‘‘(3) REGULATORY AUTHORITY.—The President is authorized
to, and shall as necessary, issue such proclamations, regulations,
licenses, and orders and conduct such investigations,
as may be necessary to implement the provisions under paragraphs
(1) and (2).
‘‘(d) INAPPLICABILITY.—
‘‘(1) IN GENERAL.—The requirements of subsection (b)(1)
and subsection (c)(1) shall not apply to Burmese covered articles
and non-Burmese covered articles, respectively, that were previously
exported from the United States, including those that
accompanied an individual outside the United States for personal
use, if they are reimported into the United States by
the same person, without having been advanced in value or
improved in condition by any process or other means while
outside the United States.
‘‘(2) ADDITIONAL PROVISION.—The requirements of subsection
(c)(1) shall not apply with respect to the importation
of non-Burmese covered articles that are imported by or on
behalf of an individual for personal use and accompanying
an individual upon entry into the United States.
‘‘(e) ENFORCEMENT.—Burmese covered articles or non-Burmese
covered articles that are imported into the United States in violation
of any prohibition of this Act or any other provision law shall be subject to all applicable seizure and forfeiture laws and criminal
and civil laws of the United States to the same extent as any
other violation of the customs laws of the United States.
‘‘(f) SENSE OF CONGRESS.—
‘‘(1) IN GENERAL.—It is the sense of Congress that the
President should take the necessary steps to seek to negotiate
an international arrangement—similar to the Kimberley
Process Certification Scheme for conflict diamonds—to prevent
the trade in Burmese covered articles. Such an international
arrangement should create an effective global system of controls
and should contain the measures described in subsection
(c)(2)(B) (or their functional equivalent).
‘‘(2) KIMBERLEY PROCESS CERTIFICATION SCHEME DEFINED.—
In paragraph (1), the term ‘Kimberley Process Certification
Scheme’ has the meaning given the term in section 3(6) of
the Clean Diamond Trade Act (Public Law 108–19; 19 U.S.C.
3902(6)).
‘‘(g) REPORT.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of the Tom Lantos Block Burmese JADE
(Junta’s Anti-Democratic Efforts) Act of 2008, the President
shall transmit to the appropriate congressional committees a
report describing what actions the United States has taken
during the 60-day period beginning on the date of the enactment
of such Act to seek—
‘‘(A) the issuance of a draft waiver decision by the
Council for Trade in Goods of the World Trade Organization,
as specified in subsection (b)(3)(A);
‘‘(B) the adoption of a resolution by the United Nations
General Assembly, as specified in subsection (b)(3)(B); and
‘‘(C) the negotiation of an international arrangement,
as specified in subsection (f)(1).
‘‘(2) UPDATE.—The President shall make continued efforts
to seek the items specified in subparagraphs (A), (B), and
(C) of paragraph (1) and shall promptly update the appropriate
congressional committees on subsequent developments with
respect to these efforts.
‘‘(h) GAO REPORT.—Not later than 14 months after the date
of the enactment of the Tom Lantos Block Burmese JADE (Junta’s
Anti-Democratic Efforts) Act of 2008, the Comptroller General of
the United States shall submit to the appropriate congressional
committees a report on the effectiveness of the implementation
of this section. The Comptroller General shall include in the report
any recommendations for improving the administration of this Act.’’.
(b) DURATION OF SANCTIONS.—
(1) CONTINUATION OF IMPORT SANCTIONS.—Subsection (b)
of section 9 of the Burmese Freedom and Democracy Act of
2003 (Public Law 108–61; 50 U.S.C. 1701 note) is amended
by adding at the end the following new paragraph:
‘‘(4) RULE OF CONSTRUCTION.—For purposes of this subsection,
any reference to section 3(a)(1) shall be deemed to
include a reference to section 3A (b)(1) and (c)(1).’’.
(2) RENEWAL RESOLUTIONS.—Subsection (c) of such section
is amended by inserting after ‘‘section 3(a)(1)’’ each place it
appears the following: ‘‘and section 3A (b)(1) and (c)(1)’’.
(3) EFFECTIVE DATE.—
(A) IN GENERAL.—The amendments made by this subsection
take effect on the day after the date of the enactment
of 5th renewal resolution enacted into law after the
date of the enactment of the Burmese Freedom and Democracy
Act of 2003, or the date of the enactment of this
Act, whichever occurs later.
(B) RENEWAL RESOLUTION DEFINED.—In this paragraph,
the term ‘‘renewal resolution’’ means a renewal resolution
described in section 9(c) of the Burmese Freedom
and Democracy Act of 2003 that is enacted into law in
accordance with such section.
(c) CONFORMING AMENDMENT.—Section 3(b) of the Burmese
Freedom and Democracy Act of 2003 (Public Law 108–61; 50 U.S.C.
1701 note) is amended—
(1) by striking ‘‘prohibitions’’ and inserting ‘‘restrictions’’;
(2) by inserting ‘‘or section 3A (b)(1) or (c)(1)’’ after ‘‘this
section’’; and
(3) by striking ‘‘a product of Burma’’ and inserting ‘‘subject
to such restrictions’’.
SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR
BURMA.
(a) UNITED STATES SPECIAL REPRESENTATIVE AND POLICY
COORDINATOR FOR BURMA.—The President shall appoint a Special
Representative and Policy Coordinator for Burma, by and with
the advice and consent of the Senate.
(b) RANK.—The Special Representative and Policy Coordinator
for Burma appointed under subsection (a) shall have the rank
of ambassador and shall hold the office at the pleasure of the
President. Except for the position of United States Ambassador
to the Association of Southeast Asian Nations, the Special Representative
and Policy Coordinator may not simultaneously hold
a separate position within the executive branch, including the
Assistant Secretary of State, the Deputy Assistant Secretary of
State, the United States Ambassador to Burma, or the Charge
d’affairs to Burma.
(c) DUTIES AND RESPONSIBILITIES.—The Special Representative
and Policy Coordinator for Burma shall—
(1) promote a comprehensive international effort, including
multilateral sanctions, direct dialogue with the SPDC and
democracy advocates, and support for nongovernmental
organizations operating in Burma and neighboring countries,
designed to restore civilian democratic rule to Burma and
address the urgent humanitarian needs of the Burmese people;
(2) consult broadly, including with the Governments of
the People’s Republic of China, India, Thailand, and Japan,
and the member states of ASEAN and the European Union
to coordinate policies toward Burma;
(3) assist efforts by the United Nations Special Envoy to
secure the release of all political prisoners in Burma and to
promote dialogue between the SPDC and leaders of Burma’s
democracy movement, including Aung San Suu Kyi;
(4) consult with Congress on policies relevant to Burma
and the future and welfare of all the Burmese people, including
refugees; and
(5) coordinate the imposition of Burma sanctions within
the United States Government and with the relevant international
financial institutions.
SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.
(a) IN GENERAL.—The President is authorized to assist Burmese
democracy activists who are dedicated to nonviolent opposition to
the SPDC in their efforts to promote freedom, democracy, and
human rights in Burma.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $5,000,000 to the Secretary of State for fiscal
year 2008 to—
(1) provide aid to democracy activists in Burma;
(2) provide aid to individuals and groups conducting democracy
programming outside of Burma targeted at a peaceful
transition to constitutional democracy inside Burma; and
(3) expand radio and television broadcasting into Burma.
SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS
ADDRESSING THE HUMANITARIAN NEEDS OF THE BURMESE
PEOPLE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
the international community should increase support for nongovernmental
organizations attempting to meet the urgent humanitarian
needs of the Burmese people.
(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS ACTIVITIES IN
BURMA.—Section 5 of the Burmese Freedom and Democracy Act
of 2003 (50 U.S.C. 1701 note) is amended—
(1) by inserting ‘‘(a) OPPOSITION TO ASSISTANCE TO
BURMA.—’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new subsection:
‘‘(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS ACTIVITIES
IN BURMA.—Notwithstanding any other provision of law, the Secretary
of the Treasury is authorized to issue multi-year licenses
for humanitarian or religious activities in Burma.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, there are authorized to be appropriated $11,000,000 to
the Secretary of State for fiscal year 2008 to support operations
by nongovernmental organizations, subject to paragraph (2),
designed to address the humanitarian needs of the Burmese
people inside Burma and in refugee camps in neighboring countries.
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