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Accessory to the crime?
Cant the US federal govt be responsive to enforce its laws? I would
think this is in their jurisdiction and responsibility, having once been
alerted to the problem. Their failure to act on it would make them
complice? Accessory to the crime? And subvert declared and legislated
government policy? ds
Coban Tun wrote:
>
> Subject: We MAY be able to get Burma's internet provider Out
> Date: Fri, 2 Jul 1999 08:57:58 -0400
>
> This is not all the text, it just wouldn't fit. But if they have
> American employees at their McLean, Virginia office that could possibly put
> them in violation of the law. There is a section here stating that no
> American Citizen can be part of Burma related business even if it indirectly
> related. Also their IP provider is located near Washington, D.C. We may
> be able stick it to them too. AND the Burmese operater of www.myanmar.com
> is --apparently-- an American citizen. He can also be a target. IS ANYONE
> INTERESTED ??
>
> > PART 537 -- BURMESE SANCTIONS REGULATIONS
> >
> > Subpart A -- Relation of this Part to Other Laws and Regulations
> > Sec. 537.101 Relation of this part to other laws and regulations.
> >
> > Subpart B -- Prohibitions
> > 537.201 Prohibited new investment by U.S. persons.
> > 537.202 Prohibited approval or other facilitation by a U.S. person
> > of a foreign person's investment.
> > 537.203 Evasions; attempts; conspiracies.
> > 537.204 Exempt transactions.
> >
> > Subpart C -- General Definitions
> > 537.301 Economic development of resources located in Burma.
> > 537.302 Effective date.
> > 537.303 Entity.
> > 537.304 Foreign person.
> > 537.305 General license.
> > 537.306 Government of Burma.
> > 537.307 License.
> > 537.308 New investment.
> > 537.309 Nongovernmental entity in Burma.
> > 537.310 Person.
> > 537.311 Resources located in Burma.
> > 537.312 Specific license.
> > 537.313 United States.
> > 537.314 United States person; U.S. person.
> >
> > Subpart D -- Interpretations
> > 537.401 Reference to amended sections.
> > 537.402 Effect of amendment.
> > 537.403 Economic development of resources located in Burma.
> > 537.404 Purchase of shares in economic development projects
> > in Burma.
> > 537.405 Investment in entities involved in economic development
> > projects in Burma.
> > 537.406 General supervision and guarantee.
> > 537.407 Activities under pre-May 21, 1997 agreements.
> > 537.408 Sale or purchase of goods, services or technology.
> > 537.409 Approval or other facilitation of a foreign person's
> > investment.
> >
> > Subpart E - Licenses, Authorizations and Statements of Licensing
> > Policy
> > 537.501 General and specific licensing procedures.
> > 537.502 Effect of license or authorization.
> > 537.503 Exclusion from licenses and authorizations.
> > 537.504 Divestiture of U.S. person's equity investment in Burma.
> >
> > Subpart F - Reports
> > 537.601 Recordkeeping and reporting requirements.
> >
> > Subpart G - Penalties
> > 537.701 Penalties.
> > 537.702 Prepenalty notice.
> > 537.703 Response to prepenalty notice; informal settlement.
> > 537.704 Penalty imposition or withdrawal.
> > 537.705 Administrative collection action; referral to United
> > States Department of Justice.
> >
> > Subpart H - Procedures
> > 537.801 Procedures.
> > 537.802 Delegation by the Secretary of the Treasury.
> >
> > Subpart I - Paperwork Reduction Act
> > 537.901 Paperwork Reduction Act notice.
> > Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
> > 1701-1706; sec. 570. Pub. L. 104-208, 110 Stat. 3009-166;
> > E.O. 13047, 61 FR 28301, 3 CFR. 1997 Comp., p. 202.
> >
> > Subpart A - Relation of This Part to Other Laws and Regulations
> >
> > (537.101 Relation of this part to other laws and regulations.
> > (a) This part is separate from, and independent of, the other
> > parts of this chapter. Differing foreign policy and national
> > security contexts may result in differing interpretations of
> > similar language among the parts of this chapter. No license or
> > authorization contained in or issued pursuant to those other
> > parts authorizes any transaction prohibited by this part.
> > (b) No license or authorization contained in or issued pursuant
> > to this part relieves the involved parties from complying with any
> > other applicable laws or regulations.
> >
> > Subpart B - Prohibitions
> > (537.201 Prohibited new investment by U.S. persons.
> > Except to the extent provided in regulations, orders, directives,
> > or licenses that may be issued in conformity with section 570 of
> > the Foreign Operations, Export Financing, and Related Programs
> > Appropriations Act, 1997 (Public Law 104-208)(the "Act"), new
> > investment in Burma by United States persons is prohibited.
> >
> > Note to (537.201: Section 570 of the Act provides that the
> > prohibition contained in this section may be waived, temporarily
> > or permanently, by the President if he determines and certifies
> > to Congress that the application of this sanction would be
> > contrary to the national interests of the United States. Licenses
> > are thus not available for purposes of authorizing transactions
> > prohibited under this section in the absence of such a waiver
> > determination and certification to Congress.
> >
> > (537.202 Prohibited approval or other facilitation by a U.S.
> > person of a foreign person's investment. Except to the extent
> > provided in regulations, orders, directives, or licenses that may
> > be issued pursuant to this part, any approval or other facilitation
> > by a United States person, wherever located, of a transaction by
> > a foreign person where the transaction would constitute prohibited
> > new investment in Burma under this part if engaged in by a United
> > States person or within the United States is prohibited.
> >
> > (537.203 Evasions; attempts; conspiracies.
> > Except to the extent provided in regulations, orders, directives,
> > or licenses that may be issued pursuant to this part, any trans-
> > action by a United States person or within the United States that
> > evades or avoids, or has the purpose of evading or avoiding, or
> > attempts to violate, any of the prohibitions set forth in this
> > part is prohibited.
> >
> > (537.204 Exempt transactions.
> > Nothing in this part shall be construed to prohibited the entry
> > into, performance of, or financing of a contract to sell or
> > purchase goods, services, or technology, except:
> >
> > (a) Where the entry into such a contract on or after the effective
> > date is for the general supervision and guarantee of another
> > person's performance of a contract for the economic development of
> > resources located in Burma; or
> > (b) Where such contract provides for payment, in whole or in part,
> > in :
> > (1) Shares of ownership, including an equity interest, in the
> > economic development of resources located in Burma; or
> > (2) Participation in royalties, earnings, or profits in the
> > economic development of resources located in Burma.
> >
> > Note to (537.204: The term "economic development of resources
> > located in Burma" is defined in (537.301 to exclude not-for-profit
> > educational, health or other humanitarian programs or activities.
> >
> > Subpart C - General Definitions
> >
> > (537.302 Effective date.
> > The term "effective date" refers to the effective date of the
> > applicable prohibitions and directives contained in this part
> > which
> > is 12:01 a.m. EDT, May 21, 1997.
> >
> > (537.303 Entity.
> > The term "entity" means a partnership, association, trust,
> > joint venture, corporation, or other organization.
> >
> > (537.304 Foreign person.
> > The term "foreign person" means any citizen or national of a
> > foreign state or any entity not organized under the laws of the
> > United States.
> >
> > (537.305 General license.
> > The term "general license" means any license or authorization
> > the terms of which are set forth in this part.
> >
> > (537.306 Government of Burma.
> > The term "Government of Burma" includes:
> > (a) The state and the Government of Burma, as well as any
> > political subdivision, agency, or instrumentality thereof;
> > (b) Any entity owned or controlled directly or indirectly
> > by the foregoing.
> >
> > (537.307 License.
> > Except as otherwise specified, the term license means any
> > license or authorization contained in this part, or issued
> > pursuant to the authority of this part under procedures set
> > forth in this part or in subpart C of part 501 of this chapter.
> >
> > (537.308 New investment.
> > The term "new investment" means any of the following activities,
> > if such an activity is undertaken pursuant to an agreement, or
> > pursuant to the exercise of rights under such an agreement, that
> > is entered into with the Government of Burma or a nongovernmental
> > entity in Burma on or after the effective date:
> > (a) The entry into a contract that includes the economic
> > development of resources located in Burma;
> > (b) The entry into a contract providing for the general
> > supervision and guarantee of another person's performance of a
> > contract that includes the economic development of resources
> > located in Burma;
> > (c) The purchase of a share of ownership, including an
> > equity interest, in the economic development of resources
> > located in Burma; or
> > (d) The entry into a contract providing for the partici-
> > pation in royalties, earnings, or profits in the economic
> > development of resources located in Burma, without regard to
> > the form of the participation.
> >
> > (537.309 Nongovernmental entity in Burma.
> > The term "nongovernmental entity in Burma" means a partner-
> > ship, association, trust, joint venture, corporation, or other
> > organization, wheresoever organized, that is located in Burma
> > or exists for the exclusive or predominant purpose of engaging
> > in the economic development of resources located in Burma or
> > derives its income predominantly from such economic development,
> > and is not the Government of Burma.
> >
> > (537.310 Person.
> > The term "person" means an individual or entity.
> >
> > (537.311 Resources located in Burma.
> > The term "resources located in Burma" means any resources,
> > including natural, agricultural, commercial, financial,
> > industrial and human resources, located within the territory
> > of Burma, including the territorial sea, or located within the
> > exclusive economic zone or continental shelf.
> >
> > (537.312 Specific license.
> > The term "specific license" means any license or authori-
> > zation not set forth in this part but issued pursuant to the
> > authority of this part.
> >
> > (537.313 United States.
> > The term "United States" means the United States, its
> > territories and possessions, and all areas under the juris-
> > diction or authority thereof.
> >
> > (537.314 United States person; U.S. person.
> > The term "United States person or U.S. person" means any
> > United States citizen, permanent resident alien, juridical
> > person organized under the laws of the United States
> > (including foreign branches), or any person in the United
> > States.
> >
> > Subpart D - Interpretations
> >
> > (537.401 Reference to amended sections.
> > Except as otherwise specified, reference to any section of
> > this part or to any regulation, ruling, order, instruction,
> > direction, or license issued pursuant to this part shall be
> > deemed to refer to the same as currently amended.
> >
> > (537.402 Effect of amendment.
> > Any amendment, modification, or revocation of any section of
> > this part or of any order, regulation, ruling, instruction,
> > or license issued by or under the direction of the Director
> > of the Office of Foreign Assets Control shall not, unless
> > otherwise specifically provided, be deemed to affect any act
> > done or omitted to be done, or any civil or criminal suit or
> > proceeding commenced or pending prior to such amendment,
> > modification, or revocation. All penalties, forfeitures, and
> > liabilities under any such order, regulation, ruling,
> > instruction, or license shall continue and may be enforced as
> > if such amendment, modification, or revocation had not been
> > made.
> >
> > (537.403 Economic development of resources located in Burma.
> > The term "economic development of resources located in Burma"
> > refers to activities pursuant to a contract the subject of
> > which includes responsibility for the development or
> > exploitation of resources located in Burma, including making
> > or attempting to make those resources accessible or available
> > for exploitation or economic use. Examples include contracts
> > conferring rights to explore for, develop, extract, or refine
> > petroleum, natural gas, or minerals in the ground in Burma;
> > contracts to take over a mining operation in Burma; acquire
> > a forest or agricultural area and exploit the timber or other
> > crops; or acquire land and construct and run a hotel or
> > factory on it. The term "economic development of resources
> > located in Burma" is defined in (537.301 specifically to
> > exclude contracts for not-for-profit educational, health or
> > other humanitarian programs or activities. See also
> > (537.204 for the exception that applies to the entry into,
> > performance of, or financing of a contract to sell or purchase
> > goods, services or technology.
> >
> > (537.404 Purchase of shares in economic development projects
> > in Burma.
> > The purchase of shares, including an equity interest, in the
> > economic development of resources located in Burma, is pro-
> > hibited when those shares are purchased after the effective
> > date directly or indirectly from the Government of Burma or a
> > nongovernmental entity in Burma, unless purchased pursuant to
> > an agreement entered into prior to May 21, 1997. U.S. persons
> > may purchase debt instruments issued by the Government of Burma
> > or a nongovernmental entity in Burma, directly or indirectly,
> > provided that such instruments are not convertible into equity,
> > and do not provide for participation, including as collateral
> > or security, in royalties, earnings, or profits in the economic
> > development of resources located in Burma.
> >
> > (537.405 Investments in entities involved in economic develop-
> > ment projects in Burma.
> > (a) The purchase of shares in a third-country company that is
> > engaged in the economic development of resources located in
> > Burma is prohibited by (537.201 where the company's profits are
> > predominantly derived from the company's economic development of
> > resources located in Burma.
> > (b) If a U.S. person holds shares in an entity which
> > subsequently engages exclusively or predominantly in the economic
> > development of resources located in Burma or subsequently derives
> > its income exclusively or predominantly from such economic
> > development, the United States person is not required to
> > relinquish its shares, but may not purchase additional shares.
> > Divestment of the shares in such an entity to a foreign person
> > constituting the facilitation of that foreign person's invest-
> > ment in Burma - is authorized under general license pursuant to
> > (537.504.
> >
> > (537.406 General supervision and guarantee.
> > Section 537.201 prohibits the entry by a U.S. person into a
> > contract providing for the general supervision and guarantee
> > of another person's performance of a contract that includes
> > the economic development of resources located in Burma, if the
> > U.S. person's contract is entered into on or after the effective
> > date, unless undertaken pursuant to, or in exercise of rights
> > under, a pre-effective date agreement. For the purposes of
> > (537.201, only the entry into contracts for supervision and
> > guarantee at the top level of project management, such as entry
> > into a contract with a development project's sponsor or owner
> > to become a prime contractor or general manager for a development
> > project, will be considered new investment in Burma. By
> > contrast, subcontracts to provide goods, services, or tech-
> > nology to a prime contractor or general manager of a development
> > project are exempt from the prohibitions of this part pursuant
> > to (537.204 unless:
> > (a) The functional scope of the subcontractor's obligations
> > is substantially similar to that of a prime contractor's or
> > general manager's obligations; or
> > (b) The consideration for such subcontracts includes a share
> > of ownership in, or participation in the royalties, earnings
> > or profits of, the economic development of resources located
> > in Burma.
> >
> > (537.407 Activities under pre-May 21, 1997 agreements.
> > (a) Activities undertaken by a U.S. person pursuant to an
> > agreement entered into prior to May 21, 1997, between the U.S.
> > person and the Government of Burma or a nongovernmental entity
> > in Burma are not prohibited new investments, as defined in
> > (537.308. (b) A U.S. person who is a party to a pre-effective
> > date agreement for the development of economic resources
> > located in Burma may enter into subsequent agreements with
> > foreign persons where such agreements are pursuant to, or in
> > exercise of rights under, the pre-effective date agreement.
> > The facilitation of foreign persons' investment in Burma under
> > these circumstances I authorized pursuant to the general license
> > contained in (537.504. (c) A U.S. person may not enter into a
> > contract for the economic development of resources located in
> > Burma after May 21, 1997, if pursuant to, or in exercise of
> > rights under, a pre-effective date agreement, unless the
> > contractual arrangement is specifically contemplated in the
> > pre-effective date agreement.
> > (d) The exercise of rights under pre-effective date agree-
> > ments may include the exercise of options to extend the
> > contract, depending on such factors as the degree of specifi-
> > city with which the option to extend is described in the
> > pre-effective date agreement, and the degree to which the
> > party wishing to renew can enforce its decision to exercise
> > the option.
> >
> > (537.408 Sale or purchase of goods, services or technology.
> > (a) Section 537.204 exempts from any prohibition under this
> > part the entry into, performance of, or financing of a
> > contract to sell or purchase goods, services, or technology,
> > except:
> > (1) Where the entry into a contract on or after the
> > effective date is for the general supervision and guarantee
> > of another person's performance of a contract for the economic
> > development of resources located in Burma; or
> > (2) Where such contract provides for payment, in whole or
> > in part, in:
> > (i) Shares of ownership, including an equity interest,
> > in the economic development of resources located in Burma; or
> > (ii) Participation in royalties, earnings, or profits
> > in the economic development of resources located in Burma.
> > (b) Examples: The following examples are based upon the
> > assumption that neither (537.204(a) nor (537.204(b) applies.
> > (1) A U.S. person may market goods or services in Burma
> > through a sales representative or sales agent, or through a
> > U.S. person or subsidiary established and operating in Burma
> > before May 21, 1997, or through any established foreign
> > (including Burmese) distributorship. The U.S. person may not,
> > however, establish and operate a new business, branch, office
> > or showroom in Burma to market such goods or services or
> > facilitate the establishment of a new foreign entity to do so.
> > This would constitute the development of a commercial resource.
> > (2) A U.S. person may rent, lease or purchase space in
> > existing buildings in connection with the continued operation
> > of a business in operation prior to the effective date. It
> > may change locations, modify and renovate existing space and
> > upgrade machinery or equipment. Unless pursuant to a pre-
> > effective date agreement or the exercise of specific rights
> > under such agreement, however, the U.S. person may not expand
> > its business operations by opening additional stores, branches,
> > offices or showrooms beyond the number that were in existence
> > immediately prior to May 21, 1997. The U.S. person may not
> > construct a new commercial building to house its business as
> > this would constitute the economic development of land and
> > commercial resources in Burma.
> > (3) A U.S. person involved in exempt activities may hire and
> > train Burmese employees to carry out such activities. The
> > employment of personnel in Burma under these circumstances is
> > considered the purchase of employment services which is exempt
> > from prohibition under (537.204. Any training incidental to the
> > performance of the employee's services is likewise exempt. For
> > example, a U.S. person engaged in the sale of copy machines may
> > hire and train a Burmese employee to carry out activities
> > pursuant to such sales, including office support personnel,
> > personnel to provide after-sales service and maintenance in
> > accordance with the terms of a purchase or lease agreement, sales
> > representatives and supervisory personnel. A U.S. person may not,
> > however, open a business after the effective date, the purpose
> > of which is the sale of vocational skills training in the
> > maintenance of copy machines, as this would constitute the
> > economic development of human resources in Burma.
> > (4) Contracts for the purchase or sale of services incident to
> > the registration and renewal of patents, trademarks and copyrights
> > are not prohibited by this part.
> > (5) A U.S. bank is allowed to provide trade financing as a
> > service either to the Government of Burma or to nongovernmental
> > entities in Burma, but cannot provide them loans earmarked for
> > economic development of resources in Burma if loan repayment is
> > secured by the project. A U.S. bank can provide development
> > project financing as a service, so long as the financing
> > instruments are not convertible into equity, and do not provide
> > for participation, including as collateral or security, in
> > royalties, earnings, or profits in the economic development of
> > resources located in Burma.
> >
> > (537.409 Approval or other facilitation of a foreign person's
> > investment.
> > (a) The prohibition contained in (537.202 against approval or
> > other facilitation of a foreign person's investment in Burma bars
> > any action by a U.S. person that assists or supports a foreign
> > person's activity that would constitute prohibited new investment
> > under (537.201 if engaged in by a U.S. person. This facilitation
> > prohibition is subject to the exemption for trade in goods,
> > services and technology set forth in (537.204.
> > (b) Examples: (1) A U.S. corporation is prohibited from
> > brokering, financing, guaranteeing, or approving the entry by
> > any foreign person, including a foreign affiliate, into a contract
> > for the development of, e.g., a natural gas field, a tourist
> > hotel complex, or a rubber plantation in Burma, unless pursuant
> > to the affiliate's exercise of rights under an agreement entered
> > into prior to the effective date. An independent U.S. contractor,
> > however, may perform brokerage, financing, or guarantee services
> > if under a service contract meeting the conditions of (537.204.
> > (2) The sale to a foreign person of a U.S. person's equity or
> > income interest in a development project in Burma constitutes
> > facilitation of that foreign person's investment in Burma,
> > unless pursuant to a pre-effective date agreement. Such a sale,
> > however, is authorized by general license under (537.504.
> > (3) A U.S. national or permanent resident alien employed in
> > Burma or in a third country by a foreign person may participate
> > in any decision-making role in an activity by the foreign person
> > that includes economic development of resources located in Burma
> > as exempt employment services pursuant to (537.204, unless such
> > services are undertaken pursuant to a post-effective date agree-
> > ment between the foreign person and the Government of Burma or
> > a nongovernmental entity in Burma and:
> > (i) involve the general supervision and guarantee of the
> > foreign person's performance of a contract for the economic
> > development of resources located in Burma, or
> > (ii) where the individual U.S. person's compensation is
> > provided for, in whole or in part, from shares of ownership in
> > the development project or participation in royalties, earnings,
> > or profits in the development project.
> >
> > Subpart E - Licenses, Authorizations, and Statements of
> > Licensing Policy
> >
> > (537.501 General and specific licensing procedures.
> > For provisions relating to licensing procedures, see subpart C
> > of part 501 of this chapter.
> >
> > (537.502 Effect of license or authorization.
> > (a) No license or other authorizati...