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HR 3890 RFSEAS

110th CONGRESS In the Senate of the United States,

1st Session December 19, 2007.

H. Resolved, That the bill from the House of Representatives (H.R. 3890IN THE SENATE OF THE UNITED STATES) entitled `An ActDecember 12, 2007Received; read twice and referred the Committee on Foreign RelationsAN ACTTo to amend the Burmese Freedom and Democracy Act of 2003 to impose import sanctions on Burmese gemstones, expand the number of individuals against whom the visa ban is applicable, expand the blocking of assets and other prohibited activities, and for other purposes. Be it enacted by', do pass with the Senate and House of Representatives offollowing

AMENDMENTS:

Strike out all after the United States of America in Congress assembled,enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Block Burmese JADE (Junta's Anti-Democratic Efforts)urma Democracy Promotion Act of 2007'.

SEC. 2. FINDINGS.

Congress findmakes the following: findings:

(1) The Burmese regime has continued and worsened its obstruction (1) Beginning on August 19, 2007, hundreds of democratic processes and mass violationthousands of human rights identified in the Burmese Freedom and Democracy Actcitizens of 2003 (Public Law 108-61; Burma, including thousand50 U.S.C. 1701 note). In August and September 2007, Burmese people from all walks of life conducted their largest peaceful public protests since 1988. The peaceful public protests responded to a drastic increaseBuddhist monks and students, participated in fuel prices, as well as the Burmese regime's ongoing denial ofpeaceful demonstrations against rapidly deteriorating living conditions and the democraticviolent and human rightrepressive policies of the Burmese people. On September 24, 2007, Buddhist monks actively participatedState Peace and increasingly led these peaceful demonstrations, culminatingDevelopment Council, the ruling military regime in an estimated 100,000 people marching through Rangoon, Burma. The protesters peacefully demandeBurma--

(A) to demand the release of all political prisoners, including 1991 Nobel Peace Prize Winner Dawwinner Aung San Suu Kyi, the leader of; and

(B) to urge the National League for Democracy (NLD), marching past security barricadesSPDC to her housengage in a show of support for Burmese democracy.meaningful dialogue to pursue national reconciliation.

(2) The Burmese regimeSPDC violently confronted unarmed demonstrators, killing, injuring, and imprisoning citizens, including several thousand Buddhist monks, and continues to refuse to recognize the resultforcefully restrict peaceful forms of public expression.

(3) The Department of State's 2006 Country Reports on Human Rights Practices found that the 1990 election, won bySPDC--

(A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement;

(B) traffics in persons;

(C) discriminates against women and ethnic minorities;

(D) forcibly recruits child soldiers and child labor; and

(E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the NLD, which gaveimprisonment of citizens arbitrarily for political motives.

(4) Aung San Suu Kyi's party the right to form a government. has been arbitrarily imprisoned or held under house arrest for more than 12 years.

(2) The Burmese regime, which calls itself (5) On September 25, 2007, President Bush announced that the State PeaceUnited States would--

(A) tighten economic sanctions against Burma, and Development Council (SPDC), responded to these peaceful protests with a violent crackdown leading to the reported killing of some 200 people, including a Japanese photojournalist,block property and hundredinterests in property of--

(i) certain senior leaders of injuries. Human rights groups further estimate that over 2,000the SPDC;

(ii) individuals have been detained, arrested, imprisoned, beaten, tortured, or otherwise intimidated as partwho provide financial backing for the SPDC; and

(iii) individuals responsible for violations of this crackdown. The Burmese regime continues to detain, torture,human rights and otherwise intimidate those individuals whom it believes participatedfor impeding the transition to democracy in Burma; and

(B) impose an expanded visa ban on individuals--

(i) responsible for violations of human rights; and

(ii) who aid, abet, or ledbenefit from the protests and it has closed down or otherwise limited accessefforts of the SPDC to several monasteries and temples that played key roles inimpede the protests.efforts of the people of Burma to transition to democracy and ensure respect for human dignity.

(3 (6) The Burmese regime and its supporters finance their ongoing violations of human rights, undemocratic policies, and military activities through financial transactions, travel, and trade involving the United States, including the sale of gemstones. Despit and hardwoods.

(7) The SPDC seeks to evade the sanctions imposed in the Burmese Freedom and Democracy Act of 2003, the Burmese regime seeks out ways to evade these restrictions. Millions of dollars in gemstones that are exported from Burma ultimately enter the United States, but the Burmese regime attempts to conceal the origin of the gemstones in an effort to evade the sanctions in the Burmese Freedom and Democracy Act of 2003sanctions. For example, over 90 percent of the world's ruby supply originates in Burma but only three3 percent of the rubies entering the United States are claimed to be of Burmese origin. The value of Burmese gemstones is more than 99 percent a function ofpredominantly based on their original quality and geological origin, and not a result ofrather than the labor involved in cutting and polishing the gemstones.

SEC. 3. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003. (8)(a) Prohibition on Importation of Jadeite and Rubies From and Articles of Jewelry Containing Jadeite or Rubies From Burma- The Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) Burma is amended by inserting after section 3 the following new section:home to approximately 60 percent`SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.`(a) Definitions- In this section:`(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--`(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House Representatives; and`(B) the Committee on Finance and of the Committee on Foreign Relationsworld's native teak reserves. More than 1/4 of the Senate.world's internationally traded teak originates`(2) BURMESE COVERED ARTICLE- The term `Burmese covered article' means--`(A) jadeite mined or extracted from Burma;`(B) rubies mined or extracted from Burma; or, and hardwood sales, mainly`(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B).teak, represent more`(3) NON-BURMESE COVERED ARTICLE- The term `non-Burmese covered article' means--`(A) jadeite mined or extracted from a country other than Burma;`(B) rubies mined or extracted from a country other than Burma; or11 percent`(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B).`(4) JADEITE; RUBIES; ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES-`(A) JADEITE- The term `jadeite' means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the `HTS').`(B) RUBIES- The term `rubies' means any rubies classifiable under heading 7103 of the HTS.`(C) ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES- The term `articles of jewelry containing jadeite or rubies' means--`(i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; orBurma's official foreign exchange earnings.

`(ii) any article (9) Burma officially exports tens of jadeite or rubies classifiable under heading 7116millions of the HTS.dollars worth`(5) UNITED STATES- The term `United States', when used in the geographic sense, means the several States, the District of Columbiarubies, sapphires, pearls, jade, any commonwealth, territory, or possession of the United States.`(b) Prohibition on Importation of Burmese Covered Articles-`(1) IN GENERAL- Notwithstanding any and other provision of law, until such time as the President determinesecious stones each year certifies to and the appropriate congressional committees that Burma has met the conditions describedSPDC owns a majority stake in section 3(a)(3), beginning 60 days after the date of the enactment ofall mining operations within the Block Burmese JADE (Junta's Anti-Democratic Efforts) Actborders of Burma.

(10) On October 11, 2007, President shall prohibit the importation into the the United States of any Burmese covered article.Nations Security Council, with`(2) REGULATORY AUTHORITY- The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1).`(3) OTHER ACTIONS- Beginning on the date of the enactmconsent this Act, the President shall take all appropriate actions to seek of the following:People's Republic`(A) The issuance of China, issued a draft waiver decision bystatement condemning the Council for Tradviolence in Goods of the World Trade Organization granting a waiver ofBurma, urging the applicable obligationsrelease of all political prisoners, and calling on the SPDC to enter into a United States under the World Trade OrganizationNations-mediated dialogue with respect to the provisions of this section and any measures taken to implement this section.its political opposition.

`(B (11) adoption of a resolution by the The United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.special envoy Ibrahim Gambari traveled`(c) Requirements for Importation of Non-Burmese Covered Articles-`(1) IN GENERAL- Except as provided in paragraph (2), until such time as the President determines and certifies the appropriate congressional committees that to Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act offrom September 29, 2007, the President shall require as a condition for the importation into the United States of any non-Burmese covered article that--rough October 2, 2007, holding meetings with SPDC leader General Than Shwe`(A) the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures describeddemocracy advocate Aung San Suu Kyi in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent)an effort to prevent the trade in Burmese covered articles; andomote dialogue between`(B) the importerSPDC and democracy advocates.

(12) The leaders of the non-Burmese covered article agrees--SPDC will have`(i) to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction relatedgreater incentive to cooperate with diplomatic efforts by the purchase, manufacture, or shipment ofUnited Nations, the non-Burmese covered article for a periodAssociation of not less than 5 years fromSoutheast Asian Nations, and the datePeople's Republic of entryChina if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue.

SEC. 3. DEFINITIONS.

In this Act:

(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT- The terms `account', `correspondent account', and `payable-through account' have the non-Burmese covered article; andmeanings given`(ii) to provide the information describedterms in clause (i) to the relevantsection 5318A(e)(1) of title 31, United States authorities upon request.Code.

`(2) EXCEPTION-APPROPRIATE CONGRESSIONAL COMMITTEES`(A) IN GENERAL- The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the term `appropriate congressional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese covered articles.' means--

`(B) MEASURES DESCRIBED- The measures referred to in subparagraph are (A) the following:Committee`(i) With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and valueForeign Relations of the jadeite or rubies.Senate;

`(ii) With respect to exportation from (B) the country of finished jadeite or polished rubies, a system of verifiable controlsCommittee on the jadeite or rubies from mine to the place of final finishingFinance of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted.Senate;

`(iii) With respect to exportation from (C) the country of articles of jewelry containing jadeite or rubies, a system of verifiable controlsCommittee on the jadeite or rubies from mine to the place of final finishingForeign Affairs of the articlHouse of jewelry containing jadeite or rubies demonstrating thatRepresentatives; and

(D) the jadeite or rubies were not mined or extracted from Burma,Committee on Ways and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted.Mean`(iv) With respect to re-exportation from the country of jadeite or rubies in rough form, finished jadeite or polished rubies, or articles of jewelry containing jadeite or rubies, a systemthe House of verifiable controls onRepresentatives.

(3) ASEAN- The term `ASEAN' means the jadeite or rubies or articlesAssociation of jewelry containing jadeite or rubies ensuring that no jadeite or rubies minedSoutheast Asian Nations.

(4) PERSON- The term `person' means--

(A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or extracted from Burma have entered the legitimate trade in jadeitegroup; and

(B) any successor, subunit, or rubies.subsidiary`(v) Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articlesany person described in subparagraph (A).

(5) SPDC- The term `SPDC' means the country, and subject to inspectionState Peace and verification by authorized authorities of the government ofDevelopment Council, the countryruling military regime in accordance with applicable law.Burma.

`(vi) Implementation by the government of the country of proportionate and dissuasive penalties against (6) UNITED STATES PERSON- The term `United States person' means persons who violate laws and regulations designed to prevent trade in Burmese covered articles.`(vii) Full cooperation by the country with the any United Nations or other official international organizations that seek to prevent trade in Burmese covered articles.States citizen, permanent resident alien, juridical person organized under`(d) Inapplicability-`(1) IN GENERAL- The requirements of subsection (b)(1) and subsection (c)(1) shall not apply with respect to the importationlaws Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States and reimported into of the United States by the same person, without having been advanced in value(including foreign branches), improved in condition by or any process or other means while outsideerson in the United States, if the person declares that.

SEC. 4. STATEMENT OF POLICY.

It is the reimportationpolicy of the Burmese covered articles or non-Burmese covered articles, asUnited States to--

(1) condemn the case may be, satisfiesontinued repression carried out by the requirements of this paragraph.SPDC;

`(2) ADDITIONAL PROVISION- The requirements of subsection (c)(1) shall not applywork respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into with the United States.international community, especially`(e) Enforcement- Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibitionPeople's Republic of this Act or any other provision law shall be subject to all applicable seizure and forfeiture laws and criminalChina, India, Thailand, and civil laws of the United StatesASEAN, to foster support for the same extent as any other violation of the customs laws of the United States.legitimate democratic aspirations`(f) Sense Congress-`(1) IN GENERAL- It is of the senspeople of Congress that the President should take the necessary steps to seekBurma and to negotiate an international arrangement--similarcoordinate efforts to the Kimberley Process Certification Schemimpose sanctions on those directly responsible for conflict diamonds--to prevent the tradehuman rights abuses in Burmese covered articles. Such ana;

(3) provide all appropriate support and assistance to aid a peaceful transition to constitutional democracy in Burma;

(4) support international arrangement should create an effective global systemefforts to alleviate the suffering of controlBurmese refugees and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent).address`(2) KIMBERLEY PROCESS CERTIFICATION SCHEME DEFINED- In paragraph (1), the term `Kimberley Process Certification Scheme' hasurgent humanitarian needs of the meaning givenBurmese people; and

(5) identify individuals responsible for the termrepression of peaceful political activity in section 3(6)Burma and hold them accountable for their actions.

SEC. 5. SANCTIONS.

(a) List of Officials of the Clean Diamond Trade Act (Public Law 108-19; SPDC-

19 U.S.C. 3902(6)).`(g) Report-`(1) IN GENERAL- Not later than 1830 days after the date of the enactment of the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007is Act, the President shall transsubmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek--list of--

`(A) the issuance of a draft waiver decision by the Council for Trade in Goodofficials of the World Trade Organization, as specified in subsection (b)(3)(A);SPDC who have played`(B) the adoption of a resolution by the United Nations General Assembly, as specifieddirect and substantial role subsection (b)(3)(B); and`(C) in the negotiatrepression of an international arrangement, as specifiedpeaceful political activity in Burma or subsection (f)(1).`(2) UPDATE- Not later than 180 days after the transmission of the report required under paragraph (1), and every 6 months thereafter, the President shall transmit to in the appropriate congressional committees an updatecommission of the report describing the continued effortother human rights abuses, including any current or former officials of the United States to seek the items specified in subparagraphs (A), (B),security services and (C) of paragraph (1).judicial institutions`(h) GAO Report- Not later than 14 months after the date of the enactment of the BlockSPDC; and

(B) any other Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007, the Comptroller General ofpersons who provide substantial economic and political support for the United StatesSPDC.

(2) UPDATES- The President shall regularly submit to the appropriate congressional committees a report on the effectivenesupdated versions of the implementation of this section. The Comptroller General shall include in the report any recommendations or any modifications to this Act that may be necessary.'.list required under paragraph (1).

(b) Visa Ban- Paragraph (1) of section 6(a) of the Burmese Freedom and Democracy Act of 2003 is amended to read as follows:Sanctions-

`(1) VISA BAN-`(A) IN GENERAL- The Secretary of State shall deny A person included on the issuance oflist required under subsection (a) shall be ineligible for a and the Secretary of Homeland Security shall deny admission visa to enter the United States.

(2) FINANCIAL SANCTIONS-

(A) BLOCKED PROPERTY- No property or interest in property belonging to sanctioned a (as such term is defined in section 4(b)(8).`(B) WAIVER- The ban person described in subparagraph (AC) may be waived only if the President determines and certifies in writing to Congress that such is in the national interests of the United States.'.transferred, paid, exported, withdrawn,(c) Freezing Assets of the Burmese Regime in the United States- Section 4 of the Burmese Freedom and Democracy Act of 2003 is amended--(1) by redesignating subsections (b) and (c) as subsection (c) and (d); and(2) by inserting after subsection (a) the following new subsection:`(b) Blocking of Assets and Other Prohibited Activities-`(1) IN GENERAL- The President shall block all property and interests in property, including all commercial, industrial, or public utility undertakings or entities, that, on or after the date of the enactment ofotherwise dealt with if--

(i) the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007--property is located`(A) are owned, in whole or in part, by any sanctioned person; and`(B) are in the United States, or within the possession or control of the Government of thea United States or of any financial institution or financial agency organized underperson, including the lawsoverseas branch of State, territory, or possession of the a United States, including any branch person; or

(ii) the property comes into the possession or officecontrol of such financial institution or financial agency that is located outside thea United States.`(2) PROHIBITED ACTIVITIES- Any who, on or person after the date of the enactment of the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007, engages in any of the following activities shall be subjis Act.

(B) FINANCIAL TRANSACTIONS- Except with respect penalties described in paragraph (6):`(A) Payments or transfers of any property, or any to transactions involving the transfer of anything of economic value by any United States person, including any financial institution or financial agency organauthorized under the laws of a State, territory, or possession of theExecutive Orders 13047 (May 20, 1997) and 13310 (July 28, 2003), no United States and any branch or office of suchperson may engage in a financial institutiontransaction with the SPDC or financial agency thatwith a person described in subparagraph (C).

(C) PERSON DESCRIBED- A person is located outsidedescribed in this subparagraph if the United States, to any sanctioned person.person is--

`(B) Direct or indirect payments (i) an official any tax, cancellation penalty, or any other amount to of the Burmese Government, including amounts paid or incurred with respect to any joint production agreement relating to the Yadana or Shwe gas fields or pipelines. Any such payment made by orSPDC;

(ii) included on behalfthe list required under subsection (a); or

(iii) an immediate family member of United States a person afterincluded on the date olist required under subsection (a), if the enactment ofPresident determines that the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007 shall be deemed a willful violation of this Actperson included on the list--

(I) effectively controls the property, for purposes of penalties described in paragraph (6) and any other related provision of law.subparagraph (A); or

`(C) The export or reexport to any entity owned, controlled, or operated by (II) would benefit from a sanctioned person directly or indirectly,financial transaction, for purposes of any goods, technology, or services by a United States person.subparagraph (B).

`(D) (c) Authority for Additional Banking Sanctions-

(1) IN GENERAL- The performance by any United States personSecretary of any contract, including a contract providing a loan or other financingthe Treasury, in supportconsultation with the Secretary of an industrial, commercial, or public utility operated, controlled, or owned by a sanctioned person.State, the Attorney General`(3) EXTENSION OF AUTHORITY-`(A) BLOCKING OF PROPERTY- The President may block all property and interests in property of the following entitiesUnited States, persons, to and the same extent as property and interests in property of a foreign person determined to have committed actsChairman of terrorism for purposeshe Board of Executive Order No. 13224Governors September 21, 2001, (50 U.S.C. 1701 note) may be blocked:`(i) The Burmese Government, of the Burmese military, or a sanctioned person, including entities owned or effectively controlled by the Burmese Government, the Burmese military, or a sanctioned person.Federal Reserve System,`(ii) Persons otherwise associated with the Burmese Government, the Burmese military, or a sanctioned person.`(B) CONDITIONS ON CERTAIN ACCOUNTS- The President may prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31, United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the PresidentSecretary determines that such anthe account might be used--

`(i (A) by a person or entityforeign banking institution that holds property or an interest in property belonging the Burmese Government, the Burmese military, or to a sanctioned person; orperson on the list required under subsection (a); or

`(ii (B) to conduct a transaction on behalf of or fora person on the benefitlist required under subsection (a).

(2) AUTHORITY TO DEFINE TERMS- The Secretary of the Burmese Government,Treasury may, by regulation, further define the Burmese military, or a sanctioned person.terms used in paragraph (1) for purposes of this section, as the Secretary considers appropriate.

`(4) RULE OF CONSTRUCTION (d) Rule of Construction- Nothing in this subsection shallection may be construed to prohibit any contract or other financial transaction with any nongovernmental humanitarian organization in Burma.

`(5) EXCEPTIONS (e) Exceptions-

(1) IN GENERAL- The prohibitions and restrictions described in paragraphs (1), (2),subsections (b) and (3c) shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma as relief in response to a humanitarian crisis.

`(6) PENALTIES (2) ADDITIONAL EXCEPTIONS- The Secretary of the Treasury may, by regulation, authorize exceptions to the prohibitions and restrictions described in subsection (b) and (c)--

(A) to permit the United States to operate its diplomatic mission; (B) to permit United States citizens to visit Burma; and (C) for such other purposes as the Secretary determines to be necessary.

(f) Penalties- Any person who violates any prohibition or restriction described in paragraph (1), (2),subsection (b) or (3c) shall be subject to the penalties under section 6 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as for a violation under that Act.

`(7) LISTING OF SANCTIONED PERSONS- The Secretary of State and Secretary (g) Termination of the TreasurySanctions- The sanctions imposed under subsection (b) or (c) shall update and publish inapply until the Federal Register new lists of sanctioned persons as additional information becomes available. The Secretary of StatePresident determines and certifies to the Secretaryappropriate congressional committees that the SPDC has--

(1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the Treasury shall devote sufficient resources toNational League for Democracy;

(2) entered into a substantive dialogue with democratic forces led by the identificationNational League for Democracy and the ethnic minorities of information concerning sanctioned personsBurma on transitioning to carry out the purposes described in this Act.democratic government under`(8) DEFINITIONS- In this subsection:`(A) CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT- The terms `correspondent account' and `payable-through account' have the meanings given such terms in section 5318A(e)(1)rule of title 31, United States Code.law; and

`(B) FINANCIAL AGENCY- The term `financial agency' has the meaning given such term (3) allowed humanitarian access to populations affected by armed conflict in section 5312all regions of title 31, United States Code.Burma.

`(C) FINANCIAL INSTITUTION (h) Waiver- The term `financial institution' has the meaning given such termsanctions described in section 5312 of title 31, United States Code.ubsection (b)`(D) UNITED STATES PERSON- The term `United States person' means--`(i) any United States citizen or alien lawfully admitted for permanent residence(c) may be waived if the President determines and certifies to the United States;appropriate congressional committees that such waiver is`(ii) any person in the United States;national interest`(iii) any entity organized under the laws of the United States, any State or territory thereof, or.

SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND OTHER ITEMS.

Section 3(a)(1) of the DistriBurmese Freedom and Democracy Act of Columbia,2003 (50 U.S.C. 1701 note) is amended by striking `a product of Burma.' and inserting `produced, mined, manufactured, grown, or assembled in Burma, including--

`(A) any foreign branchgemstone or subsidiaryrough unfinished geological material mined or extracted from Burma, whether imported as a loose item or as a component of such an entity; ora finished piece`(iv) any entity organized under the laws of the United States,jewelry; and

`(B) any State or territory thereof,teak or the Districtother hardwood timber, regardless of Columbia,the country in which an individualsuch hardwood timber is milled, sawn, or entity describotherwise processed, whether imported in clauses (i), (ii),unprocessed form or (iii) owns, directlyas a part or indirectly, more than 50 perccomponent of the outstanding capital stockfinished furniture or other beneficial interest in such entity.another wood item.'.

`(E) SANCTIONED PERSON SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR BURMA.

(a) United States Special Representative and Policy Coordinator for Burma- The term `sanctioned person' means--President shall appoint`(i) any individual who is a memberSpecial Representative and Policy Coordinator for Burma, by and with the advice and consent of the former or present leadershipSenate.

(b) Rank- The Special Representative and Policy Coordinator for Burma appointed under subsection (a) shall have the rank of ambassador and shall hold the office at the pleasure of the President.

(c) Duties and Responsibilities- The Special Representative and Policy Coordinator for Burma shall--

(1) promote a comprehensive international effort, including multilateral sanctions, direct dialogue with the SPDC orand democracy advocates, and support for nongovernmental organizations operating in Burma and neighboring countries, designed to restore civilian democratic rule to Burma and address the union Solidarity Development Association;rgent humanitarian needs`(ii) any member of the Burmese military involved inpeople;

(2) consult broadly, including with the violent repressionGovernments of the public protestPeople's Republic of China, India, Thailand, and Japan, and the members of ASEAN and the European Union to coordinate policies toward Burma;

(3) assist efforts by the United Nations Special Envoy to secure the release of all political prisoners in in August, September, Burma and October 2007 (regardlesto promote dialogue between the SPDC and leaders of when such repression occurred);Burma's democracy movement, including Aung San Suu Kyi;

`(iii) any (4) consult with Congress on policies relevant to Burma and the future and welfare of all the Burmese official who has engaged in, ordered, or facilitated actspeople, including refugees; and

(5) coordinate the imposition of gross violationsBurma sanctions within the United States Government and with the relevant international financial institutions.

SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS.

It is the sense of internationally recognizedCongress that the United States--

(1) joins the foreign ministers of member nations of ASEAN that have expressed concern over the human rights (as definedsituation in section 502B(d)(1) ofBurma;

(2) encourages ASEAN to take more substantial steps to ensure a peaceful transition to democracy in Burma;

(3) welcomes steps by ASEAN to strengthen its internal governance through the Foreign Assistance Actadoption 1961 (22 U.S.C. 2304(d)(1)), either as an individual or as of a memberformal ASEAN charter;

(4) urges ASEAN to ensure that all members live up to their membership obligations and adhere to the core principles of ASEAN, including respect for, and commitment to, human rights; and

(5) would welcome a group or government; ordecision by ASEAN, consistent with its core documents and its new charter, to review Burma's membership in ASEAN and consider appropriate disciplinary measures, including suspension, until such time as`(iv) any member of the immediate familyGovernment of any individual described in clauses (i), (ii), or (iii).'Burma has demonstrated an improved respect for, and commitment to, human rights.

SEC. 49. SUPPORT FOR CONSTITUTIONAL PROMOTION AND HUMANITARIAN ASSISTANCE DEMOCRACY IN BURMA.

(a) In General- The President is authorized use all available resources to to assist Burmaese democracy activists and humanitarian aid workerswho are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma.

(b) Authorization of Appropriations- There are authorized to be appropriated $205,000,000 to the Secretary of State each of the for fiscal years 2008 and 2009 for the following purposes:to--

(1) To (1) provide aid to and human rights democracy activists in Burma;

(2) provide aid to individuals and organizations inside andgroups conducting democracy programming outside of Burma working to bringtargeted at a peaceful transition to constitutional democracy inside Burma, including to individuals and groups that--; and

(A) promote democracy and human rights; (3) expand(B) represent the ethnic minorities of Burma;(C) broadcast radio and television programsbroadcasting into Burma that promote democracy and report on human rights conditions inside Burma; or.

(D) compile evidenc SEC. 10. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

(a) Sense of human rights violations byCongress- It is the SPDC and its civilian militia,sense of Congress that the Union Solidarity and Development Association (USDA), andinternational community should increase support for nongovernmental organizations attempting to meet the urgent humanitarian needs of the SPDCBurmese people.

(b) Licenses for Humanitarian or Religious Activities in Burma- Section 5 of the Burmese Freedom and its entities' effortsDemocracy Act of 2003 (50 U.S.C. 1701) is amended--

(1) by inserting `(a) Opposition to repress peaceful activities.Assistance(2) To provide aid to humanitarian workers who--Burma' before `The Secretary'; and

(A) provide food, medical, educational, (2) by adding at the end the following:

`(b) Licenses for Humanitarian or Religious Activities in Burma- Notwithstanding any other assistance to refugees and internally displaced persons;provision(B) assist women and girls after incidents of rape and other formslaw, the Secretary of sexual violence; orthe Treasury is authorized to issue multi-year licenses for humanitarian or religious activities(C) assist in Burma. Licenses issued pursuant to this section shall be subject to annual review.'.

(c) Authorization of Appropriations-

(1) IN GENERAL- Subject to paragraph (2), there are authorized to be appropriated $11,000,000 to the rehabilitationSecretary of child soldiers.State for fiscal year 2008 to support operations by nongovernmental organizations designed to address(c) Preventing Funds From Enriching the SPDC- Nonehumanitarian needs of the funding made availableBurmese people inside Burma and in refugee camps in neighboring countries.

(2) LIMITATION-

(A) IN GENERAL- Except as provided under this sectionsubparagraph (B), amounts appropriated pursuant to paragraph (1) may not be provided to--

(i) SPDC-controlled entities,;

(ii) entities working withrun by members of the SPDC or their families; or

(iii) entities providing cash or resources to the SPDC, including organizations affiliated with the United Nations, or entities requiring.

(B) WAIVER- The President may waive the approvalfunding restriction described in subparagraph (A) if--

(i) the President determines and certifies to the appropriate congressional committees that such waiver is in the national security interests of the SPDCUnited States;

(ii) a description of the national security need for the waiver is submitted operate within to the bordersappropriate congressional committees; and

(iii) the description submitted under clause (ii) is posted on a publicly accessible Internet Web site of Burmathe Department of State.

SEC. 511. REPORT ON AND INTELLIGENCE MILITARY AID TO BURMA.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate submit a report containingto the appropriate congressional committees that--

(1) contains a list of countries, companies, and other entities that provide or intelligence military aid to Burma; and

(2) describes SPDC and describing such the or intelligence military aid provided by each such country, company, and other entity.of the countries described in paragraph (1).

(b) or Intelligence Military Aid Defined- For the purpose ofIn this section, the term `or intelligence military aid' means, with respect to the SPDC--includes--

(1) the provision of weapons parts, weapons, military vehicles, orand military aircraft;

(2) the provision of military or intelligence training, including advice and assistance on subject matter expert exchanges;training; and

(3) the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities; (3(4) conducting joint military exercises;.

(5) the provision of naval support, including ship development and naval construction;(6) the provision of technical support, including computer and software development and installations, networks, and infrastructure development and construction; or(7) the construction or expansion of airfields, including radar and anti-aircraft systems.(c) Form- The report required under subsection (a) shall be submitted in unclassified form butand may include a classified annex.

SEC. 6. DENIAL12. SENSE OF FOREIGN TAX CREDIT WITH RESPECTCONGRESS ON INTERNATIONAL ARMS SALES TO BURMA.

(a) In General- Paragraph (2) of section 901(j) of It is the Internal Revenue Codsense of 1986 is amended by adding Congress that the endUnited States should lead efforts in the following new subparagraph:United Nations Security Council`(C) SPECIAL RULE FOR BURMA- In addition to any period during which this subsection would otherwise apply to impose a mandatory international arms embargo on Burma, this subsection shall applycurtailing all sales of weapons, ammunition, military vehicles, and military aircraft to Burma during the period--until`(i) beginning on January 1, 2008, and`(ii) ending on the date the Secretary of State certifiePDC releases all political prisoners, restores constitutional rule, and holds free and fair elections to establish a new government.

Amend the Secretarytitle so as to read: `An Act to impose sanctions on officials of the Treasury that Burma meets the requirements of section 3(a)(3) ofState Peace and Development Council in Burma, to amend the Burmese Freedom and Democracy Act of (as in effect on the date of the enactment of this subparagraph).'.(b) Effective Date- The amendment made by this section shall take effect on January 1, 2008.SEC. 7. WAIVER OF COMPETITIVE NEED LIMITATION UNDER GENERALIZED SYSTEM OF PREFERENCES FOR CERTAIN ARTICLES OF INDIA AND THAILAND.(a) Waiver- Not later than 60 days after the date of the enactment of this Act, the President shall waive the application of subsection (c)(2) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) pursuant to subsection (d) of such section (relating 2003 to waiver of competitive need limitation) with respect to articles of Thailand and India classifiable under subheading 7113.19.50 of the Harmonized Tariff Schedule of the United States.prohibit(b) Sense of Congress- It is the sense of Congress that the President should--(1) review any waiver of the application of subsection (c)(2) of section 503 of the Trade Act of 1974 pursuant to subsection (d)importation of such section with respectgemstones and hardwoods from Burma, to any eligible article of any beneficiary developing country that is revoked pursuanpromote a coordinated international effort to subsection (d)4)(B)(ii) of such section; andrestore civilian democratic rule(2) reinstate such waiver unless the United States International Trade Commission affirmatively determines that--(A) revocation of such waiver will not reduce the current level of exports of such article from the beneficiary developing country to the United States; andBurma,(B) revocation of the waiver will not benefit one or more countries that are not designated as beneficiary developing countries for purposes of title V of the Trade Act of 1974.SEC. 8. OFFSETS.(a) Time for Payment of Corporate Estimated Taxes- The percentage under subparagraph (B) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 in effect on the date of the enactment of this Act is increased by 0.25 percentage points.(b) Customs User Fees- Section 13031(j)(3)(B)(i) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(B)(i)) is amended by striking `December 13, 2014' and inserting `January 24, 2015'.for other purposes.'.

Passed the House of Representatives December 11, 2007. Attest:

Attest: Secretary.

LORRAINE C. MILLER, 110th CONGRESS

Clerk 1st Session

. H. R. 3890

AMENDMENTS