12 June 2003
Senate Passes Burma Sanctions Bill by 97-1 Margin
(Senator Mitch McConnell's bill would ban imports from Burma) (2480)
The Senate passed by a 97-to-1 vote June 11 a bill that would ban
exports from Burma and freeze assets of the Rangoon regime in the
United States.
Led by Senator Mitch McConnell (Republican of Kentucky), senators from
across the political spectrum backed S. 1215, which now goes to the
House of Representatives where a similar bill, H.R. 2330, is being
marked up by the House International Relations Committee.
McConnell, the Deputy Majority Leader in the Senate, had worked with
the Senate leadership to bring the bill directly to the floor of the
Senate, where it passed overwhelmingly.
After the May 30 attack on Burmese democracy advocate Aung San Suu
Kyi, McConnell spoke out against Burma's military rulers in the Senate
and crafted the bill.
Only Senator Michael Enzi (Republican of Wyoming), a member of the
Senate Foreign Relations Committee, voted against the Burmese Freedom
and Democracy Act of 2003.
The two senators not voting on the bill were Senator John Kerry
(Democrat of Massachusetts), the ranking minority member of the Senate
Foreign Relations Subcommittee on Asia and the Pacific and a declared
candidate for the 2004 Democratic Nomination for President, and
Senator Charles Schumer (Democrat of New York).
Following is the text of S 1215 from the Congressional Record:
(begin text)
Burmese Freedom and Democracy Act of 2003
Engrossed as Agreed to or Passed by Senate
S 1215 ES
108th CONGRESS
1st Session
S. 1215
AN ACT
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 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.
(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 the terms of section 706 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228), Burma has
not failed demonstrably to make substantial efforts to adhere to its
obligations under international counternarcotics agreements and to
take other effective counternarcotics measures, including the arrest
and extradition of all individuals under indictment in the United
States for narcotics trafficking, and concrete and measurable actions
to stem the flow of illicit drug money into Burma's banking system and
economic enterprises and to stop the manufacture and export of
methamphetamines.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES- In this Act, the term
`appropriate congressional committees' means the Committee on Foreign
Relations, the Committee on Finance, and the Committee on
Appropriations of the Senate and the Committee on International
Relations, the Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
(b) WAIVER AUTHORITIES-
(1) IN GENERAL- 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 appropriate
congressional committees that to do so is in the vital national
security interest of the United States.
(2) INTERNATIONAL OBLIGATIONS- The President may waive any provision
of this Act found to be in violation of any international obligations
of the United States pursuant to any final ruling relating to Burma
under the dispute settlement procedures of the World Trade
Organization.
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.
(a) IN GENERAL- 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.
(b) UNITED STATES EMBASSY- The United States embassy in Rangoon shall
take all steps necessary to provide access of information and United
States policy decisions to media organs not under the control of the
ruling military regime.
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 appropriate
congressional committees 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
appropriate congressional committees 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.
(3) REPORT ON TRADE SANCTIONS- Not later than 90 days before the date
that the import restrictions contained in section 3(a)(1) are to
expire, the Secretary of State, in consultation with the United States
Trade Representative and other appropriate agencies, shall submit to
the appropriate congressional committees, a report on--
(A) conditions in Burma, including human rights violations, arrest and
detention of democracy activists, forced and child labor, and the
status of dialogue between the SPDC and the NLD and ethnic minorities;
(B) bilateral and multilateral measures undertaken by the United
States Government and other governments to promote human rights and
democracy in Burma; and
(C) the impact and effectiveness of the provisions of this Act in
furthering the policy objectives of the United States toward Burma.
SEC. 9. DURATION OF SANCTIONS.
(a) TERMINATION BY REQUEST FROM DEMOCRATIC BURMA- The President may
terminate any provision in this Act upon the request of a
democratically elected government in Burma, provided that all the
conditions in section 3(a)(3) have been met.
(b) CONTINUATION OF IMPORT SANCTIONS-
(1) EXPIRATION- The import restrictions contained in section 3(a)(1)
shall expire 1 year from the date of enactment of this Act unless
renewed under paragraph (2) of this section.
(2) RESOLUTION BY CONGRESS- The import restrictions contained in
section 3(a)(1) may be renewed annually for a 1-year period if, prior
to the anniversary of the date of enactment of this Act, and each year
thereafter, a renewal resolution is enacted into law in accordance
with subsection (c).
(c) RENEWAL RESOLUTIONS-
(1) IN GENERAL- For purposes of this section, the term `renewal
resolution' means a joint resolution of the 2 Houses of Congress, the
sole matter after the resolving clause of which is as follows: `That
Congress approves the renewal of the import restrictions contained in
section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003.'
(2) PROCEDURES-
(A) IN GENERAL- A renewal resolution--
(i) may be introduced in either House of Congress by any member of
such House at any time within the 90-day period before the expiration
of the import restrictions contained in section 3(a)(1); and
(ii) the provisions of subparagraph (B) shall apply.
(B) EXPEDITED CONSIDERATION- The provisions of section 152 (b), (c),
(d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c),
(d), (e), and (f)) apply to a renewal resolution under this Act as if
such resolution were a resolution described in section 152(a) of the
Trade Act of 1974.
Passed the Senate June 11, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 1215
AN ACT
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.
(end text)
(Distributed by the Bureau of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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