Burmese Freedom and Democracy Act of 2003 - (Sec. 3) Prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has met certain conditions, including that: (1) the State Peace and Development Council (SPDC) has made substantial progress to end violations of internationally recognized human rights including rape, and the Secretary of State reports to the appropriate congressional committees that the SPDC no longer violates workers' rights, including the use of forced and child labor, and conscription of child-soldiers; (2) the SPDC has made substantial progress toward implementing a democratic government, including releasing all political prisoners, allowing freedom of speech, the press, and association, permitting the peaceful exercise of religion, and concluding an agreement with the democratic forces led by the National League for Democracy (NLD) and Burma's ethnic nationalities on the transfer of power to a civilian government through democratic elections under the rule of law; and (3) Burma has not failed 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 U.S. indictment for narcotics trafficking, and concrete 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. Authorizes the President to waive such requirements if: (1) it is in the vital national security interest of the United States; and (2) they are 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) Directs the Secretary of the Treasury to direct any U.S. financial institution holding funds of the SPDC or the assets of individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, to report those assets to the Office of Foreign Assets Control and take such action as may be necessary to secure them.
(Sec. 5) Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose any extension by such institution of a loan or financial or technical assistance to Burma until the requirements of this Act are met.
(Sec. 6) Authorizes the President to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. Requires the Secretary of State to coordinate on a biannual basis with European Union (EU) representatives to ensure that an individual banned from obtaining a visa by the EU for the reasons contained in this Act is also banned from receiving a visa from the United States.
(Sec. 7) Urges 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. Directs the U.S. embassy in Rangoon to take all steps necessary to provide access of information and U.S. policy decisions to media organs not under the control of the ruling military regime.
(Sec. 8) Authorizes 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 Burma.
Directs the Secretary of State to report to the appropriate congressional committees on: (1) its short-and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming; (2) resources that will be necessary for the reconstruction of Burma after the SPDC is removed from power; and (3) the effectiveness of the import restrictions in promoting human rights and democracy in Burma.
(Sec. 9) Authorizes the President to terminate the import restrictions in this Act upon the request of a democratically elected government in Burma, provided all the conditions contained in this Act have been met. States that the import restrictions of this Act shall expire one year after enactment of this Act, unless renewed by Congress with a joint resolution meeting certain requirements. Allows annual renewals of such restrictions by enactment of a similar joint resolution.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1215 Placed on Calendar Senate (PCS)]
Calendar No. 132
108th CONGRESS
1st Session
S. 1215
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 SENATE OF THE UNITED STATES
June 9, 2003
Mr. McConnell (for himself, Mr. Reid, Mr. Voinovich, and Mr. Edwards)
introduced the following bill; which was read the first time
June 10, 2003
Read the second time and placed on the calendar
_______________________________________________________________________
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 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
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.--
(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 Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
International Relations of the House of Representatives that to
do so is in the 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.
(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.
(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 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.
Calendar No. 132
108th CONGRESS
1st Session
S. 1215
_______________________________________________________________________
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.
_______________________________________________________________________
June 10, 2003
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 132.
Measure laid before Senate by unanimous consent. (consideration: CR S7690-7702)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 220.(text: CR S7700-7702)
Roll Call #220 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 220. (text: CR S7700-7702)
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