HR 3890 110th Congress

Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008

Latest Action

Became Public Law No: 110-286.

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Sponsors

Summary

(This measure has not been amended since it was passed by the House on July 15, 2008. The summary of that version is repeated here.) Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 - (Sec. 4) States that it is U.S. policy to: (1) condemn the repression carried out by the State Peace and Development Council (SPDC) of Burma; (2) support a peaceful transition to constitutional democracy in Burma; (3) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and (4) hold accountable individuals responsible for the repression of peaceful political activity in Burma. (Sec. 5) Subjects the following persons to a U.S. entry visa prohibition and financial sanctions (blocked property, financial transaction prohibitions, prohibited activities, and banking sanctions), including: (1) former and present leaders of the SPDC, the Burmese military, or the Union Solidarity Development Association (USDA); (2) officials of the SPDC, the Burmese military, or the USDA involved in political repression in Burma or other gross violations of human rights abuses; (3) other Burmese SPDC, Burmese military, and USDA supporters; and (4) immediate family members of any such persons. Directs the President to submit to Congress a list of such sanctioned persons. Exempts medical and humanitarian assistance and certain financial transactions from such restrictions. Authorizes additional waivers for diplomatic, official U.S. Government, and travel purposes. Subjects persons who violate such prohibitions to certain civil and criminal penalties. Terminates such sanctions upon a presidential certification to Congress that the SPDC has: (1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy (NLD); (2) entered into a dialogue with democratic forces led by the NLD and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. Authorizes the President to waive such sanctions if it is in the national interests of the United States. (Sec. 6) Amends the Burmese Freedom and Democracy Act of 2003 (BFDA) to prohibit the importation into the United States of jadeite and rubies, including jewelry containing such articles (covered articles) from Burma until the President certifies to Congress that Burma has met certain conditions concerning human rights and democratic reforms and has implemented certain counternarcotics measures. Directs the President to require certain conditions for the importation into the United States of such articles from other countries (non-Burmese covered articles) in order to prevent trade in Burmese covered articles. Subjects Burmese covered articles and non-Burmese covered articles that are imported into the United States to seizure and forfeiture and to U.S. criminal and civil laws. Expresses the sense of Congress that the President should take the necessary steps to negotiate an international arrangement (similar to the Kimberley Process Certification Scheme for conflict diamonds) to prevent the trade in Burmese covered articles. Requires the President to report to Congress on what U.S. actions have been taken to seek: (1) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting the United States a waiver under the WTO with respect to the provisions of this Act; (2) the adoption of a United Nations (U.N.) resolution calling for the creation and implementation of a certification scheme for non-Burmese covered articles to prevent trade in Burmese covered articles; and (3) the negotiation of an international arrangement to prevent the trade in Burmese covered articles. Requires the Comptroller General to report to Congress on the effectiveness of this Act. Extends import sanctions upon enactment of a renewal resolution by Congress. (Sec. 7) Directs the President to appoint a Special Representative and Policy Coordinator for Burma. (Sec. 8) Authorizes the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma. Authorizes appropriations for FY2008. (Sec. 9) Declares the sense of Congress that the international community should increase support for nongovernmental organizations (NGOs) attempting to meet the urgent humanitarian needs of the Burmese people. Amends the BFDA to authorize the Secretary of the Treasury to issue multi-year licenses for humanitarian or religious activities in Burma. Authorizes appropriations, with a limitation, for FY2008. (Sec. 10) Directs the Secretary of State to report to Congress on countries, companies, and other entities that provide military or intelligence aid to the SPDC. (Sec. 11) Expresses the sense of Congress that the United States should lead UN Security Council efforts to impose an international arms embargo on Burma. (Sec. 12) Directs the Secretary of State to report annually to Congress on Burma's timber trade, including recommendations on alternative imports to Burmese hardwoods. (Sec. 13) Directs the Secretary of the Treasury to report annually to Congress on all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials. (Sec. 14) Expresses the sense of Congress that the United States should work with the Royal Thai Government to ensure the safety of the 15 plaintiffs in the Doe v. Unocal case. Urges the United States to grant plaintiffs refugee status or humanitarian parole to enter the United States. (Sec. 15) Urges: (1) U.S., French, and Thai investors to voluntarily divest in the Burmese Yadana gas pipeline project if the Burmese Government fails to take steps to release political prisoners, restore civilian constitutional rule, and promote national reconciliation; and (2) Yadana investors that remain invested in Burma to communicate certain criticisms to the Burmese government, disclose transparently their role in Burmese investment, and work with project partners to ensure forced labor is not used on the project.
Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 - (Sec. 4) States that it is U.S. policy to: (1) condemn the repression carried out by the State Peace and Development Council (SPDC) of Burma; (2) support a peaceful transition to constitutional democracy in Burma; (3) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and (4) hold accountable individuals responsible for the repression of peaceful political activity in Burma. (Sec. 5) Subjects the following persons to a U.S. entry visa prohibition and financial sanctions (blocked property, financial transaction prohibitions, prohibited activities, and banking sanctions), including: (1) former and present leaders of the SPDC, the Burmese military, or the Union Solidarity Development Association (USDA); (2) officials of the SPDC, the Burmese military, or the USDA involved in political repression in Burma or other gross violations of human rights abuses; (3) other Burmese SPDC, Burmese military, and USDA supporters; and (4) immediate family members of any such persons. Directs the President to submit to Congress a list of such sanctioned persons. Exempts medical and humanitarian assistance and certain financial transactions from such restrictions. Authorizes additional waivers for diplomatic, official U.S. Government, and travel purposes. Subjects persons who violate such prohibitions to certain civil and criminal penalties. Terminates such sanctions upon a presidential certification to Congress that the SPDC has: (1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy (NLD); (2) entered into a dialogue with democratic forces led by the NLD and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. Authorizes the President to waive such sanctions if it is in the national interests of the United States. (Sec. 6) Amends the Burmese Freedom and Democracy Act of 2003 (BFDA) to prohibit the importation into the United States of jadeite and rubies, including jewelry containing such articles (covered articles) from Burma until the President certifies to Congress that Burma has met certain conditions concerning human rights and democratic reforms and has implemented certain counternarcotics measures. Directs the President to require certain conditions for the importation into the United States of such articles from other countries (non-Burmese covered articles) in order to prevent trade in Burmese covered articles. Subjects Burmese covered articles and non-Burmese covered articles that are imported into the United States to seizure and forfeiture and to U.S. criminal and civil laws. Expresses the sense of Congress that the President should take the necessary steps to negotiate an international arrangement (similar to the Kimberley Process Certification Scheme for conflict diamonds) to prevent the trade in Burmese covered articles. Requires the President to report to Congress on what U.S. actions have been taken to seek: (1) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting the United States a waiver under the WTO with respect to the provisions of this Act; (2) the adoption of a United Nations (U.N.) resolution calling for the creation and implementation of a certification scheme for non-Burmese covered articles to prevent trade in Burmese covered articles; and (3) the negotiation of an international arrangement to prevent the trade in Burmese covered articles. Requires the Comptroller General to report to Congress on the effectiveness of this Act. Extends import sanctions upon enactment of a renewal resolution by Congress. (Sec. 7) Directs the President to appoint a Special Representative and Policy Coordinator for Burma. (Sec. 8) Authorizes the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma. Authorizes appropriations for FY2008. (Sec. 9) Declares the sense of Congress that the international community should increase support for nongovernmental organizations (NGOs) attempting to meet the urgent humanitarian needs of the Burmese people. Amends the BFDA to authorize the Secretary of the Treasury to issue multi-year licenses for humanitarian or religious activities in Burma. Authorizes appropriations, with a limitation, for FY2008. (Sec. 10) Directs the Secretary of State to report to Congress on countries, companies, and other entities that provide military or intelligence aid to the SPDC. (Sec. 11) Expresses the sense of Congress that the United States should lead UN Security Council efforts to impose an international arms embargo on Burma. (Sec. 12) Directs the Secretary of State to report annually to Congress on Burma's timber trade, including recommendations on alternative imports to Burmese hardwoods. (Sec. 13) Directs the Secretary of the Treasury to report annually to Congress on all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials. (Sec. 14) Expresses the sense of Congress that the United States should work with the Royal Thai Government to ensure the safety of the 15 plaintiffs in the Doe v. Unocal case. Urges the United States to grant plaintiffs refugee status or humanitarian parole to enter the United States. (Sec. 15) Urges: (1) U.S., French, and Thai investors to voluntarily divest in the Burmese Yadana gas pipeline project if the Burmese Government fails to take steps to release political prisoners, restore civilian constitutional rule, and promote national reconciliation; and (2) Yadana investors that remain invested in Burma to communicate certain criticisms to the Burmese government, disclose transparently their role in Burmese investment, and work with project partners to ensure forced labor is not used on the project.
Burma Democracy Promotion Act of 2007 - (Sec. 4) States that it is U.S. policy to: (1) condemn the repression carried out by the State Peace and Development Council (SPDC); (2) support a peaceful transition to constitutional democracy in Burma; and (3) hold accountable individuals responsible for the repression of peaceful political activity in Burma. (Sec. 5) Directs the President to submit to Congress a list of: (1) SPDC officials who play or have played a substantial role in political repression in Burma or in the commission of human rights abuses; and (2) other Burmese SPDC supporters. Subjects persons so identified to U.S. entry prohibition and financial sanctions (blocked property, financial transaction prohibitions, and banking sanctions). Exempts medical and humanitarian assistance and certain financial transactions from such restrictions. Authorizes additional waivers for diplomatic and travel purposes. Subjects persons who violate such prohibitions to certain civil and criminal penalties. Terminates such prohibitions upon a presidential certification to Congress that the SPDC has: (1) released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. Authorizes the President to waive such prohibitions if it is in the national interests of the United States. (Sec. 6) Amends the the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of Burmese gems, teak, or other hardwood timber. (Sec. 7) Directs the President to appoint a Special Representative and Policy Coordinator for Burma. (Sec. 8) Expresses the sense of Congress that: (1) the United States encourages the Association of Southeast Asian Nations (ASEAN) to take more steps to ensure a peaceful transition to democracy in Burma; and (2) the international community should increase support for nongovernmental organizations attempting to meet the humanitarian needs of the Burmese people. Authorizes: (1) the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma; and (2) the Secretary of the Treasury to issue multi-year licenses for humanitarian or religious activities in Burma. Authorizes appropriations, with a limitation. (Sec. 11) Directs the Secretary of State to report to Congress on countries that provide military aid to Burma. (Sec. 12) Expresses the sense of Congress that the United States should lead U.N. Security Council efforts to impose an international arms embargo on Burma.
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007 - (Sec. 3) Amends the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of: (1) jadeite and rubies, including jewelry containing such articles (covered articles) from Burma until the President certifies to Congress that Burma has met certain conditions concerning certain human rights and democratic reforms and has implemented certain counternarcotics measures; and (2) such articles from other countries (non-Burmese covered articles) until certain conditions are met by such country and exporters and importers of such articles to prevent trade in Burmese covered articles. Subjects Burmese covered articles and non-Burmese covered articles that are imported into the United States to seizure and forfeiture and to U.S. criminal and civil laws. Expresses the sense of Congress that the President take the necessary steps to negotiate an international arrangement (similar to the Kimberley Process Certification Scheme for conflict diamonds) to prevent the trade in Burmese covered articles. Requires the President to report to Congress on what U.S. actions have been taken to seek: (1) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting the United States a waiver under the WTO with respect to the provisions of this Act; (2) the adoption of a UN resolution calling for the creation and implementation of a certification scheme for non-Burmese covered articles to prevent trade in Burmese covered articles; and (3) the negotiation of an international arrangement to prevent the trade in Burmese covered articles. Requires the Comptroller General to report to Congress on the effectiveness of implementation of this Act. Expands the ban on the issuance of visas and admission to the United States to former and present leadership of the State Peace and Development Council (SPDC) or the Union Solidarity Development Association (Burmese regime) to include Burmese military members (including their families) involved in the repression of protests in Burma in August, September, and October 2007 and Burmese officials who have engaged in gross violations of internationally recognized human rights. Waives such ban only if the President certifies to Congress that it is in the national interests of the United States. Provides for the blocking of all property assets in the United States: (1) that are owned by members of the Burmese regime and Burmese military and Burmese officials who have engaged in gross violations of internationally recognized human rights (under current law, provides for the freezing of assets in the United States of Burmese regime members); and (2) of persons associated with such individuals. Subjects, with specified exceptions, persons who engage in certain prohibited activities related to the blocking of such property to certain penalties. (Sec. 4) Authorizes the President to assist Burma democracy activists and humanitarian aid workers in their efforts to promote freedom, democracy, and human rights in Burma. Authorizes appropriations for FY2008 and FY2009. Prohibits funding to the SPDC and SPDC-controlled entities. (Sec. 5) Directs the Secretary of State to report to Congress on countries, companies, and other entities that provide military or intelligence aid to the SPDC. (Sec. 6) Amends the Internal Revenue Code to deny the foreign tax credit with respect to Burma beginning on January 1, 2008, and ending when the Secretary of State certifies to the Secretary of the Treasury that Burma has met certain human rights and democratic reforms and implemented certain counternarcotics measures. (Sec. 7) Requires the President to waive the competitive need limitation under the General System of Preferences with respect to certain jewelry articles from Thailand and India. Expresses the sense of Congress that the President should: (1) review any such waiver that has been revoked with respect to any eligible article of a beneficiary developing country; and (2) reinstate such waiver unless the U.S. International Trade Commission affirmatively determines that revocation of the waiver will not reduce the current level of exports of such article from such country to the United States and will not benefit one or more countries that are not designated as beneficiary developing countries under the General System of Preferences. (Sec. 8) Provides for the following offsets: (1) increases by 0.25 percentage points the current increased percentage of any required installment of corporate estimated tax otherwise due in July, August, or September of 2012; and (2) amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority for collection of customs user fees from December 13, 2014, through January 24, 2015.
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007 - Amends the Burmese Freedom and Democracy Act of 2003 to: (1) waive the requirement that Congress annually enact renewal resolutions for the continuation of import restrictions against Burmese products; and (2) continue such sanctions until they are terminated by a joint resolution of Congress or by the President (under current law, until terminated by the President). Prohibits the importation of gemstones, pearls, or rough unfinished geological or mineral material mined or extracted from Burma. Expands the ban on the issuance of visas and admission to the United States to former and present leadership of the State Peace and Development Council (SPDC) or the Union Solidarity Development Association (Burmese regime) to include Burmese military members (including their families) involved in the repression of protests in Burma in August, September, and October 2007, and Burmese officials who have engaged in gross violations of internationally recognized human rights. Waives such ban only if the President certifies to Congress that it is in the national interests of the United States. Expands current law provisions providing for the freezing of assets in the United States of Burmese regime members to provide for the blocking of all property and assets in the United States: (1) that are owned by members of the Burmese regime and Burmese military and Burmese officials who have engaged in gross violations of internationally recognized human rights; and (2) of persons and financial institutions associated with such individuals. Sets forth, with specified exceptions, certain prohibited activities related to the blocking of such property. Subjects persons who violate such prohibitions to certain penalties. Denies tax deductions or tax credits with respect to amounts paid or incurred by the Burmese regime, or a joint production agreement involving the Yadana gas field or pipeline. Authorizes the President to assist Burma democracy activists and humanitarian aid workers in their efforts to promote freedom, democracy, and human rights in Burma. Authorizes appropriations for FY2008 and FY2009. Prohibits funding to the SPDC and SPDC-controlled entities. Directs the Secretary of State to report to Congress on countries, companies, and other entities that provide military or intelligence aid to the SPDC.
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007 - Amends the Burmese Freedom and Democracy Act of 2003 to: (1) waive the requirement that Congress annually enact renewal resolutions for the continuation of import restrictions against Burmese products; and (2) continue such sanctions until they are terminated by a joint resolution of Congress or by the President (under current law, until terminated by the President). Prohibits the importation of gemstones or rough unfinished geological material mined or extracted from Burma. Expands the ban on the issuance of visas and admission to the United States to former and present leadership of the State Peace and Development Council (SPDC) or the Union Solidarity Development Association (Burmese regime) to include Burmese military members (including their families) involved in the repression of protests in Burma in August, September, and October 2007, and Burmese officials who have engaged in gross violations of internationally recognized human rights. Waives such ban only if the President certifies to Congress that it is in the national interests of the United States. Expands current law provisions providing for the freezing of assets in the United States of Burmese regime members to provide for the blocking of all property and assets in the United States: (1) that are owned by members of the Burmese regime and Burmese military and Burmese officials who have engaged in gross violations of internationally recognized human rights; and (2) of persons and financial institutions associated with such individuals. Sets forth, with specified exceptions, certain prohibited activities related to the blocking of such property. Subjects persons who violate such prohibitions to certain penalties. Denies tax deductions or tax credits with respect to amounts paid or incurred by the Burmese regime, or a joint production agreement involving the Yadana gas field or pipeline.

Actions

2008-07-29T00:00:00

Became Public Law No: 110-286.

2008-07-29T00:00:00

Became Public Law No: 110-286.

2008-07-29T00:00:00

Signed by President.

2008-07-29T00:00:00

Signed by President.

2008-07-25T00:00:00

Presented to President.

2008-07-25T00:00:00

Presented to President.

2008-07-23T00:00:00

Message on Senate action sent to the House.

2008-07-22T00:00:00

Cleared for White House.

2008-07-22T00:00:00

Senate agreed to the House amendments (substitute and title) by Unanimous Consent. (consideration: CR S7079-7084; text as Senate agreed to House amendment: CR S7079-7084)

2008-07-22T00:00:00

Resolving differences -- Senate actions: Senate agreed to the House amendments (substitute and title) by Unanimous Consent.(consideration: CR S7079-7084; text as Senate agreed to House amendment: CR S7079-7084)

2008-07-17T00:00:00

Message on House action received in Senate and at desk: House amendments to Senate amendments.

2008-07-16T00:00:00

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3890. (consideration: CR H6599)

2008-07-15T00:00:00

House agreed to Senate amendments with amendments pursuant to H.Res. 1341. (consideration: CR H6520)

2008-07-15T00:00:00

Resolving differences -- House actions: House agreed to Senate amendments with amendments pursuant to H.Res. 1341.(consideration: CR H6520)

2007-12-19T00:00:00

Message on Senate action sent to the House.

2007-12-19T00:00:00

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

2007-12-19T00:00:00

Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

2007-12-19T00:00:00

Measure laid before Senate by unanimous consent. (consideration: CR S15971)

2007-12-19T00:00:00

Senate Committee on Foreign Relations discharged by Unanimous Consent.

2007-12-19T00:00:00

Senate Committee on Foreign Relations discharged by Unanimous Consent.

2007-12-12T00:00:00

Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

2007-12-11T00:00:00

The title of the measure was amended. Agreed to without objection.

2007-12-11T00:00:00

Motion to reconsider laid on the table Agreed to without objection.

2007-12-11T00:00:00

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H15234-15237)

2007-12-11T00:00:00

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H15234-15237)

2007-12-11T00:00:00

DEBATE - The House proceeded with forty minutes of debate on H.R. 3890.

2007-12-11T00:00:00

Considered under suspension of the rules. (consideration: CR H15234-15239)

2007-12-11T00:00:00

Mr. Meeks (NY) moved to suspend the rules and pass the bill, as amended.

2007-12-07T00:00:00

House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 12, 2007.

2007-11-15T00:00:00

House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 7, 2007.

2007-10-31T00:00:00

House Committee on Ways and Means Granted an extension for further consideration ending not later than Nov. 16, 2007.

2007-10-31T00:00:00

Committee on Judiciary discharged.

2007-10-31T00:00:00

Committee on Judiciary discharged.

2007-10-31T00:00:00

Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 110-418, Part I.

2007-10-31T00:00:00

Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 110-418, Part I.

2007-10-23T00:00:00

Ordered to be Reported in the Nature of a Substitute by Unanimous Consent.

2007-10-23T00:00:00

Committee Consideration and Mark-up Session Held.

2007-10-18T00:00:00

Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2007-10-18T00:00:00

Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2007-10-18T00:00:00

Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2007-10-18T00:00:00

Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2007-10-18T00:00:00

Introduced in House

2007-10-18T00:00:00

Introduced in House

Policy Areas

International Affairs

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