House and Senate Pass Different Versions of Burma Sanctions Bill (Senate Version Would Expand Current "Product of" Import Ban, Etc.)
On December 19, 2007 the Senate passed its version of H.R. 3890, the Burma Democracy Promotion Act of 2007, which would replace the current "product of" Burma import ban with a ban on any articles "produced, mined, manufactured, grown, or assembled" in Burma; expand the blocking of assets and other prohibited activities; and for other purposes.
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(On December 11, 2007, the House of Representatives passed its own version of H.R. 3890, titled the Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2007, which would reinstate duty-free benefits under the Generalized System of Preferences for certain India and Thailand gold jewelry, impose import sanctions on Burmese mined or extracted jadeite and rubies and articles of jewelry containing the same, etc. See ITT's Online Archives or 12/28/07 news, 07122810, for BP summary.)
The next expected step would be for the House and Senate to confer and develop a single version of the measure.
Highlights of Senate Version of Bill
The Senate version of H.R. 3890 is highlighted below:
Import ban would expand to articles "produced, mined, manufactured, grown, or assembled" in Burma. The Senate version of H.R. 3890 would amend Section 3(a)(1) of the Burmese Freedom and Democracy Act (BFDA) of 2003 (50 USC 1701 note) by replacing the "product of" import ban, with a ban on the importation of any article that is "produced, mined, manufactured, grown, or assembled" in Burma (Myanmar), including:
any gemstone or rough unfinished geological material mined or extracted from Burma, whether imported as a loose item or as a component of a finished piece of jewelry; and
any teak or other hardwood timber, regardless of the country in which such hardwood timber is milled, sawn, or otherwise processed, whether imported in unprocessed form or as a part or component of finished furniture or another wood item.
Additional asset, financial sanctions would be imposed. The Senate's version of H.R. 3890 would prohibit the following asset and financial transactions:
transfer, payment, exportation, withdrawal, or other dealings with property or interest in property located in the U.S. or under the possession/control of a U.S. person, etc. belonging to (i) officials of the State Peace and Development Council (SPDC)1; (ii) any other Burmese persons who provide substantial economic and political support for the SPDC; or (iii) an immediate family member of a such persons if certain conditions are met, etc. (SPDC officials/supporters, etc.).
except with respect to transactions authorized under Executive Orders 13047 (May 20, 1997) and 13310 (July 28, 2003), engaging in a financial transaction with SPDC officials/supporters, etc.
opening or maintaining in the U.S. certain accounts by financial institutions/agencies that the Secretary of the Treasury determines might be used by a foreign banking institution that holds property or interest in property belonging to SPDC officials/supporters, etc. or used to conduct a transaction on their behalf.
Travel restrictions. H.R. 3890 would make SPDC officials/supporters, etc. ineligible for a visa to enter the U.S.
Violations of asset/financial and travel restrictions. Under H.R. 3890, violators of the asset and financial prohibitions and the travel restrictions would/may be subject to the penalties of the International Emergency Economic Powers Act (IEEPA, 50 USC 1705) to the same extent as for a violation under the IEEPA. (See ITT's Online Archives or 10/23/07 and 11/08/07 news, 07102325 and 07110820, for BP summaries on the IEEPA Enhancement Act which increased certain penalties):
(H.R. 3890's asset/financial prohibitions and travel restrictions would apply until the President determines and certifies to Congress that (i) the SPDC has met certain conditions such as the unconditional release of political prisoners, etc; or (ii) a waiver is in the national interest of the U.S.)
1Also included are officials who have played a direct and substantial role 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.
H.R. 3890 as amended and passed by the Senate (dated 12/19/07) available at http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/c110nSXgKx