(2) LIMITATION.—
(A) IN GENERAL.—Except as provided under subparagraph
(B), amounts appropriated pursuant to paragraph
(1) may not be provided to—
(i) SPDC-controlled entities;
(ii) entities run by members of the SPDC or their
families; or
(iii) entities providing cash or resources to the
SPDC, including organizations affiliated with the
United Nations.
(B) WAIVER.—The President may waive the funding
restriction described in subparagraph (A) if—
(i) the President determines and certifies to the
appropriate congressional committees that such waiver
is in the national interests of the United States;
(ii) a description of the national interests need
for the waiver is submitted to the appropriate congressional
committees; and
(iii) the description submitted under clause (ii)
is posted on a publicly accessible Internet Web site
of the Department of State.
SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act and annually thereafter, the Secretary
of State shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report containing a list of countries, companies,
and other entities that provide military or intelligence aid to the
SPDC and describing such military or intelligence aid provided
by each such country, company, and other entity.
(b) MILITARY OR INTELLIGENCE AID DEFINED.—For the purpose
of this section, the term ‘‘military or intelligence aid’’ means, with
respect to the SPDC—
(1) the provision of weapons, weapons parts, military
vehicles, or military aircraft;
(2) the provision of military or intelligence training,
including advice and assistance on subject matter expert
exchanges;
(3) the provision of weapons of mass destruction and related
materials, capabilities, and technology, including nuclear, chemical,
or dual-use capabilities;
(4) conducting joint military exercises;
(5) the provision of naval support, including ship development
and naval construction;
(6) the provision of technical support, including computer
and software development and installations, networks, and
infrastructure development and construction; or
(7) the construction or expansion of airfields, including
radar and anti-aircraft systems.
(c) FORM.—The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex
and the unclassified form shall be placed on the Department of
State’s website.
SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO
BURMA.
It is the sense of Congress that the United States should
lead efforts in the United Nations Security Council to impose a
mandatory international arms embargo on Burma, curtailing all
sales of weapons, ammunition, military vehicles, and military aircraft
to Burma until the SPDC releases all political prisoners,
restores constitutional rule, takes steps toward inclusion of ethnic
minorities in political reconciliation efforts, and holds free and
fair elections to establish a new government.
SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER.
(a) REPORT.—Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary of
State, in consultation with the Secretary of Commerce, and other
Federal officials, as appropriate, shall submit to the appropriate
congressional committees a report on Burma’s timber trade containing
information on the following:
(1) Products entering the United States made in whole
or in part of wood grown and harvested in Burma, including
measurements of annual value and volume and considering
both legal and illegal timber trade.
(2) Statistics about Burma’s timber trade, including raw
wood and wood products, in aggregate and broken down by
country and timber species, including measurements of value
and volume and considering both legal and illegal timber trade.
(3) A description of the chains of custody of products
described in paragraph (1), including direct trade streams from
Burma to the United States and via manufacturing or transshipment
in third countries.
(4) Illegalities, abuses, or corruption in the Burmese timber
sector.
(5) A description of all common consumer and commercial
applications unique to Burmese hardwoods, including the furniture
and marine manufacturing industries.
(b) RECOMMENDATIONS.—The report required under subsection
(a) shall include recommendations on the following:
(1) Alternatives to Burmese hardwoods for the commercial
applications described in paragraph (5) of subsection (a),
including alternative species of timber that could provide the
same applications.
(2) Strategies for encouraging sustainable management of
timber in locations with potential climate, soil, and other conditions
to compete with Burmese hardwoods for the consumer
and commercial applications described in paragraph (5) of subsection
(a).
(3) The appropriate United States and international customs
documents and declarations that would need to be kept
and compiled in order to establish the chain of custody concerning
products described in paragraphs (1) and (3) of subsection
(a).
(4) Strategies for strengthening the capacity of Burmese
civil society, including Burmese society in exile, to monitor
and report on the SPDC’s trade in timber and other extractive
industries so that Burmese natural resources can be used to
benefit the majority of Burma’s population.
SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE
SPDC.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act and annually thereafter, the Secretary
of the Treasury, in consultation with the Secretary of State, shall
submit to the Committee on Foreign Affairs of the House of Representatives,
the Committee on Ways and Means of the House
of the Representatives, the Committee on Foreign Relations of
the Senate, and the Committee on Finance of the Senate a report
containing a list of all countries and foreign banking institutions
that hold assets on behalf of senior Burmese officials.
(b) DEFINITIONS.—For the purpose of this section:
(1) SENIOR BURMESE OFFICIALS.—The term ‘‘senior Burmese
officials’’ shall mean individuals covered under section 5(d)(1)
of this Act.
(2) OTHER TERMS.—Other terms shall be defined under
the authority of and consistent with section 5(c)(2) of this
Act.
(c) FORM.—The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
The report shall also be posted on the Department of Treasury’s
website not later than 30 days of the submission to Congress
of the report. To the extent possible, the report shall include the
names of the senior Burmese officials and the approximate value
of their holdings in the respective foreign banking institutions and
any other pertinent information.
SEC. 14. UNOCAL PLAINTIFFS.
(a) SENSE OF CONGRESS.—It is the Sense of Congress that
the United States should work with the Royal Thai Government
to ensure the safety in Thailand of the 15 plaintiffs in the Doe
v. Unocal case, and should consider granting refugee status or
humanitarian parole to these plaintiffs to enter the United States
consistent with existing United States law.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the appropriate
Congressional committees a report on the status of the Doe vs.
Unocal plaintiffs and whether the plaintiffs have been granted
refugee status or humanitarian parole.
SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN
BURMA’S OIL AND GAS INDUSTRY.
(a) FINDINGS AND DECLARATIONS.—Congress finds the following:
(1) Currently United States, French, and Thai investors
are engaged in the production and delivery of natural gas
in the pipeline from the Yadana and Sein fields (Yadana pipeline)
in the Andaman Sea, an enterprise which falls under
the jurisdiction of the Burmese Government, and United States
investment by Chevron represents approximately a 28 percent
nonoperated, working interest in that pipeline.
(2) The Congressional Research Service estimates that the
Yadana pipeline provides at least $500,000,000 in annual revenue
for the Burmese Government.
(3) The natural gas that transits the Yadana pipeline is
delivered primarily to Thailand, representing about 20 percent
of Thailand’s total gas supply.
(4) The executive branch has in the past exempted investment
in the Yadana pipeline from the sanctions regime against
the Burmese Government.
(5) Congress believes that United States companies ought
to be held to a high standard of conduct overseas and should
avoid as much as possible acting in a manner that supports
repressive regimes such as the Burmese Government.
(6) Congress recognizes the important symbolic value that
divestment of United States holdings in Burma would have
on the international sanctions effort, demonstrating that the
United States will continue to lead by example.
(b) STATEMENT OF POLICY.—
(1) Congress urges Yadana investors to consider voluntary
divestment over time if the Burmese Government fails to take
meaningful steps to release political prisoners, restore civilian
constitutional rule and promote national reconciliation.
(2) Congress will remain concerned with the matter of
continued investment in the Yadana pipeline in the years
ahead.
(3) Congress urges the executive branch to work with all
firms invested in Burma’s oil and gas sector to use their influence
to promote the peaceful transition to civilian democratic
rule in Burma.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
so long as Yadana investors remain invested in Burma, such investors
should—
(1) communicate to the Burmese Government, military and
business officials, at the highest levels, concern about the lack
of genuine consultation between the Burmese Government and
its people, the failure of the Burmese Government to use its
natural resources to benefit the Burmese people, and the military’s
use of forced labor;
(2) publicly disclose and deal with in a transparent manner,
consistent with legal obligations, its role in any ongoing investment
in Burma, including its financial involvement in any
joint production agreement or other joint ventures and the
amount of their direct or indirect support of the Burmese
Government; and
(3) work with project partners to ensure that forced labor
is not used to construct, maintain, support, or defend the project
facilities, including pipelines, offices, or other facilities.
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