(17) Despite the devastation caused by Cyclone Nargis, the junta went ahead with its referendum on a constitution
drafted by an illegitimate assembly, conducting voting in unaffected areas on May 10, 2008, and in portions of the
affected Irrawaddy region and Rangoon on May 26, 2008.

SEC. 3. DEFINITIONS.
In this Act:
(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, ‘‘correspondent account’’, and ‘‘payable-through account’’ have the meanings given the terms
in section 5318A(e)(1) of title 31, United States Code.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Ways and Means of the House of Representatives.

(3) ASEAN.—The term ‘‘ASEAN’’ means the Association of Southeast Asian Nations.

(4) PERSON.—The term ‘‘person’’ means—
(A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental
entity, organization, or group; and
(B) any successor, subunit, or subsidiary of any person described in subparagraph (A).

(5) SPDC.—The term ‘‘SPDC’’ means the State Peace and Development Council, the ruling military regime in Burma.
(6) UNITED STATES PERSON.—The term ‘‘United States person’’ means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States (including foreign branches), or any person in the United States.

SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to—
(1) condemn the continued repression carried out by the SPDC;

(2) work with the international community, especially the People’s Republic of China, India, Thailand, and ASEAN, to foster support for the legitimate democratic aspirations of the people of Burma and to coordinate efforts to impose sanctions on those directly responsible for human rights abuses in Burma;

(3) provide all appropriate support and assistance to aid a peaceful transition to constitutional democracy in Burma;

(4) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian
needs of the Burmese people; and

(5) identify individuals responsible for the repression of peaceful political activity in Burma and hold them accountable for their actions.

SEC. 5. SANCTIONS.
(a) VISA BAN.—
(1) IN GENERAL.—The following persons shall be ineligible for a visa to travel to the United States:
(A) Former and present leaders of the SPDC, the Burmese military, or the USDA.
(B) Officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity or in other gross violations of human rights in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC.
(C) Any other Burmese persons who provide substantial economic and political support for the SPDC, the Burmese
military, or the USDA.
(D) The immediate family members of any person described in subparagraphs (A) through (C).

(2) WAIVER.—The President may waive the visa ban described in paragraph (1) only if the President determines
and certifies in writing to Congress that travel by the person seeking such a waiver is in the national interests of the United States.

(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to conflict with the provisions of section 694 of the Consolidated Appropriations Act, 2008 (Public Law 110–161), nor shall this subsection be construed to make ineligible for a visa members of ethnic groups in Burma now or previously opposed to the regime who were forced to provide labor or other support to the Burmese military and who are otherwise eligible for admission into the United States.

(b) FINANCIAL SANCTIONS.—
(1) BLOCKED PROPERTY.—No property or interest in property belonging to a person described in subsection (a)(1) may be transferred, paid, exported, withdrawn, or otherwise dealt with if—
(A) the property is located in the United States or within the possession or control of a United States person,
including the overseas branch of a United States person; or
(B) the property comes into the possession or control of a United States person after the date of the enactment
of this Act.
(2) FINANCIAL TRANSACTIONS.—Except with respect to transactions authorized under Executive Orders 13047 (May 20, 1997) and 13310 (July 28, 2003), no United States person may engage in a financial transaction with the SPDC or with a person described in subsection (a)(1).
(3) PROHIBITED ACTIVITIES.—Activities prohibited by reason of the blocking of property and financial transactions under this subsection shall include the following:
(A) Payments or transfers of any property, or any transactions involving the transfer of anything of economic
value by any United States person, including any United States financial institution and any branch or office of
such financial institution that is located outside the United States, to the SPDC or to an individual described in subsection (a)(1).
(B) The export or reexport directly or indirectly, of any goods, technology, or services by a United States person
to the SPDC, to an individual described in subsection (a)(1) or to any entity owned, controlled, or operated by the
SPDC or by an individual described in such subsection.

(c) AUTHORITY FOR ADDITIONAL BANKING SANCTIONS.—
(1) IN GENERAL.—The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312
of title 31, United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used—
(A) by a foreign banking institution that holds property or an interest in property belonging to the SPDC or a
person described in subsection (a)(1); or
(B) to conduct a transaction on behalf of the SPDC or a person described in subsection (a)(1).
(2) AUTHORITY TO DEFINE TERMS.—The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary considers appropriate.

(d) LIST OF SANCTIONED OFFICIALS.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a list of—
(A) former and present leaders of the SPDC, the Burmese military, and the USDA;
(B) officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political
activity in Burma or in the commission of other human rights abuses, including any current or former officials
of the security services and judicial institutions of the SPDC;
(C) any other Burmese persons or entities who provide substantial economic and political support for the SPDC,
the Burmese military, or the USDA; and
(D) the immediate family members of any person described in subparagraphs (A) through (C) whom the
President determines effectively controls property in the United States or has benefitted from a financial transaction
with any United States person.
(2) CONSIDERATION OF OTHER DATA.—In preparing the list required under paragraph (1), the President shall consider the data already obtained by other countries and entities that apply sanctions against Burma, such as the Australian Government and the European Union.
(3) UPDATES.—The President shall transmit to the appropriate congressional committees updated lists of the persons described in paragraph (1) as new information becomes available.
(4) IDENTIFICATION OF INFORMATION.—The Secretary of State and the Secretary of the Treasury shall devote sufficient resources to the identification of information concerning potential persons to be sanctioned to carry out the purposes described in this Act.

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