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text of burma sanctions bill



          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.