Burma Freedom and Democracy Act of 2003, Public Law 108-61
http://www.treasury.gov/resource-center/sanctions/Documents/bfda_2003.pdf
Public Law 108–61
108th Congress
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 is engaged in ethnic cleansing against
minorities within Burma, including the Karen, Karenni, and
Shan people, which constitutes a crime against humanity and
has directly led to more than 600,000 internally displaced
people living within Burma and more than 130,000 people
from Burma living in refugee camps along the Thai-Burma
border.
(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional
beliefs.
(8) 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.
(9) 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.
(10) 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.
(11) The SPDC has integrated the Burmese military and
its surrogates into all facets of the economy effectively
destroying any free enterprise system.
(12) 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.
(13) 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.
(14) 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.
(15) The United States must work closely with other
nations, including Thailand, a close ally of the United States,
to highlight attention to the SPDC’s systematic abuses of
human rights in Burma, to ensure that nongovernmental
organizations promoting human rights and political freedom
in Burma are allowed to operate freely and without harassment,
and to craft a multilateral sanctions regime against Burma
in order to pressure the SPDC to meet the conditions identified
in section 3(a)(3) of this Act.
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), beginning 30 days after the date of the enactment
of this Act, the President shall ban the importation of
any article that is a product of 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 childsoldiers.
(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 articles that
are a product of Burma if the President determines and notifies
the Committees on Appropriations, Finance, 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 interest of the United States.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
STATES.
(a) REPORTING REQUIREMENT.—Not later than 60 days after
the date of enactment of this Act, the President shall take such
action as is necessary to 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
funds or assets to the Office of Foreign Assets Control.
(b) ADDITIONAL AUTHORITY.—The President may take such
action as may be necessary to impose a sanctions regime to freeze
such funds or assets, subject to such terms and conditions as
the President determines to be appropriate.
(c) DELEGATION.—The President may delegate the duties and
authorities under this section to such Federal officers or other
officials as the President deems appropriate.
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 allow officials of the United States and the European Union
to ensure a high degree of coordination of lists of individuals
banned from obtaining a visa by the European Union for the
reason described in paragraph (1) and those 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.
(3) REPORT ON TRADE SANCTIONS.—Not later than 90 days
before the date on which 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
the heads of appropriate agencies, shall submit to the Committees
on Appropriations, Finance, and Foreign Relations of the
Senate, and the Committees on Appropriations, International
Relations, and Ways and Means of the House of Representatives,
a report on—
(A) bilateral and multilateral measures undertaken by
the United States Government and other governments to
promote human rights and democracy in Burma;
(B) the extent to which actions related to trade with
Burma taken pursuant to this Act have been effective
in—
(i) improving 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;
(ii) furthering the policy objections of the United
States toward Burma; and
(C) the impact of actions relating to trade take pursuant
to this Act on other national security, economic, and
foreign policy interests of the United States, including relations
with countries friendly to the United States.
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).
(3) LIMITATION.—The import restrictions contained in section
3(a)(1) may be renewed for a maximum of three years
from the date of the enactment of this Act.
(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.
Approved July 28, 2003.
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