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text of burma sanctions bill
- Subject: text of burma sanctions bill
- From: maung@xxxxxxxxxxx
- Date: Sun, 31 Dec 1995 21:21:00
S 1511 IS
104th CONGRESS
1st Session
To impose sanctions on Burma.
IN THE SENATE OF THE UNITED STATES
December 29, 1995
Mr. MCCONNELL (for himself, Mr. MOYNIHAN, Mr. D'AMATO, and Mr.
LEAHY) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To impose sanctions on Burma.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Burma Freedom and Democracy Act of
1995'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1962, Burma has been ruled by a military
dictatorship.
(2) As part of a crackdown against the Burmese pro-democracy
movement, the State Law and Order Restoration Council (SLORC)
was established by the military dictatorship in 1988.
(3) On May 27, 1990 the people of Burma voted overwhelmingly
in a free election for Daw Aung San Suu Kyi and the National
League for Democracy (NLD).
(4) Despite numerous pledges, the SLORC has failed to honor
the results of the 1990 elections.
(5) The United States has not sent an ambassador to Rangoon
in protest of the failure of the SLORC to honor the 1990
elections and the continued human rights abuses suffered by the
Burmese people.
(6) In response to the massacre of thousands of Burmese
participating in peaceful democratic demonstrations, Congress
adopted a provision as part of the Customs and Trade Act of
1990 requiring the President to impose appropriate economic
sanctions on Burma.
(7) Currently the United States has suspended economic aid to
Burma, placed an embargo on arms sales, denied GSP trade
preferences, and decertified Burma as a narcotics cooperating
country.
(8) On April 30, 1994, the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), placed
Burma on the list of international `outlaw' states that
includes Libya, North Korea, and Iraq and which is set forth in
section 307 of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), thus mandating that voluntary United States funding
for any United Nations agency will be automatically reduced if
the agency conducts programs in Burma.
(9) On July 15, 1994 the Senate adopted Senate Resolution 234
calling on the Administration to encourage members of the
Association of Southeast Asian Nations (ASEAN) to work with the
United States to achieve the transfer of power to the winners
of Burma's 1990 democratic election.
(10) On July 10, 1995 after six years of unlawful detention,
the SLORC released Nobel Peace Prize winner Daw Aung San Suu
Kyi, the leader of the NLD.
(11) Since the release of Daw Aung San Suu Kyi, SLORC has
rejected her efforts to establish a timetable for dialogue and
national reconciliation and has denied the NLD a meaningful
role in a credible political process.
SEC. 3. DECLARATION OF POLICY.
Congress declares that it is the policy of the United States--
(1) to support actively the prompt transition from a military
dictatorship to a democratic government in Burma;
(2) to encourage the State Law and Order Restoration
Committee to immediately and unconditionally release all
political prisoners and allow them to participate in the
political process;
(3) to recognize the individuals who won the 1990 democratic
election as the legitimate representatives of the Burmese
people; and
(4) to expand contact with the democratically elected leaders
of Burma through the United States mission in Rangoon in order
to facilitate the democratic process in Burma.
SEC. 4. SANCTIONS.
(a) PROHIBITION- Until such time as the President determines and
certifies to the appropriate congressional committees that an
elected government of Burma has been allowed to take power--
(1) the sanctions described in subsection (b) shall be
imposed on Burma; and
(2) the appropriate Government officials may apply the
sanctions described in subsection (c) against Burma.
(b) MANDATORY SANCTIONS-
(1) INVESTMENT SANCTION- United States nationals shall not
make any investment in Burma.
(2) UNITED STATES ASSISTANCE- United States assistance for
Burma is prohibited.
(3) 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.
(4) ADMISSION TO UNITED STATES- Except as required by treaty
obligations, any Burmese national who formulates, implements,
or benefits from policies which hinder the transition of Burma
to a democratic country, and any member of the immediate family
of such national, shall be ineligible to receive a visa and
shall be excluded from admission into the United States.
(c) DISCRETIONARY SANCTIONS-
(1) IMPORT SANCTIONS- The President is authorized to prohibit
the importation into the United States of articles which are
produced, manufactured, grown, or extracted in Burma.
(2) BAN ON TRAVEL TO BURMA- The Secretary of State may
prohibit the use of United States passports for travel to
Burma, except for travel by United States officials.
(3) 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.
(4) CONTRIBUTIONS TO INTERNATIONAL FINANCIAL INSTITUTIONS-
The President is authorized to 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.
SEC. 5. REPORT ON BURMESE LABOR PRACTICES.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Labor, in consultation with the Secretary of
State, shall submit a report to the appropriate congressional
committees on--
(1) Burmese compliance with international labor standards
including the use of forced labor, child labor, slave labor,
and involuntary prison labor by the junta;
(2) the degree to which foreign investment in Burma
contributes to violations of fundamental worker rights;
(3) labor practices in support of Burma's foreign tourist
industry; and
(4) efforts by the United States to end violations of
fundamental labor rights in Burma.
SEC. 6. 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) INTERNATIONAL FINANCIAL INSTITUTIONS- The term
`international financial institutions' includes the
International Bank for Reconstruction and Development, the
International Development Association, the Asian Development
Bank, and the International Monetary Fund.
(3) 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.
(4) 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.