McConnell Amendment No.2753 on Burm

[FreeBurma@xxxxxxx]

Subject: McConnell Amendment No.2753 on Burma

Attn: Burma Newsreaders
Re: McConnell Amendment on Burma
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MCCONNELL AMENDMENT NO. 2753 (Senate - September 21, 1995)



                               [Page: S14092]



Mr. McCONNELL proposed an amendment to the bill H.R. 1868, supra; as

follows:



AMENDMENT NO. 2753



At the appropriate place in the bill insert the following:



SEC. 2. SANCTIONS AGAINST BURMA .

Except as provided in section 4, the following sanctions shall apply to

Burma , effective 90 days after the date of enactment of this Act (or on

such other date as is specified in this section):



(1) Investments: No United States national may make any investment in Burma





(2) United states assistance: United States assistance for Burma is

prohibited.



(3) Trade privileges: The President shall continue the suspension of

special trade privileges pursuant to the Generalized System of Preferences

(GSP), and shall continue the suspension of nondiscriminatory trade

treatment (most-favored-nation status), with respect to Burma .



(4) Importation of goods: No article which is produced, manufactured,

grown, or extracted in Burma may be imported into the United States.



(5) Trade and investment treaties: The United States should continue to

suspend carrying out obligations under bilateral trade and investment

treaties with Burma .



(6) Travel restrictions: The Secretary of State shall prohibit the use of

United States passports for travel to Burma except for travel by United

States diplomatic personnel.



(7) Diplomatic representation: The President is urged not to accept

diplomatic representation from Burma at a level greater than the level of

diplomatic representation accorded the United States in Burma .



(8) Foreign assistance: The United States shall suspend assistance under

the Foreign Assistance Act of 1961 and the Arms Export Control Act to any

foreign government which sells or otherwise transfers arms to the

Government of Burma .



(9) International organizations contributions: The United States shall

withhold from each international organization that funds activities in

Burma other than humanitarian activities an amount equal to the United

States proportionate share of that funding.



(10) Multilateral assistance: The Secretary of the Treasury shall instruct

the United States executive director of each financial institution to vote

against any loan or other utilization of the funds of the respective bank

to or for Burma .



(11) Eminent persons group: The President, acting through the United States

Permanent Representative to the United Nations, should urge the United

Nations to establish an eminent persons group to report on compliance by

the Government of Burma with United Nations resolutions.



(12) International arms embargo: The President, acting through the United

States Permanent Representative to the United Nations, should urge the

establishment by the United Nations of an international arms embargo of

Burma .



                               [Page: S14093]



SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA .

(a) Negotiations With Trading Partners:



(1) In general: Not later than 15 days after the date of the enactment of

this Act, the President shall initiate negotiations with all foreign

countries with which the United States trades for the purpose of entering

into agreements with the countries--



(A) to support United States sanctions against Burma , and



(B) to cease trade with and investment in Burma .



(2) Certification of negotiations and agreements: Not later than 90 days

after the date of the enactment of this Act, the President shall certify to

the Congress each country that--



(A) has failed to enter into an agreement described in paragraph (1), or



(B) has entered into such an agreement but is not enforcing it.



(3) Action by the president: Notwithstanding any other provision of law, if

a certification is made with respect to any country under paragraph (2) the

President shall withdraw--





(A) any designation of such country--



(i) as a beneficiary developing country for purposes of title V of the

Trade Act of 1974 (19 U.S.C. 2461 et seq.),



(ii) as a beneficiary country for purposes of the Caribbean Basin Economic

Recovery Act (19 U.S.C. 2701 et seq.), or



(iii) as a beneficiary country for purposes of the Andean Trade Preference

Act (19 U.S.C. 3201 et seq.),



(B) from such countries the benefits of any other special tariff treatment

program under which the special rates of duty apply under column 1 of the

Harmonized Tariff Schedule of the United States, and



(C) most-favored-nation trade treatment with respect to any such country.

(b) Applicability:



(1) In general: The provisions of this section apply to goods entered, or

withdrawn from warehouse for consumption, originating in or imported from a

country with respect to which an action described in subsection (a)(3) has

been taken, during the period beginning on the date that is 15 days after

the date of the certification described in subsection (a)(2) and ending on

the date that is 15 days after the earlier of--



(A) the date the President certifies to the Congress that such country has

entered into an agreement described in subsection (a)(1) and is enforcing

the agreement, or



(B) the date a certification described in section 4 is made.



(2) Rate of duty during period designation is withdrawn: During the period

described in paragraph (1), goods entered, or withdrawn from warehouse for

consumption, originating in or imported from a country described in

subsection (a)(3) shall be subject to duty at the rates of duty specified

for such goods under column 2 of the Harmonized Tariff Schedule of the

United States.



SEC. 4. CERTIFICATION.

The sanctions of section 2 shall not apply upon the determination and

certification by the President to the appropriate congressional committees

that the following conditions are met:



(1) The Government of Burma has unconditionally released all political

prisoners, including Aung San Suu Kyi.



(2) The Government of Burma has fully implemented the results of the 1990

elections in Burma , including the transfer of power to civilian authority,

the protection of basic human rights, and guaranteeing the right of Burmese

citizens to participate freely in the political process, assuring freedom

of speech and the right of association and assembly.



(3) The Government of Burma has implemented an effective counternarcotics

effort.



SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.

The Secretary of the Treasury shall instruct the United States executive

director of each multilateral financial institution to vote against any

loan or other utilization of the facilities of the respective institution

to or for the People's Republic of China until the President determines and

certifies to the appropriate congressional committees that the People's

Republic of China has terminated arms sales and other arms transfers to

Burma .



SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.

The President shall withhold all United States assistance to the Government

of Thailand until the President determines and certifies to the appropriate

congressional committees that the Government of Thailand is fully

cooperating in providing support and relief for Burmese exiles and

refugees.



SEC. 7. REPORT.

Not later than 45 days after the date of enactment of this Act, the

President shall submit a report to the appropriate congressional committees

on--



(1) the chemical and biological weapons capability of Burma ;



(2) a plan to provide United States assistance in support of the democracy

movement active inside Burma ;



(3) the treatment by the Government of Thailand of Burmese students,

refugees, and exiles resident in Thailand; and



(4) the status of arms sales and other arms transfers to the Government of

Burma , including the amount of expenditures by the Government of Burma in

the acquisition of arms.





SEC. 8. DEFINITIONS.

As used in this Act:



(1) Appropriate congressional committees: The term `appropriate

congressional committees' means the Committee on Appropriations and the

Committee on Foreign Relations of the Senate and the Committee on

Appropriations and the Committee on International Relations of the House of

Representatives.



(2) Investment: The term `investment' includes any contribution or

commitment of funds, commodities, services, patents, processes, or

techniques, in the form of--



(A) a loan or loans;



(B) the purchase of a share of ownership;



(C) participation in royalties, earnings, or profits; and



(D) the furnishing of commodities or services pursuant to a lease or other

contract.



(3) Humanitarian activities: The term `humanitarian activities' means the

provision of food, medicine, medical supplies, or clothing and does not

include cash transfers.



(4) Financial institutions: The term `financial institutions' includes the

International Bank for Reconstruction and Development, the International

Development Association, the Asian Development Bank, and the International

Monetary Fund.



(5) United states assistance: The term `United States assistance' means

assistance of any kind which is provided by grant, sale, loan, lease,

credit, guaranty, or insurance, or by any other means, by any agency or

instrumentality of the United States Government to any foreign country,

including--



(A) assistance under the Foreign Assistance Act of 1961 (including programs

under title IV of chapter 2 of part I of the Act);



(B) sales, credits, and guaranties under the Arms Export Control Act (22

U.S.C. 2751 et seq.);



(C) sales under title I (7 U.S.C.A. 1701 et seq.) or III (17 U.S.C.A. 1727

et seq.) and donations under title II (17 U.S.C.A. 1721 et seq.) of the

Agricultural Trade Development and Assistance Act of 1954 of nonfood

commodities;



(D) other financing programs of the Commodity Credit Corporation for export

sales of nonfood commodities; and



(E) financing under the Export-Import Bank Act of 1945 (12 U.S.C.A. 635 et

seq.).



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