Bill Summary
This legislation, titled "Burma Sanctions and Accountability Act of 2021," aims to address ongoing human rights abuses and the military coup in Burma. It outlines the definitions of key terms, provides findings and background information on the situation in Burma, and sets policies and objectives for the United States towards Burma. The legislation requires mandatory and discretionary sanctions to be imposed on individuals and entities involved in human rights abuses and a coup in Burma, and authorizes the provision of humanitarian assistance and support for civil society organizations. It also calls for accountability for war crimes and genocide, and urges the President to take specific actions to address the situation in Burma at the United Nations.
Possible Impacts
1. The definitions outlined in this legislation will provide a clear understanding of key terms like "genocide" and "war crime," helping to ensure that perpetrators of these crimes in Burma are held accountable.
2. The findings and background information in this section highlight the ongoing human rights abuses in Burma, including the recent coup and attacks on civilians, which will have a direct impact on the safety and well-being of the Burmese people.
3. The policy outlined in Section 101, including the support for democracy and accountability for human rights abuses, will directly affect the efforts to promote peace and stability in Burma and improve the lives of its citizens.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2937 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2937
To authorize humanitarian assistance and civil society support, promote
democracy and human rights, and impose targeted sanctions with respect
to human rights abuses in Burma, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2021
Mr. Cardin (for himself, Mr. Durbin, Mrs. Feinstein, Mr. Kaine, Mr.
Merkley, Mr. Markey, Ms. Rosen, Mrs. Murray, Mr. Peters, Ms. Klobuchar,
Mr. Padilla, Mr. Wyden, Mr. Lujan, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To authorize humanitarian assistance and civil society support, promote
democracy and human rights, and impose targeted sanctions with respect
to human rights abuses 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Burma Unified
through Rigorous Military Accountability Act of 2021'' or the ``BURMA
Act of 2021''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
SEC. 2. DEFINITIONS.
In this Act:
(1) Burmese military.--The term ``Burmese military''--
(A) means to the Armed Forces of Burma, including
the army, navy, and air force; and
(B) includes security services under the control of
the Armed Forces of Burma such as the police and border
guards.
(2) Crimes against humanity.--The term ``crimes against
humanity'' includes the following, when committed as part of a
widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
(A) Murder.
(B) Forced transfer of population.
(C) Torture.
(D) Extermination.
(E) Enslavement.
(F) Rape, sexual slavery, or any other form of
sexual violence of comparable severity.
(G) Enforced disappearance of persons.
(H) 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.
(I) Imprisonment or other severe deprivation of
physical liberty in violation of fundamental rules of
international law.
(3) Executive order 14014.--The term ``Executive Order
14014'' means Executive Order 14014 (86 Fed. Reg. 9429;
relating to blocking property with respect to the situation in
Burma).
(4) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(5) 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, or employed by the international community through
international justice mechanisms, to redress past or ongoing
atrocities and to promote long-term, sustainable peace.
(6) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Since 1988, the United States policy of principled
engagement has fostered positive democratic reforms in Burma,
with elections in 2010, 2015, and 2020, helping to bring about
the partial transition to civilian rule and with the latter 2
elections resulting in resounding electoral victories for the
National League for Democracy.
(2) That democratic transition remained incomplete, with
the military retaining significant power and independence from
civilian control following the 2015 elections, including
through control of 25 percent of parliamentary seats, a de
facto veto over constitutional reform, authority over multiple
government ministries, and the ability to operate with impunity
and no civilian oversight.
(3) Despite some improvements with respect for human rights
and fundamental freedoms beginning in 2010, and the
establishment of a quasi-civilian government following credible
elections in 2015, Burma's military and civilian leaders have,
since 2016, overseen an increase in restrictions to freedom of
expression (including for members of the press), freedom of
peaceful assembly, freedom of association, and freedom of
religion or belief. In 2017, Burmese authorities oversaw a
genocide against Rohingya, which caused almost 1,000,000
Rohingya to seek refuge in neighboring Bangladesh.
(4) On February 1, 2021, the Burmese military conducted a
coup d'etat, declaring a year-long state of emergency and
detaining State Counsellor Aung San Suu Kyi, President Win
Myint, and dozens of other government officials and elected
members of parliament, thus derailing Burma's transition to
democracy and disregarding the will of the people of Burma as
expressed in the November 2020 elections, which were determined
to be credible by international and national observers.
(5) Following the coup, some ousted members of parliament
established the Committee Representing the Pyidaungsu Hluttaw,
which subsequently released the Federal Democracy Charter in
March 2021 and established the National Unity Government in
April 2021. In June 2021, the National Unity Government
included ethnic minorities and women among its cabinet and
released a policy paper outlining pledges to Rohingya and
calling for ``justice and reparations'' for the community.
(6) Since the coup on February 1, 2021, the Burmese
military has--
(A) used lethal force on peaceful protestors on
multiple occasions, killing more than 1,100 people,
including more than 50 children;
(B) detained more than 4,000 peaceful protestors,
participants in the Civil Disobedience Movement, labor
leaders, government officials and elected members of
parliament, members of the media, and others, according
to the Assistance Association for Political Prisoners;
(C) issued laws and directives that could be used
to further impede fundamental freedoms, including
freedom of expression (including for members of the
press), freedom of peaceful assembly, and freedom of
association; and
(D) imposed restrictions on the internet and
telecommunications.
(7) More than 230,000 people have been internally displaced
since the coup, while thousands of others have sought refuge in
neighboring countries, and the Burmese military continues to
block humanitarian assistance to populations in need. According
to the World Health Organization, the military has carried out
more than 250 attacks on health care entities since the coup
and killed at least 18 health workers. Dozens more have been
arbitrarily detained and hundreds have warrants out for their
arrest. The military has continued such attacks even as they
inhibit efforts to combat a devastating third wave of COVID-19.
The brutality of the Burmese military was on full display on
March 27, 2021, Armed Forces Day, when, after threatening on
state television to shoot protesters in the head, security
forces killed more than 150 people.
(8) The coup represents a continuation of a long pattern of
violent and anti-democratic behavior by the military that
stretches back decades, with the military having previously
taken over Burma in coups d'etat in 1962 and 1988, and having
ignored the results of the 1990 elections, and a long history
of violently repressing protest movements, including killing
and imprisoning thousands of peaceful protestors during pro-
democracy demonstrations in 1988 and 2007.
(9) The military also has a long history of violent
repression of ethnic and religious minorities. On August 25,
2017, Burmese military and security forces launched a genocidal
military campaign against Rohingya, resulting in a mass exodus
of some 750,000 Rohingya from Burma's Rakhine State into
Bangladesh, where they remain. The Government of Burma has
since taken no steps to improve conditions for Rohingya still
in Rakhine State, who remain at high risk of genocide and other
atrocities, or to create conditions conducive to the return of
Rohingya refugees.
(10) The Burmese military has also engaged in renewed
violence with other ethnic minority groups across the country.
Since 2018, fighting between the Burmese military and the
Arakan Army has displaced more than 220,000 people in Rakhine
and Chin States, including more than 130,000 Rohingya confined
to camps since 2012. The military has continued to commit
atrocities in Kachin and Shan States that a 2019 report by
Amnesty International described as ``relentless and ruthless''.
Fighting in northern Burma has forced more than 100,000 people
from their homes and into camps for internally displaced
persons. The Government of Burma continues to heavily proscribe
humanitarian and media access to conflict-affected populations
across the country.
(11) With more than $500,000,000 in humanitarian assistance
provided to Burma and Bangladesh in 2020 alone, the United
States is the largest humanitarian donor to populations in need
as a result of conflicts in Burma. In May 2021, the United
States announced nearly $155,000,000 in additional humanitarian
assistance to meet the urgent needs of Rohingya refugees and
host communities in Bangladesh and people affected by ongoing
violence in Burma's Rakhine, Kachin, Shan, and Chin states. In
August 2021, the United States provided $50,000,000 in critical
humanitarian assistance to the people of Burma.
(12) Both government- and military-initiated investigations
into human rights abuses in Burma involving violence between
ethnic minorities and Burmese security forces have failed to
yield credible results or hold perpetrators accountable.
(13) In its report dated September 17, 2018, the United
Nations Independent International Fact-Finding Mission on
Myanmar concluded, on reasonable grounds, that the factors
allowing inference of ``genocidal intent'' are present with
respect to the attacks against Rohingya in Rakhine State, and
acts by Burmese security forces against Rohingya in Rakhine
State and other ethnic minorities in Kachin and Shan States
amount to ``crimes against humanity'' and ``war crimes''. The
Independent International Fact-Finding Mission on Myanmar
established by the United Nations Human Rights Council
recommended that the United Nations Security Council ``should
ensure accountability for crimes under international law
committed in Myanmar, preferably by referring the situation to
the International Criminal Court or alternatively by creating
an ad hoc international criminal tribunal''. The Mission also
recommended the imposition of targeted economic sanctions,
including an arms embargo on Burma.
(14) In a subsequent report dated August 5, 2019, the
United Nations Independent International Fact-Finding Mission
on Myanmar found that the Burmese military's economic interests
``enable its conduct'' and that it benefits from and supports
extractive industry businesses operating in conflict-affected
areas in northern Burma, including natural resources,
particularly oil and gas, minerals and gems and argued that
``through controlling its own business empire, the Tatmadaw can
evade the accountability and oversight that normally arise from
civilian oversight of military budgets''. The report called for
the United Nations and individual governments to place targeted
sanctions on all senior officials in the Burmese military as
well as their economic interests, especially Myanma Economic
Holdings Limited and Myanmar Economic Corporation.
(15) On February 11, 2021, President Biden issued Executive
Order 14014 in response to the coup d'etat, authorizing
sanctions against the Burmese military, its economic interests,
and other perpetrators of the coup.
(16) Since the issuance of Executive Order 14014, the
Department of the Treasury has imposed sanctions with respect
to--
(A) multiple high-ranking individuals and their
family members, including the Commander-in-Chief of the
Burmese military, Min Aung Hlaing;
(B) state-owned and military controlled companies,
including Myanmar Ruby Enterprise, Myanmar Imperial
Jade Co., Ltd., and Cancri (Gems and Jewellery) Co.,
Ltd; and
(C) other corporate entities and Burmese military
entities, including the military regime's State
Administrative Council.
(17) Pursuant to Executive Order 14014, the United States
has also implemented new restrictions on exports and reexports
to Burma.
(18) On March 22, 2021, the United States designated
Burma's Chief of Police, Than Hlaing, and the Bureau of Special
Operations commander, Lieutenant General Aung Soe, for the
imposition of sanctions pursuant to Executive Order 14014. The
United States further designated 2 army units, the 33rd and
77th Light Infantry Divisions, for the imposition of sanctions
pursuant to Executive Order 14014, for being responsible for or
complicit in, or having directly or indirectly engaged or
attempted to engage in, actions or policies that prohibit,
limit, or penalize the exercise of freedom of expression or
assembly by people in Burma.
(19) On March 25, 2021, the United States designated 2
entities linked to the coup leaders, Myanma Economic Holdings
Public Company Limited and Myanmar Economic Corporation
Limited. Those entities are the 2 largest military holding
companies in Burma, and all shares in those entities are held
and managed by current or former members of Burmese military
regiments or units, or organizations led by former members of
such regiments or units.
(20) On April 8, 2021, the United States designated Myanma
Gems Enterprise, a Burmese state-owned entity that is
responsible for all gemstone activities in Burma, for the
imposition of sanctions pursuant to Executive Order 14014.
Gemstones are a key economic resource for the Burmese military
regime.
(21) On May 17, 2021, the United States designated 16
individuals and one entity connected to Burma's military
regime, including 13 key members of the Burmese military and 3
adult children of previously designated Burmese military
officials, for the imposition of sanctions pursuant to
Executive Order 14014.
(22) On July 2, 2021, the United States added the following
4 entities to the Entity List set forth in Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations, in response
to the February 1, 2021, military coup in Burma:
(A) King Royal Technologies Co., Ltd., a
telecommunications company that provides satellite
communications services in support of the Burmese
military.
(B) Wanbao Mining and its 2 subsidiaries, Myanmar
Wanbao Mining Copper, Ltd., and Myanmar Yang Tse
Copper, Ltd., copper mining companies that have
revenue-sharing agreements with Myanmar Economic
Holdings Limited.
(23) Myanmar Economic Holdings Limited was added to the
Entity List in March 2021. Myanmar Economic Holdings Limited
provides revenue for Burma's Ministry of Defense, an entity
responsible for the military coup that was also added to the
Entity List in March 2021. Additionally, three of the newly
added entities, Wanbao Mining and its 2 subsidiaries, have long
been reportedly linked to abuses of labor rights and human
rights.
(24) On July 2, 2021, the United States designated 22
individuals connected to Burma's military regime for the
imposition of sanctions pursuant to Executive Order 14014.
Among the individuals so designated were 7 key members of the
Burmese military, which continues to repress the pro-democracy
movement in the country and use lethal force against the people
of Burma, including children and members of ethnic minority
groups. The other 15 individuals are the spouses or adult
children of previously designated senior Burmese military
officials whose financial networks have contributed to military
officials' ill-gotten gains.
TITLE I--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 101. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support genuine democracy, peace, and national
reconciliation in Burma;
(2) to pursue a strategy of calibrated engagement, which is
essential to support the establishment of a peaceful,
prosperous, and democratic Burma that includes respect for the
human rights of all individuals regardless of ethnicity and
religion;
(3) to ensure that the objectives guiding such a strategy
include--
(A) restoring to power a civilian government that
reflects the will of the people of Burma;
(B) supporting constitutional reforms, ensuring
civilian governance and oversight over the military,
including reforms--
(i) to the provisions reserving 25 percent
of parliamentary seats for appointments by the
military, which provides the military with veto
power over constitutional amendments; and
(ii) to provisions granting the military
control over the Ministry of Defense, the
Ministry of Border Affairs, and the Ministry of
Home Affairs;
(C) assisting in the establishment of a fully
democratic, civilian-led, pluralistic, and
representative political system that includes free,
fair, credible, and democratic elections in which all
people of Burma, including all ethnic minorities, can
participate in the political process at all levels
including the right to vote and to run for elected
office;
(D) supporting legal reforms that ensure protection
for the civil and political rights of all individuals
in Burma, including reforms to laws that criminalize
the exercise of human rights and fundamental freedoms,
and strengthening respect for and protection of human
rights, including freedom of religion or belief;
(E) securing the unconditional release of all
prisoners of conscience and political prisoners in
Burma;
(F) strengthening Burma's civilian governmental
institutions, including support for greater
transparency and accountability once the military is no
longer in power;
(G) empowering and resourcing local communities,
civil society organizations, and independent media;
(H) promoting national reconciliation and the
conclusion and credible implementation of a nationwide
cease-fire agreement, followed by a peace process that
is inclusive of ethnic Rohingya, Shan, Rakhine, Kachin,
Chin, and Kayin, and other ethnic groups and leads to
the development of a political system that effectively
addresses natural resource governance, revenue-sharing,
land rights, and constitutional change enabling
inclusive peace;
(I) ensuring the protection and non-refoulement of
refugees fleeing Burma to neighboring countries and
prioritizing efforts to create a conducive environment
and meaningfully address long-standing structural
challenges that undermine the safety and rights of
Rohingya in Rakhine State as well as members of other
ethnic and religious minorities in Burma, including by
creating conditions for the dignified, safe,
sustainable, and voluntary return of refugees in
Bangladesh, Thailand, and in the surrounding region,
and offering compensation or restitution to those who
do not want to return;
(J) supporting an immediate end to restrictions
that hinder the freedom of movement of members of
ethnic minorities throughout the country, including
Rohingya, and an end to any and all policies and
practices designed to forcibly segregate Rohingya, and
providing humanitarian support for all internally
displaced persons in Burma;
(K) ensuring humanitarian actors, media, and human
rights mechanisms, including those established by the
United Nations Human Rights Council and the United
Nations General Assembly, have full and unhindered
humanitarian access to all relevant areas of Burma,
including Rakhine, Chin, Kachin, Shan, and Kayin
States;
(L) ensuring accountability through independent,
credible international investigations for any potential
genocide, war crimes, and crimes against humanity,
including those involving sexual and gender-based
violence and violence against children, perpetrated
against ethnic minorities, including Rohingya, by
members of the military and security forces of Burma,
and other armed groups involved in conflict;
(M) ensuring the military, security, and police
forces operate under civilian control and are held
accountable in civilian courts for human rights abuses,
corruption, and other abuses of power;
(N) promoting broad-based, inclusive economic
development and fostering healthy and resilient
communities;
(O) combating corruption and illegal economic
activity, including that which involves the military
and its close allies; and
(P) promoting responsible international and
regional engagement;
(4) to support and advance the strategy of calibrated
engagement, impose targeted sanctions with respect to the
Burmese military's economic interests and major sources of
income for the Burmese military, including with respect to--
(A) officials in Burma, including the Commander in
Chief of the Armed Forces of Burma, Min Aung Hlaing,
and all individuals described in paragraphs (1), (2),
and (3) of section 202(a), under the authorities
provided by title II, Executive Order 14014, and the
Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note);
(B) enterprises owned or controlled by the Burmese
military, including the Myanmar Economic Corporation,
Union of Myanmar Economic Holding, Ltd., and all other
entities described in section 202(a)(4), under the
authorities provided by title II, the Burmese Freedom
and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C.
1701 note), the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-
286; 50 U.S.C. 1701 note), other relevant statutory
authorities, and Executive Order 14014; and
(C) state-owned economic enterprises if the
Secretary of the Treasury or other competent authority
determines that--
(i) there is a substantial risk of the
Burmese military accessing the accounts of such
an enterprise; and
(ii) the imposition of sanctions would not
cause disproportionate harm to the people of
Burma, the restoration of a civilian government
in Burma, or the national interest of the
United States; and
(5) to ensure that any sanctions imposed with respect to
entities or individuals are carefully targeted to maximize
impact on the military and security forces of Burma and its
economic interests while minimizing impact on the people of
Burma, recognizing the calls from the people of Burma for the
United States to take action against the sources of income for
the military and security forces of Burma.
TITLE II--SANCTIONS AND IMPORT RESTRICTIONS WITH RESPECT TO BURMA
Subtitle A--Imposition of Sanctions
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through account''
have the meanings given those terms in section 5318A of title
31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(6) 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.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Support.--The term ``support'', with respect to the
Burmese military, means to knowingly have materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services to or in support of the
Burmese military.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
AND PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 30 days after the
enactment of this Act, the President shall impose the sanctions
described in subsection (d) with respect to any foreign person that the
President determines--
(1) knowingly operates or operated in the defense sector of
the Burmese economy;
(2) is responsible for or complicit in, or has directly or
indirectly and knowingly engaged or attempted to engage in--
(A) actions or policies that undermine democratic
processes or institutions in Burma;
(B) actions or policies that threaten the peace,
security, or stability of Burma;
(C) actions or policies that prohibit, limit, or
penalize the exercise of freedom of expression or
assembly by people in Burma, or that limit access to
print, online, or broadcast media in Burma; or
(D) the arbitrary detention or torture of any
person in Burma or other serious human rights abuse in
Burma;
(3) to knowingly be or have been a senior leader or
official of--
(A) the Burmese military or security forces of
Burma, or any successor entity to any of such forces;
(B) the State Administration Council, the military-
appointed cabinet at the level of Deputy Minister or
higher, or a military-appointed minister of a Burmese
state or region; or
(C) an entity that has, or whose members have,
engaged in any activity described in paragraph (2);
(4) knowingly operates--
(A) any entity that is a state-owned economic
enterprise under Burmese law (other than the entity
specified in subsection (c)) that benefits the Burmese
military, including the Myanma Gems Enterprise; or
(B) any entity controlled in whole or in part by an
entity described in subparagraph (A), or a successor to
such an entity, that benefits the Burmese military;
(5) knowingly and materially violates, attempts to violate,
conspires to violate, or has caused or attempted to cause a
violation of any license, order, regulation, or prohibition
contained in or issued pursuant to Executive Order 14014 or
this Act;
(6) to be an adult family member of any person described in
any of paragraphs (1) through (5);
(7) knowingly facilitates a significant transaction or
transactions for or on behalf of a person described, or a
person that has engaged in the activity described, as the case
may be, in any of paragraphs (1) through (6);
(8) to be owned or controlled by, or to have acted for or
on behalf of, directly or indirectly, a person described, or a
person that has engaged in the activity described, as the case
may be, in any of paragraphs (1) through (6); or
(9) to have knowingly and materially assisted, sponsored,
or provided financial, material, or technological support for,
or goods or services to or in support of, a person described,
or a person that has engaged in the activity described, as the
case may be, in any of paragraphs (1) through (6).
(b) Additional Measure Relating to Facilitation of Transactions.--
The Secretary of the Treasury shall, 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 foreign person described in subsection (a).
(c) Discretionary Sanctions.--
(1) In general.--Beginning on the date that is 60 days
after the date of the enactment of this Act, the President may
impose the sanctions described in subsection (d) with respect
to the Myanma Oil and Gas Enterprise if the President
determines and certifies to the appropriate congressional
committees, not later than 30 days before imposing such
sanctions, that imposing sanctions with respect to the Myanma
Oil and Gas Enterprise--
(A) would reduce the ability of the Burmese
military to engage in the activities described in
subparagraphs (A) through (D) of subsection (a)(2);
(B) would bring benefits to the people of Burma
that exceed the potential negative impacts of the
sanctions on the humanitarian and economic outlook of
the people of Burma; and
(C) is in the national interest of the United
States.
(2) Licenses.--The Secretary of the Treasury may grant a
license to allow the Myanma Oil and Gas Enterprise and a joint
venture in which the Myanma Oil and Gas Enterprise participates
to continue operating in a manner that does not provide revenue
or other economic benefits to the Burmese military or members
of the Burmese military.
(d) Sanctions Described.--The sanctions that may be imposed with
respect to a foreign person described in subsection (a) or (c) are the
following:
(1) Property blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers Act
(50 U.S.C. 1701), the President may exercise of all powers
granted to the President by that Act to the extent necessary to
block and prohibit all transactions in all property and
interests in property of the foreign person 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.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(3) Aliens inadmissible for visas, admission, or parole.--
(A) In general.--An alien described in subsection
(a) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or travel to the
United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other
documentation issued to an alien described in
subsection (a) shall be revoked, regardless of
when such visa or other documentation is or was
issued.
(ii) Effect of revocation.--A visa or other
entry documentation revoked under clause (i)
shall, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), no longer be valid for travel to the
United States.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (d)(3) shall not apply
with respect to the admission of an alien to the United States
if the admission of the alien is necessary to permit the United
States to comply with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other applicable international
obligations.
(f) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions or restrictions imposed with respect
to a foreign person under this section if the President
certifies to the appropriate congressional committees not later
than 15 days before such waiver is to take effect that the
waiver is vital to the national security interests of the
United States.
(2) Sunset.--The authority to issue a waiver under
paragraph (1) shall terminate on the date that is 2 years after
the date of enactment of this Act.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this subtitle.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle 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.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Treasury, in consultation with the
Secretary of State and the heads of other United States Government
agencies, as appropriate, shall submit to the appropriate congressional
committees a report that--
(1) sets forth the plan of the Department of the Treasury
for ensuring that property blocked pursuant to subsection (a)
or Executive Order 14014 remains blocked;
(2) describes the primary sources of income to which the
Burmese military has access and that the United States has been
unable to reach using sanctions authorities;
(3) makes recommendations for how the sources of income
described in paragraph (2) can be reduced or blocked; and
(4) evaluates the implications of imposing sanctions on the
Burmese-government owned Myanmar Oil and Gas Enterprise,
including a determination with respect to the extent to which
sanctions on Myanmar Oil and Gas Enterprise would advance the
interests of the United States in Burma.
SEC. 203. AUTHORIZATION TO PROHIBIT IMPORTS FROM THE BURMESE GEMSTONE
SECTOR.
(a) In General.--The President may prohibit all imports of precious
and semi-precious gemstones from Burma into the United States.
(b) Termination.--This section shall terminate on the date on which
the President submits to the appropriate congressional committees a
certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1, 2021;
(2) the elected government has been reinstated or new free
and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped;
(4) the 2008 Constitution of Burma has been amended or
replaced to place the Burmese military under civilian oversight
and the Burmese military no longer automatically receives 25
percent of seats in Burma's state, regional, and national
Hluttaws;
(5) that the gemstone sector of Burma is free from the
influence of the Burmese military and that none of the entities
described in section 202(a) hold gemstone permits;
(6) Burma has been re-admitted to the Extractive Industries
Transparency Initiative;
(7) all entities participating in the gemstone sector in
Burma have publicly disclosed their beneficial ownership
consistent with requirements set forth in the guidelines of the
Extractive Industries Transparency Initiative;
(8) the licensing and permitting process is conducted in a
transparent and open manner, with contracts disclosed publicly;
and
(9) the Myanma Gems Enterprise no longer acts as both a
regulator and commercial partner in mining enterprises.
SEC. 204. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN PERSONS FROM
THE LIST OF SPECIALLY DESIGNATED NATIONALS AND BLOCKED
PERSONS.
(a) In General.--On or after the date of the enactment of this Act,
the President may not remove a person described in subsection (b) from
the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the Department of
the Treasury (commonly referred to as the ``SDN list'') until the
President submits to the appropriate congressional committees a
certification described in subsection (c) with respect to the person.
(b) Persons Described.--A person described in this subsection is a
foreign person included in the SDN list for violations of part 525 of
title 31, Code of Federal Regulations, or any other regulations
imposing sanctions on or related to Burma.
(c) Certification Described.--A certification described in this
subsection, with respect to a person described in subsection (b), is a
certification that the person has not knowingly assisted in, sponsored,
or provided financial, material, or technological support for, or
financial or other services to or in support of--
(1) terrorism or a terrorist organization;
(2) a significant foreign narcotics trafficker (as defined
in section 808 of the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1907));
(3) a significant transnational criminal organization under
Executive Order 13581 (50 U.S.C. 1701 note; relating to
blocking property of transnational criminal organizations); or
(4) any other person on the SDN list.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form but may include a classified annex.
SEC. 205. SUNSET.
(a) In General.--The authority to impose sanctions under this title
shall terminate on the date that is 8 years after the date of the
enactment of this Act.
(b) Continuation in Effect of Sanctions.--Sanctions imposed under
this subtitle on or before the date specified in subsection (a), and in
effect as of such date, shall remain in effect until the date on which
the President submits to the appropriate congressional committees a
certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1, 2021;
(2) the elected government has been reinstated or new free
and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 Constitution of Burma has been amended or
replaced to place the Burmese military under civilian oversight
and the Burmese military no longer automatically receives 25
percent of seats in Burma's state, regional, and national
Hluttaws.
Subtitle B--Coordination of Sanctions
SEC. 211. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The Secretary of State may designate an official
of the Department of State to serve as the United States Special
Coordinator for Burmese Democracy (in this section referred to as the
``Special Coordinator'').
(b) Central Objective.--The Special Coordinator should develop a
comprehensive strategy for the implementation of the full range of
United States diplomatic capabilities, including the provisions of this
Act, to promote human rights and the restoration of civilian government
in Burma.
(c) Duties and Responsibilities.--The Special Coordinator should,
as appropriate, assist in--
(1) coordinating the sanctions policies of the United
States under section 202 with relevant bureaus and offices
within the Department of State, other relevant United States
Government agencies, and international financial institutions;
(2) conducting relevant research and vetting of entities
and individuals that may be subject to sanctions under section
202 and coordinate with other United States Government agencies
and international financial intelligence units to assist in
efforts to enforce anti-money laundering and anti-corruption
laws and regulations;
(3) promoting a comprehensive international effort to
impose and enforce multilateral sanctions with respect to
Burma;
(4) coordinating with and supporting interagency United
States Government efforts, including efforts of the United
States Ambassador to Burma and the United States Permanent
Representative to the United Nations, relating to--
(A) identifying opportunities to coordinate with
and exert pressure on the governments of the People's
Republic of China and the Russian Federation to support
multilateral action against the Burmese military;
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and
targeted sanctions on the economic interests of the
Burmese military, including through the introduction
and adoption of a United Nations Security Council
resolution;
(C) engaging in direct dialogue with Burmese civil
society, democracy advocates, ethnic minority
representative groups, and organizations or groups
representing the protest movement and the officials
elected in 2020, such as the Committee Representing the
Pyidaungsu Hluttaw, the National Unity Government, the
National Unity Consultative Council, and their
designated representatives;
(D) encouraging the National Unity Government to
incorporate accountability mechanisms in relation to
the atrocities against Rohingya and other ethnic
groups, to take further steps to make its leadership
and membership ethnically diverse, and to incorporate
measures to enhance ethnic reconciliation and national
unity into its policy agenda;
(E) assisting efforts by the relevant United
Nations Special Envoys and Special Rapporteurs to
secure the release of all political prisoners in Burma,
promote respect for human rights, and encourage
dialogue; and
(F) supporting nongovernmental organizations
operating in Burma and neighboring countries working to
restore civilian democratic rule to Burma and to
address the urgent humanitarian needs of the people of
Burma; and
(5) providing timely input for reporting on the impacts of
the implementation of sections 202 and 203 on the Burmese
military and the people of Burma.
TITLE III--HUMANITARIAN ASSISTANCE AND CIVIL SOCIETY SUPPORT WITH
RESPECT TO BURMA
SEC. 301. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT MEDIA.
(a) Authorization To Provide Support.--The Secretary of State and
the Administrator of the United States Agency for International
Development are authorized to provide support to civil society in
Burma, Bangladesh, Thailand, and the surrounding region, including by--
(1) ensuring the safety of democracy activists, civil
society leaders, independent media, participants in the Civil
Disobedience Movement, and government defectors exercising
their fundamental rights by--
(A) supporting safe houses for those under threat
of arbitrary arrest or detention;
(B) providing access to secure channels for
communication;
(C) assisting individuals forced to flee from Burma
and take shelter in neighboring countries, including in
ensuring protection assistance and non-refoulement; and
(D) providing funding to organizations that equip
activists, civil society organizations, and independent
media with consistent, long-term technical support on
physical and digital security in local languages;
(2) supporting democracy activists in their efforts to
promote freedom, democracy, and human rights in Burma, by--
(A) providing aid and training to democracy
activists in Burma;
(B) providing aid to individuals and groups
conducting democracy programming outside of Burma
targeted at a peaceful transition to constitutional
democracy inside Burma;
(C) providing aid and assistance to independent
media outlets and journalists and groups working to
protect internet freedom and maintain independent
media;
(D) expanding radio and television broadcasting
into Burma; and
(E) providing financial support to civil society
organizations and nongovernmental organizations led by
members of ethnic and religious minority groups within
Burma and its cross-border regions;
(3) assisting ethnic minority groups and civil society in
Burma to further prospects for justice, reconciliation, and
sustainable peace; and
(4) promoting ethnic minority inclusion and participation
in political processes in Burma.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out the provisions of this section
for each of fiscal years 2022 through 2027.
SEC. 302. HUMANITARIAN ASSISTANCE AND RECONCILIATION.
(a) Authorization To Provide Humanitarian Assistance.--The
Secretary of State and the Administrator of the United States Agency
for International Development are authorized to provide humanitarian
assistance and reconciliation activities for ethnic groups and civil
society organizations in Burma, Bangladesh, Thailand, and the
surrounding region, including--
(1) assistance for victims of violence by the Burmese
military, including Rohingya and individuals from other ethnic
minorities displaced or otherwise affected by conflict, in
Burma, Bangladesh, Thailand, and the surrounding region;
(2) support for voluntary resettlement or repatriation of
displaced individuals in Burma, upon the conclusion of genuine
agreements developed and negotiated with the involvement and
consultation of the displaced individuals and if resettlement
or repatriation is safe, voluntary, and dignified;
(3) support for the promotion of ethnic and religious
tolerance, improving social cohesion, combating gender-based
violence, increasing the engagement of women in peacebuilding,
and mitigating human rights violations and abuses against
children;
(4) support for--
(A) primary, secondary, and tertiary education for
displaced children living in areas of Burma affected by
conflict; and
(B) refugee camps in the surrounding region and
opportunities to access to higher education in
Bangladesh and Thailand;
(5) capacity-building support--
(A) to ensure that displaced individuals are
consulted and participate in decision-making processes
affecting the displaced individuals; and
(B) for the creation of mechanisms to facilitate
the participation of displaced individuals in such
processes; and
(6) increased humanitarian aid to Burma to address the dire
humanitarian situation that has uprooted 170,000 people
through--
(A) international aid partners such as agencies of
the United Nations;
(B) the International Committee of the Red Cross;
and
(C) cross-border aid.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $220,500,000 to carry out the provisions of this section
for fiscal year 2022.
SEC. 303. AUTHORIZATION OF ASSISTANCE FOR BURMA POLITICAL PRISONERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the freedom of expression is an inalienable right;
(2) the Government of Burma must immediately drop
defamation charges against all individuals unjustly detained,
including the 3 Kachin activists, Lum Zawng, Nang Pu, and Zau
Jet, who led a peaceful rally in Mytkyina, the capital of
Kachin State in April 2018, and that the prosecution of Lum
Zawng, Nang Pu, and Zau Jet is an attempt by Burmese
authorities to intimidate, harass, and silence community
leaders and human rights defenders who speak out about military
abuses and their impact on civilian populations;
(3) freedom of expression, including for members of the
press, is a human right and should be upheld and protected in
Burma and everywhere, and Burmese authorities must immediately
cease the arbitrary arrest, detention, imprisonment, and
physical attacks of journalists, which have created a climate
of fear and self-censorship among local journalists; and
(4) the Burmese military should immediately and
unconditionally release Danny Fester and other journalists
unjustly detained for their work.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) all prisoners of conscience and political prisoners in
Burma should be unconditionally and immediately released;
(2) all diplomatic tools of the United States should be
invoked to ensure that all prisoners of conscience and
political prisoners in Burma are released; and
(3) the Government of Burma should repeal or amend all laws
that violate the right to freedom of expression, peaceful
assembly, or association, and ensure that laws such as the
Telecommunications Law of 2013 and the Unlawful Associations
Act of 1908, and laws relating to the right to peaceful
assembly all comply with Burma's human rights obligations.
(c) Political Prisoners Assistance.--The Secretary of State is
authorized to continue to provide assistance to civil society
organizations in Burma that work to secure the release of and support
prisoners of conscience and political prisoners in Burma, including--
(1) support for the documentation of human rights
violations with respect to prisoners of conscience and
political prisoners;
(2) support for advocacy in Burma to raise awareness of
issues relating to prisoners of conscience and political
prisoners;
(3) support for efforts to repeal or amend laws that are
used to imprison individuals as prisoners of conscience or
political prisoners;
(4) support for health, including mental health, and post-
incarceration assistance in gaining access to education and
employment opportunities or other forms of reparation to enable
former prisoners of conscience and political prisoners to
resume normal lives; and
(5) the creation, in consultation with former political
prisoners and prisoners of conscience, their families, and
their representatives, of an independent prisoner review
mechanism in Burma--
(A) to review the cases of individuals who may have
been charged or deprived of their liberty for
peacefully exercising their human rights;
(B) to review all laws used to arrest, prosecute,
and punish individuals as political prisoners and
prisoners of conscience; and
(C) to provide recommendations to the Government of
Burma for the repeal or amendment of all such laws.
(d) Termination.--The authority to provide assistance under this
section shall terminate on the date that is 8 years after the date of
the enactment of this Act.
TITLE IV--ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES
SEC. 401. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, after consultation with
the heads of other United States Government agencies represented on the
Atrocity Early Warning Task Force and representatives of human rights
organizations, as appropriate, shall submit to the appropriate
congressional committees an evaluation of the persecution of, including
attacks against, Rohingya in Burma by the Burmese military, including--
(1) an assessment of whether the situation constitutes
genocide (as defined in section 1091 of title 18, United States
Code); and
(2) a detailed description of any proposed atrocities
prevention response recommended by the Atrocity Early Warning
Task Force.
(b) Form.--
(1) In general.--The evaluation required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex as necessary.
(2) Publication of unclassified portion.--The unclassified
portion of the evaluation required by subsection (a) shall be
posted on a publicly available internet website of the
Department of State.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 402. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN BURMA.
(a) Statement of Policy.--It is the policy of the United States--
(1) to continue the support of ongoing mechanisms and
special procedures of the United Nations Human Rights Council,
including the United Nations Independent Investigative
Mechanism for Myanmar and the Special Rapporteur on the
situation of human rights in Myanmar; and
(2) to refute the credibility and impartiality of efforts
sponsored by the Government of Burma, such as the Independent
Commission of Enquiry, unless the United States Ambassador at
Large for Global Criminal Justice determines the efforts to be
credible and impartial and notifies the appropriate
congressional committees in writing and in unclassified form
regarding that determination.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, after consultation with
the heads of other United States Government agencies, as appropriate,
shall submit to the appropriate congressional committees a report
that--
(1) after consulting with the Atrocity Early Warning Task
Force, or any successor entity or office, provides a detailed
description of any proposed atrocity prevention response
recommended by the Task Force;
(2) summarizes any atrocity crimes committed against
Rohingya or members of other ethnic minority groups in Burma
between 2012 and the date of the submission of the report;
(3) describes any potential transitional justice mechanisms
for Burma;
(4) provides an analysis of whether the reports summarized
under paragraph (2) amount to war crimes, crimes against
humanity, or genocide; and
(5) includes a determination with respect to whether--
(A) the persecution of, including attacks against,
Rohingya in Burma by the Burmese military constitutes
genocide; and
(B) events that took place during or after the coup
of February 1, 2021, in any state in Burma constitute
war crimes or crimes against humanity.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A description of--
(A) credible evidence of events that may constitute
war crimes, crimes against humanity, or genocide
committed by the Burmese military against Rohingya and
members of other ethnic minority groups, including the
identities of any other actors involved in the events;
(B) the role of the civilian government in the
commission of any events described in subparagraph (A);
(C) credible evidence of events of war crimes,
crimes against humanity, or genocide committed by other
armed groups in Burma;
(D) attacks on health workers, health facilities,
health transport, or patients and, to the extent
possible, the identities of any individuals who engaged
in or organized such attacks in Burma; and
(E) to the extent possible, the conventional and
unconventional weapons used for any events or attacks
described in this paragraph and the sources of such
weapons.
(2) In consultation with the Administrator of the United
States Agency for International Development, the Attorney
General, and heads of any other appropriate United States
Government agencies, as appropriate, a description and
assessment of the effectiveness of any efforts undertaken by
the United States to promote accountability for any atrocity
crimes perpetrated against Rohingya by the Burmese military,
the government of the Rakhine State, pro-government militias,
or other armed groups operating in the Rakhine State, including
efforts--
(A) to train civilian investigators, within and
outside of Burma and Bangladesh, to document,
investigate, develop findings of, identify, and locate
alleged perpetrators of war crimes, crimes against
humanity, or genocide in Burma;
(B) to promote and prepare for a transitional
justice mechanism for the perpetrators of war crimes,
crimes against humanity, and genocide occurring in the
Rakhine State in 2017; and
(C) to document, collect, preserve, and protect
evidence of war crimes, crimes against humanity, and
genocide in Burma, including by--
(i) providing support for ethnic Rohingya,
Shan, Rakhine, Kachin, Chin, and Kayin and
other ethnic minorities;
(ii) Burmese, Bangladeshi, foreign, and
international nongovernmental organizations;
(iii) the Independent Investigative
Mechanism for Myanmar; and
(iv) other entities engaged in
investigative activities with respect to war
crimes, crimes against humanity, and genocide
in Burma.
(3) A detailed study of the feasibility and desirability of
a transitional justice mechanism for Burma, such as an
international tribunal, a hybrid tribunal, or other options,
that includes--
(A) a discussion of the use of universal
jurisdiction or of legal cases brought against Burma by
other countries at the International Court of Justice
regarding any atrocity crimes perpetrated in Burma;
(B) recommendations for any transitional justice
mechanism the United States should support, the reason
the mechanism should be supported, and the type of
support that should be offered; and
(C) consultation regarding transitional justice
mechanisms with representatives of Rohingya and
individuals from other ethnic minority groups who have
suffered human rights violations and abuses.
(d) Protection of Witnesses and Evidence.--The Secretary of State
shall seek to ensure that the identification of witnesses and physical
evidence used for the report required by this section are not publicly
disclosed in a manner that might place witnesses at risk of harm or
encourage the destruction of evidence by the military or government of
Burma.
(e) Form of Report; Public Availability.--
(1) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (b) shall be posted on a publicly
available internet website.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
SEC. 403. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS
AGAINST HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to provide
assistance to support appropriate civilian or international entities
that--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide;
(2) collect, document, and protect evidence of crimes and
preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations conducted by other countries,
and by entities mandated by the United Nations, such as the
Independent Investigative Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings in the
report submitted under section 402, is authorized to provide support
for the establishment and operation of transitional justice mechanisms,
including a hybrid tribunal, to prosecute individuals suspected of
committing war crimes, crimes against humanity, or genocide in Burma.
TITLE V--UNITED NATIONS ACTION
SEC. 501. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO
BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in Burma,
pressure the Burmese military to cease its violence against
civilians, or secure the release of those unjustly detained;
and
(2) countries, such as the People's Republic of China and
the Russian Federation, that are directly or indirectly
shielding the Burmese military from international scrutiny and
action, should be obliged to endure the reputational damage of
doing so by taking public votes on resolutions related to Burma
that apply greater pressure on the Burmese military to restore
Burma to its democratic path.
(b) Support for Greater Action.--The President shall direct the
United States Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to spur greater action
by the United Nations and the United Nations Security Council with
respect to Burma by--
(1) pushing the United Nations Security Council to consider
a resolution condemning the February 1, 2021, coup and calling
on the Burmese military to cease its violence against the
people of Burma and release without preconditions the
journalists, pro-democracy activists, and political officials
that it has unjustly detained;
(2) pushing the United Nations Security Council to consider
a resolution that immediately imposes a global arms embargo
against Burma to ensure that the Burmese military is not able
to obtain weapons and munitions from other nations to further
harm, murder, and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma
while providing humanitarian assistance directly to the people
of Burma through civil society organizations, particularly such
organizations working with ethnic minorities that have been
adversely affected by the coup and the Burmese military's
violent crackdown;
(4) objecting to the appointment of representatives to the
United Nations and United Nations bodies such as the Human
Rights Council that are sanctioned by the Burmese military;
(5) working to ensure the Burmese military is not
recognized as the legitimate government of Burma in any United
Nations body; and
(6) spurring the United Nations Security Council to
consider multilateral sanctions against the Burmese military
for its atrocities against Rohingya and individuals of other
ethnic and religious minorities, its coup, and the crimes
against humanity it has and continues to commit in the coup's
aftermath.
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