[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1186 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1186
To promote democracy and human rights in Burma, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2019
Mr. Cardin (for himself, Mr. Young, Mr. Durbin, Mr. Rubio, Mr. Merkley,
Ms. Collins, Ms. Cantwell, Mr. Murphy, Mr. Wyden, Mr. Casey, Mr.
Markey, Mr. Kaine, Ms. Baldwin, Mr. Schatz, Mr. Coons, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To promote democracy and human rights in Burma, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burma Human Rights and Freedom Act
of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States policy of principled engagement since
1988 has fostered positive democratic reforms in Burma, but
there remain important structural, societal, and systemic
impediments to the realization of a fully democratic civilian
government.
(2) On August 25, 2017, Burmese military forces initiated a
violent crackdown in Burma's Rakhine state, attacking police
posts and inciting what was, for an extended period of time,
the world's fastest-growing refugee crisis. Refugee flows have
since slowed down significantly, but continue to this day.
(3) More than 727,000 Rohingya have fled to Bangladesh
since August 2017, fearing loss of livelihoods and shelter and
disproportionate use of force by the military of Burma. As of
January 2019, over 900,000 Rohingya reside in refugee camps in
Bangladesh.
(4) In April 2018, the Department of State determined that
ethnic cleansing against the Rohingya minority in Rakhine State
occurred during the previous year, as documented in the annual
Country Report on Human Rights Practices for Burma.
(5) On December 21, 2017, and August 17, 2018, using the
authority granted by the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328), the United States Government imposed sanctions on Maung
Maung Soe and added Lt. General Aung Kyaw Zaw, Major General
Khin Hlaing, Major General Khin Maung Soe, and Brigadier
General Thura San Lwin, as well as the 33rd Light Infantry
Division and the 99th Light Infantry Division, to the Specially
Designated Nationals (SDN) list.
(6) On August 24, 2018, the United Nations Independent
International Fact-Finding Mission on Myanmar issued a report
stating that ``there is sufficient information to warrant the
investigation and prosecution of senior officials in the
Tatmadaw chain of command, so that a competent court can
determine their liability for genocide in relation to the
situation in Rakhine State''.
(7) On September 24, 2018, the Department of State released
a report that laid out a compelling case for crimes against
humanity committed by the Burmese military against Burma's
Rohingya population in Rakhine state, while stopping short of a
legal determination.
(8) On September 28, 2018, the United Nations Human Rights
Council approved the establishment of ``an independent
mechanism to collect and analyze evidence in regard to the
serious international crimes committed in Myanmar against
Rohingya Muslims and other minorities since 2011''.
(9) Amnesty International and Human Rights Watch have
reported and documented a campaign of violence perpetuated by
the security forces of Burma that ``may amount to crimes
against humanity'' and ``ethnic cleansing'' and includes
indiscriminate attacks on civilians; rape of women and girls;
and arbitrary arrest and detention of Rohingya men without
charge.
(10) The Government of Burma continues to block access to
northern Rakhine State by United Nations and other humanitarian
organizations, preventing hundreds of thousands of vulnerable
Rohingya, Rakhine, and other ethnic groups, including children
with acute malnutrition, from receiving humanitarian aid.
(11) The people of Burma continue to suffer from ongoing
armed conflict between the military of Burma, known as the
Tatmadaw, the Arakan Army, and nearly 20 armed ethnic
organizations.
(12) Corruption and lack of transparency allow Burma's
military junta to use the trade of Burma's natural resources,
in particular jade and rubies, to enrich notorious leaders,
including former dictator Than Shwe and United States-
sanctioned drug lord Hsueh Kang Wei. Vested interests in jade
and rubies undermine prospects for resolving the most
intractable armed conflict in Burma.
(13) Any prospects for a full democracy in Burma are
contingent on ending the civil wars and finding a path toward
national reconciliation that builds respect for the dignity of
Burma's ethnic and religious minorities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Crimes against humanity.--The term ``crimes against
humanity'' includes, when committed as part of a widespread or
systematic attack directed against any civilian population,
with knowledge of the attack--
(A) murder;
(B) deportation or forcible transfer of population;
(C) torture;
(D) rape, sexual slavery, or any other form of
sexual violence of comparable severity;
(E) persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender or other grounds that are
universally recognized as impermissible under
international law; and
(F) enforced disappearance of persons.
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes--
(A) to redress legacies of atrocities; and
(B) to promote long-term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the pursuit of a calibrated engagement strategy is
essential to support the establishment of a peaceful,
prosperous, and democratic Burma that includes respect for the
human rights of all its people regardless of ethnicity and
religion; and
(2) the guiding principles of such a strategy include--
(A) support for meaningful legal and constitutional
reforms that remove remaining restrictions on civil and
political rights and institute civilian control of the
military, civilian control of the government, and the
constitutional provision reserving 25 percent of
parliamentary seats for the military, which provides
the military with veto power over constitutional
amendments;
(B) the establishment of a fully democratic,
pluralistic, civilian controlled, and representative
political system that includes regularized free and
fair elections in which all people of Burma, including
the Rohingya, can vote;
(C) the promotion of genuine national
reconciliation and conclusion of a credible and
sustainable nationwide ceasefire agreement, political
accommodation of the needs of ethnic Shan, Kachin,
Chin, Karen, and other ethnic groups, safe and
voluntary return of displaced persons to villages of
origins, and constitutional change allowing inclusive
permanent peace;
(D) independent and international investigations
into credible reports of war crimes, crimes against
humanity, including sexual and gender-based violence
and genocide, perpetrated against ethnic minorities
like the Rohingya by the government, military, and
security forces of Burma, violent extremist groups, and
other combatants involved in the conflict;
(E) accountability for determinations of war
crimes, crimes against humanity, including sexual and
gender-based violence and genocide perpetrated against
ethnic minorities like the Rohingya by the Government,
military, and security forces of Burma, violent
extremist groups, and other combatants involved in the
conflict;
(F) strengthening the government's civilian
institutions, including support for greater
transparency and accountability;
(G) the establishment of professional and
nonpartisan military, security, and police forces that
operate under civilian control;
(H) empowering local communities, civil society,
and independent media;
(I) promoting responsible international and
regional engagement;
(J) strengthening respect for and protection of
human rights and religious freedom;
(K) addressing and ending the humanitarian and
human rights crises, including by supporting the return
of the displaced Rohingya to their homes and granting
or restoring full citizenship for the Rohingya
population; and
(L) promoting broad-based, inclusive economic
development and fostering healthy and resilient
communities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND
RECONCILIATION.
There is authorized to be appropriated not less than $220,500,000
for fiscal year 2020 for humanitarian assistance and reconciliation
activities for ethnic groups and civil society organizations in Burma,
Bangladesh, Thailand, and the region. The assistance may include--
(1) assistance for the victims of the Burmese military's
crimes against humanity targeting Rohingya and other ethnic
minorities in Rakhine State, Kachin, and Shan States, including
those displaced in Burma, Bangladesh, Thailand, and the region;
(2) support for voluntary resettlement or repatriation in
Burma, pending a genuine repatriation agreement that is
developed and negotiated with Rohingya involvement and
consultation;
(3) assistance to promote ethnic and religious tolerance,
to combat gender-based violence, and to support victims of
violence and destruction in Rakhine, Kachin, and Shan States,
including victims of gender-based violence and unaccompanied
minors;
(4) support for formal education for children currently
living in the camps, and opportunities to access higher
education in Bangladesh;
(5) support for programs to investigate and document
allegations of war crimes and crimes against humanity,
including sexual and gender-based violence and genocide
committed in Burma;
(6) assistance to ethnic groups and civil society in Burma
to help sustain ceasefire agreements and further prospects for
reconciliation and sustainable peace; and
(7) promotion of ethnic minority inclusion and
participation in Burma's political processes.
SEC. 6. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury should instruct the United States
executive director of each international financial institution to use
the voice and vote of the United States to support projects in Burma
that--
(1) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(2) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior, and informed consent of affected indigenous
communities;
(3) do not provide incentives for, or facilitate, forced
displacement; and
(4) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
SEC. 7. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND FREEDOM OF
MOVEMENT.
(a) Right of Return.--It is the sense of Congress that the
Government of Burma, in collaboration with the regional and
international community, including the United Nations High Commissioner
for Refugees, should--
(1) ensure the dignified, safe, sustainable, and voluntary
return of all those displaced from their homes, especially from
Rakhine State, without an unduly high burden of proof, and the
opportunity to obtain appropriate compensation to restart their
lives in Burma;
(2) ensure that those returning are granted or restored
full citizenship and all the rights that adhere to citizenship
in Burma;
(3) offer to those who do not want to return meaningful
opportunity to obtain appropriate compensation or restitution;
(4) not place returning Rohingya in internally displaced
persons camps or ``model villages'', but instead make efforts
to reconstruct Rohingya villages as and where they were;
(5) facilitate the return of any funds collected by the
Government by harvesting the land previously owned and tended
by Rohingya farmers for them upon their return;
(6) fully implement all of the recommendations of the
Advisory Commission on Rakhine State; and
(7) ensure there is proper consultation, buy-in, and
confidence building from the Rohingya refugee community on
decisions being made on their behalf.
(b) Freedom of Movement of Refugees and Internally Displaced
Persons.--Congress recognizes that the Government of Bangladesh has
provided long-standing support and hospitality to people fleeing
violence in Burma, and calls on the Government of Bangladesh--
(1) to ensure all refugees, including Rohingya persons
living in camps in Bangladesh and in internally displaced
persons camps in Burma, have freedom of movement, including
outside of the camps, and under no circumstance are subject to
unsafe, involuntary, or uninformed repatriation;
(2) to ensure the dignified, safe, sustainable, and
voluntary return of those displaced from their homes, and offer
to those who do not want to return meaningful means to obtain
compensation or restitution; and
(3) to ensure the rights of refugees are protected,
including through allowing them to build more permanent
shelters, and ensuring equal access to healthcare, basic
services, education, and work.
SEC. 8. MILITARY COOPERATION.
(a) Prohibition.--Except as provided under subsection (b), the
President may not furnish any security assistance or engage in any
military-to-military programs with the armed forces of Burma, including
training or observation or participation in regional exercises, until
the Secretary of State, in consultation with the Secretary of Defense,
certifies to the appropriate congressional committees that the Burmese
military has demonstrated significant progress in abiding by
international human rights standards and is undertaking meaningful and
significant security sector reform, including transparency and
accountability to prevent future abuses, as determined by applying the
following criteria:
(1) The military adheres to international human rights
standards and institutes meaningful internal reforms to stop
future human rights violations.
(2) The military supports efforts to carry out meaningful
and comprehensive independent and international investigations
of credible reports of abuses and is holding accountable those
in the Burmese military responsible for human rights
violations.
(3) The military supports efforts to carry out meaningful
and comprehensive independent and international investigations
of reports of conflict-related sexual and gender-based violence
and is holding accountable those in the Burmese military who
failed to prevent, respond to, investigate, and prosecute
violence against women, sexual violence, or other gender-based
violence.
(4) The Government of Burma, including the military, allows
immediate and unfettered humanitarian access to communities in
areas affected by conflict, including Rohingya and other
minority communities in Rakhine, Kachin, and Shan States,
specifically to the United Nations High Commissioner for
Refugees and other relevant United Nations agencies.
(5) The Government of Burma, including the military,
cooperates with the United Nations High Commissioner for
Refugees and other relevant United Nations agencies to ensure
the protection of displaced persons and the safe and voluntary
return of Rohingya and other minority refugees and internally
displaced persons.
(6) The Government of Burma, including the military, takes
steps toward the implementation of the recommendations of the
Advisory Commission on Rakhine State.
(b) Exceptions.--
(1) Certain existing authorities.--The Department of
Defense may continue to conduct consultations based on the
authorities under section 1253 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
(2) Hospitality.--The United States Agency for
International Development and the Department of State may
provide assistance authorized by part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support
ethnic armed groups and the Burmese military for the purpose of
supporting research, dialogues, meetings, and other activities
related to the Union Peace Conference, Political Dialogues, and
related processes, in furtherance of inclusive, sustainable
reconciliation.
(c) Military Reform.--The certification required under subsection
(a) shall include a written justification in classified and
unclassified form describing the Burmese military's efforts to
implement reforms, end impunity for human rights violations, and
increase transparency and accountability.
(d) Rule of Construction.--Nothing in this Act shall be construed
to authorize Department of Defense assistance to the Government of
Burma except as provided in this section.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State and the Secretary of Defense shall submit to
the appropriate congressional committees a report, in both
classified and unclassified form, on the strategy and plans for
military-to-military engagement between the United States Armed
Forces and the military of Burma.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government
of Burma's strategy for--
(i) security sector reform, including as it
relates to an end to involvement in the illicit
trade in jade, rubies, and other natural
resources;
(ii) reforms to end corruption and illicit
drug trafficking; and
(iii) constitutional reforms to ensure
civilian control of the Government.
(B) A list of ongoing military activities conducted
by the United States Government with the Government of
Burma, and a description of the United States strategy
for future military-to-military engagements between the
United States and Burma's military forces, including
the military of Burma, the Burma Police Force, and
armed ethnic groups.
(C) An assessment of the progress of the military
of Burma towards developing a framework to implement
human rights reforms, including--
(i) cooperation with civilian authorities
to investigate and prosecute cases of human
rights violations;
(ii) steps taken to demonstrate respect for
internationally recognized human rights
standards and implementation of and adherence
to the laws of war; and
(iii) a description of the elements of the
military-to-military engagement between the
United States and Burma that promote such
implementation.
(D) An assessment of progress on the peaceful
settlement of armed conflicts between the Government of
Burma and ethnic minority groups, including actions
taken by the military of Burma to adhere to ceasefire
agreements, allow for safe and voluntary returns of
displaced persons to their villages of origin, and
withdraw forces from conflict zones.
(E) An assessment of the Burmese military
recruitment and use of children as soldiers.
(F) An assessment of the Burmese military's use of
violence against women, sexual violence, or other
gender-based violence as a tool of terror, war, or
crimes against humanity.
(f) Civilian Channels.--Any program initiated under this section
shall use appropriate civilian government channels with the
democratically elected Government of Burma.
(g) Regular Consultations.--Any new program or activity in Burma
initiated under this section shall be subject to prior consultation
with the appropriate congressional committees.
SEC. 9. TRADE RESTRICTIONS.
(a) Reinstatement of Import Restrictions on Jadeite and Rubies From
Burma.--
(1) In general.--Section 3A of the Burmese Freedom and
Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note)
is amended by adding at the end the following:
``(i) Termination.--Notwithstanding section 9, this section shall
remain in effect until the President determines and certifies to the
appropriate congressional committees that the Government of Burma has
taken measures to reform the gemstone industry in Burma, including
measures to require--
``(1) the disclosure of the ultimate beneficial ownership
of entities in that industry; and
``(2) the publication of project revenues, payments, and
contract terms relating to that industry.''.
(2) Conforming amendments.--Section 3A of the Burmese
Freedom and Democracy Act of 2003 is further amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``until
such time'' and all that follows through
``2008'' and inserting ``beginning on the date
that is 15 days after the date of the enactment
of the Burma Human Rights and Freedom Act of
2019''; and
(ii) in paragraph (3), by striking ``the
date of the enactment of this Act'' and
inserting ``the date of the enactment of the
Burma Human Rights and Freedom Act of 2019'';
and
(B) in subsection (c)(1), by striking ``until such
time'' and all that follows through ``2008'' and
inserting ``beginning on the date that is 15 days after
the date of the enactment of the Burma Human Rights and
Freedom Act of 2019''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
(b) Review of Eligibility for Generalized System of Preferences.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the President shall submit to the
committees specified in paragraph (2) a report that includes a
detailed review of the eligibility of Burma for preferential
duty treatment under the Generalized System of Preferences
under title V of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.).
(2) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on Appropriations, the Committee
on Finance, and the Committee on Foreign Relations of
the Senate; and
(B) the Committee on Appropriations, the Committee
on Foreign Affairs, and the Committee on Ways and Means
of the House of Representatives.
SEC. 10. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO MILITARY
OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS VIOLATIONS.
(a) List Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of--
(A) senior officials of the military and security
forces of Burma that the President determines have
knowingly played a direct and significant role in the
commission of gross violations of human rights, war
crimes, or crimes against humanity (including sexual or
gender-based violence), in Burma, including against the
Rohingya minority population; and
(B) entities owned or controlled by officials
described in subparagraph (A).
(2) Inclusions.--The list required by paragraph (1) shall
include--
(A) each senior official of the military and
security forces of Burma--
(i) in charge of a unit that was
operational during the so-called ``clearance
operations'' that began during or after October
2016; and
(ii) who--
(I) knew, or should have known,
that the official's subordinates were
committing gross violations of human
rights, war crimes, or crimes against
humanity (including sexual or gender-
based violence); and
(II) failed to take adequate steps
to prevent such violations or crimes or
punish the subordinates responsible for
such violations or crimes; and
(B) each entity owned or controlled by an official
described in subparagraph (A).
(3) Updates.--Not later than one year after the date of the
enactment of this Act, and not less frequently than every 180
days thereafter, the President shall submit to the appropriate
congressional committees an updated version of the list
required by paragraph (1).
(b) Sanctions.--
(1) Visa ban.--The Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall exclude from the
United States, any individual included in the most recent list
required by subsection (a).
(2) Blocking of property.--
(A) In general.--The Secretary of the Treasury
shall, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block and prohibit
all transactions in all property and interests in
property of a person included in the most recent list
required by subsection (a) if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this paragraph.
(3) Authority for additional financial sanctions.--The
Secretary of the Treasury may, in consultation with the
Secretary of State, prohibit or impose strict conditions on the
opening or maintaining in the United States of a correspondent
account or payable-through account by a foreign financial
institution that the President determines has, on or after the
date of the enactment of this Act, knowingly conducted or
facilitated a significant transaction or transactions on behalf
of a person included in the most recent list required by
subsection (a) or included on the SDN list pursuant to
subsection (c).
(4) Rule of construction.--Nothing in this subsection may
be construed to apply with respect to any transaction with a
nongovernmental humanitarian organization in Burma.
(c) Consideration of Inclusions in SDN List.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall--
(A) determine whether the individuals specified in
paragraph (2) should be included on the SDN list; and
(B) submit to the appropriate congressional
committees a report, in classified form if necessary,
on the procedures for including those individuals on
the SDN list under existing authorities of the
Department of the Treasury.
(2) Individuals specified.--The individuals specified in
this paragraph are--
(A) the head of a unit of the military or security
forces of Burma that was operational during the so-
called ``clearance operations'' that began during or
after October 2016, including--
(i) Senior General Min Aung Hlaing;
(ii) Deputy Commander-in-Chief and Vice
Senior-General Soe Win;
(iii) the Commander of the 33rd Light
Infantry Division, Brigadier-General Aung Aung;
and
(iv) the Commander of the 99th Light
Infantry Division, Brigadier-General Than Oo;
and
(B) any senior official of the military or security
forces of Burma for which the President determines
there are credible reports that the official--
(i) aided, participated in, or is otherwise
implicated in gross violations of human rights,
war crimes, or crimes against humanity
(including sexual or gender-based violence), in
Burma;
(ii)(I) knew, or should have known, that
the official's subordinates were committing
such violations or crimes; and
(II) failed to take adequate steps to
prevent such violations or crimes or punish the
subordinates responsible for such violations or
crimes; or
(iii) took significant steps to impede the
investigation or prosecution of such violations
or crimes.
(d) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to an
individual placed on the list required by subsection (a) under
paragraph (1)(A) of that subsection, or an entity placed on that list
because the entity is owned or controlled by such an individual, if the
President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) the individual has--
(A) publicly acknowledged the role of the
individual in committing past gross violations of human
rights, war crimes, or crimes against humanity
(including sexual or gender-based violence);
(B) cooperated with independent efforts to
investigate such violations or crimes;
(C) been held accountable for such violations or
crimes; and
(D) demonstrated substantial progress in reforming
the individual's behavior with respect to the
protection of human rights in the conduct of civil-
military relations; and
(2) removing the individual or entity from the list is in
the national interest of the United States.
(e) Exceptions.--
(1) Humanitarian assistance.--A requirement to impose
sanctions under this section shall not apply with respect to
the provision of medicine, medical equipment or supplies, food,
or any other form of humanitarian or human rights-related
assistance provided to Burma in response to a humanitarian
crisis.
(2) United nations headquarters agreement.--Subsection
(b)(1) shall not apply to the admission of an individual to the
United States if such admission is necessary to comply with
United States obligations under the Agreement between the
United Nations and the United States of America regarding the
Headquarters of the United Nations, signed at Lake Success June
26, 1947, and entered into force November 21, 1947, or under
the Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
international obligations of the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authority to block and
prohibit all transactions in all property and interests
in property under this section shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(f) Waiver.--The President may waive a requirement of this section
if the Secretary of State, in consultation with the Secretary of the
Treasury, determines and reports to the appropriate congressional
committees that the waiver is important to the national security
interest of the United States.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (2) or (3) of subsection (b) or any regulation,
license, or order issued to carry out either such paragraph
shall be subject to the penalties set forth in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of that
section.
(h) Report to Congress on Diplomatic Engagement.--Not later than
180 days after the date of the enactment of this Act, and annually
thereafter, the President shall submit to the appropriate congressional
committees a report on diplomatic efforts to impose coordinated
sanctions with respect to persons sanctioned under--
(1) section 10; or
(2) section 1263 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) for activities described in
subsection (a) of that section in or with respect to Burma.
(i) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(3) SDN list.--The term ``SDN list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 595.315 of
title 31, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
SEC. 11. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, the Secretary of the
Treasury, and the Administrator of the United States Agency for
International Development shall jointly submit to the appropriate
congressional committees a strategy to support sustainable, inclusive,
and broad-based economic development, in accordance with the priorities
of disadvantaged communities in Burma and in consultation with relevant
civil society and local stakeholders, and to improve economic
conditions and government transparency.
(b) Elements.--The strategy required by subsection (a) shall
include a roadmap--
(1) to assess and recommend measures to diversify control
over and access to participation in key industries and sectors,
including efforts to remove barriers and increase competition,
access, and opportunity in sectors dominated by officials of
the Burmese military, former military officials, and their
families, and businesspeople connected to the military of
Burma, with the goal of eliminating the role of the military in
the economy of Burma;
(2) to increase transparency disclosure requirements in key
sectors of the economy of Burma to promote responsible
investment, including through efforts--
(A) to provide technical support to develop and
implement policy reforms related to public disclosure
of the beneficial owners of entities in key sectors
identified by the Government of Burma, specifically
by--
(i) working with the Government of Burma to
require--
(I) the disclosure of the ultimate
beneficial ownership of entities in the
ruby industry; and
(II) the publication of project
revenues, payments, and contract terms
relating to that industry; and
(ii) ensuring that reforms complement
disclosures due to be put in place in Burma as
a result of its participation in the
Extractives Industry Transparency Initiative;
and
(B) to identify the persons seeking or securing
access to the most valuable resources of Burma; and
(3) to promote universal access to reliable, affordable,
energy efficient, and sustainable power, including leveraging
United States assistance to support reforms in the power sector
and electrification projects that increase energy access, in
partnership with multilateral organizations and the private
sector.
SEC. 12. REPORT ON CRIMES AGAINST HUMANITY AND SERIOUS HUMAN RIGHTS
ABUSES IN BURMA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report detailing the credible
reports of crimes against humanity and serious human rights abuses
committed against the Rohingya and other ethnic minorities in Burma,
including credible reports of war crimes, crimes against humanity, and
genocide, and on potential transnational justice mechanisms in Burma.
(b) Elements.--The reports required under subsection (a) shall
include--
(1) a description of credible reports of war crimes, crimes
against humanity, including sexual and gender-based violence,
and genocide perpetrated against the Rohingya and other ethnic
minorities in Burma, including--
(A) incidents that may constitute such crimes
committed by the Burmese military, and other actors
involved in the violence;
(B) the role of the civilian government in the
commission of such crimes;
(C) incidents that may constitute such crimes
committed by violent extremist groups or antigovernment
forces;
(D) any incidents that may violate the principle of
medical neutrality and, if possible, identification of
the individual or individuals who engaged in or
organized such incidents; and
(E) to the extent possible, a description of the
conventional and unconventional weapons used for such
crimes and the origins of such weapons;
(2) a description and assessment by the Department of
State, the United States Agency for International Development,
the Department of Justice, and other appropriate Federal
departments and agencies of programs that the United States
Government has already or is planning to undertake to ensure
accountability for credible reports of war crimes, crimes
against humanity, including sexual and gender-based violence,
and genocide perpetrated against the Rohingya and other ethnic
minority groups by the Government, security forces, and
military of Burma, violent extremist groups, and other
combatants involved in the conflict, including programs--
(A) to train investigators within and outside of
Burma and Bangladesh on how to document, investigate,
develop findings of, and identify and locate alleged
perpetrators of such crimes in Burma;
(B) to promote and prepare for a transitional
justice process or processes for the perpetrators of
such crimes in Burma; and
(C) to document, collect, preserve, and protect
evidence of reports of such crimes in Burma, including
support for Burmese and Bangladeshi, foreign, and
international nongovernmental organizations, the United
Nations Human Rights Council's investigative team, and
other entities; and
(3) a detailed study of the feasibility and desirability of
potential transitional justice mechanisms for Burma, including
a hybrid or ad hoc tribunal as well as other international
justice and accountability options. The report should be
produced in consultation with Rohingya representatives and
those of other ethnic minorities who have suffered grave human
rights abuses.
(c) Protection of Witnesses and Evidence.--The Secretary shall take
due care to ensure that the identification of witnesses and physical
evidence are not publicly disclosed in a manner that might place such
persons at risk of harm or encourage the destruction of evidence by the
Government of Burma.
SEC. 13. TECHNICAL ASSISTANCE AUTHORIZED.
(a) In General.--The Secretary of State, in consultation with the
Department of Justice and other appropriate Federal departments and
agencies, is authorized to provide appropriate assistance to support
entities that, with respect to credible reports of war crimes, crimes
against humanity, including sexual and gender-based violence, and
genocide perpetrated by the military, security forces, and Government
of Burma, Buddhist militias, and all other armed groups fighting in
Rakhine State--
(1) identify suspected perpetrators of such crimes;
(2) collect, document, and protect evidence of crimes and
preserve the chain of custody for such evidence;
(3) conduct criminal investigations; and
(4) support investigations by third-party states, as
appropriate.
(b) Additional Assistance.--The Secretary of State, after
consultation with appropriate Federal departments and agencies and the
appropriate congressional committees, and taking into account the
findings of the transitional justice study required under section
12(b)(3), is authorized to provide assistance to support the creation
and operation of transitional justice mechanisms for Burma.
SEC. 14. SENSE OF CONGRESS ON PRESS FREEDOM.
In order to promote freedom of the press in Burma, it is the sense
of Congress that--
(1) Reuters journalists Wa Lone and Kyaw Soe Oo should be
immediately released and should have access to lawyers and
their families; and
(2) the Government of Burma should repeal the Official
Secrets Act, a colonial-era law that was used to arrest these
journalists, as well as other laws that are used to arrest
journalists and undermine press freedom around the world.
SEC. 15. MEASURES RELATING TO MILITARY COOPERATION BETWEEN BURMA AND
NORTH KOREA.
(a) Imposition of Sanctions.--
(1) In general.--The President may, with respect to any
person described in paragraph (2)--
(A) impose the sanctions described in paragraph (1)
or (3) of section 10(b); or
(B) include that person on the SDN list (as defined
in section 10(i)).
(2) Persons described.--A person described in this
paragraph is an official of the Government of Burma or an
individual or entity acting on behalf of that Government that
the President determines purchases or otherwise acquires
defense articles from the Government of North Korea or an
individual or entity acting on behalf of that Government.
(b) Restriction on Foreign Assistance.--The President may terminate
or reduce the provision of United States foreign assistance to Burma if
the President determines that the Government of Burma does not
verifiably and irreversibly eliminate all purchases or other
acquisitions of defense articles by persons described in subsection
(a)(2) from the Government of North Korea or individuals or entities
acting on behalf of that Government.
(c) Defense Article Defined.--In this section, the term ``defense
article'' has the meaning given that term in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
SEC. 16. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this Act shall be construed as an authorization for the
use of force.
<all>
Burma Human Rights and Freedom Act of 2019
#1186 | S Congress #116
Policy Area: International Affairs
Subjects: AsiaBangladeshBank accounts, deposits, capitalBurmaChild safety and welfareConflicts and warsCongressional oversightCorporate finance and managementCrime victimsCrimes against womenCriminal investigation, prosecution, interrogationDiplomacy, foreign officials, Americans abroadEconomic developmentElections, voting, political campaign regulationEvidence and witnessesForeign aid and international reliefForeign and international bankingForeign propertyHuman rights
Last Action: Read twice and referred to the Committee on Foreign Relations. (4/11/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text