection (a)(3) have been met.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the Treasury shall direct, and promulgate regulations to
the same, that any United States financial institution holding funds
belonging to the SPDC or the assets of those individuals who hold
senior positions in the SPDC or its political arm, the Union
Solidarity Development Association, shall promptly report those assets
to the Office of Foreign Assets Control. The Secretary of the Treasury
may take such action as may be necessary to secure such assets or
funds.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or
financial or technical assistance to Burma until such time as the
conditions described in section 3(a)(3) are met.
SEC. 6. EXPANSION OF VISA BAN.
(a) IN GENERAL-
(1) VISA BAN- The President is authorized to deny visas and entry to
the former and present leadership of the SPDC or the Union Solidarity
Development Association.
(2) UPDATES- The Secretary of State shall coordinate on a biannual
basis with representatives of the European Union to ensure that an
individual who is banned from obtaining a visa by the European Union
for the reasons described in paragraph (1) is also banned from
receiving a visa from the United States.
(b) PUBLICATION- The Secretary of State shall post on the Department
of State's website the names of individuals whose entry into the
United States is banned under subsection (a).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
Congress encourages the Secretary of State to highlight the abysmal
record of the SPDC to the international community and use all
appropriate fora, including the Association of Southeast Asian Nations
Regional Forum and Asian Nations Regional Forum, to encourage other
states to restrict financial resources to the SPDC and Burmese
companies while offering political recognition and support to Burma's
democratic movement including the National League for Democracy and
Burma's ethnic groups.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) IN GENERAL- The President is authorized to use all available
resources to assist Burmese democracy activists dedicated to
nonviolent opposition to the regime in their efforts to promote
freedom, democracy, and human rights in Burma, including a listing of
constraints on such programming.
(b) REPORTS-
(1) FIRST REPORT- Not later than 3 months after the date of enactment
of this Act, the Secretary of State shall provide the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and International Relations of the House of
Representatives a comprehensive report on its short- and long-term
programs and activities to support democracy activists in Burma,
including a list of constraints on such programming.
(2) REPORT ON RESOURCES- Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall provide the
Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and International Relations of the
House of Representatives a report identifying resources that will be
necessary for the reconstruction of Burma, after the SPDC is removed
from power, including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of military officers
and personnel into Burmese society; and
(E) providing health, educational, and economic development.
(end text)
(Distributed by the Bureau of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
|
NEWSLETTER
|
|
Join the GlobalSecurity.org mailing list
|
|
|
