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U.S. Sanctions on Burma Michael F. Martin Specialist in Asian Affairs January 11, 2011 Congressional Research Service 7-5700 www.crs.gov R41336 CRS Report for Congress Prepared for Members and Committees of Congress U.S. Sanctions on Burma Summary Existing U.S. sanctions on Burma are based on various U.S. laws and Presidential Executive Orders. This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. The report concludes with a discussion of options for Congress. The current U.S. sanctions on Burma are the result of a general, but uneven decline in U.S. relations with Burma and its military, the Tatmadaw, since World War II. For the most part, the decline is due to what the U.S. government sees as a general disregard by the Burmese military for the human rights and civil liberties of the people of Burma. In general, Congress has passed Burma-specific sanctions following instances of serious violation of human rights in Burma. These began following the Tatmadaw's violent suppression of popular protests in 1988, and have continued through several subsequent periods in which Congress perceived major human rights violations in Burma. The result is a web of overlapping sanctions subject to differing restrictions, waiver provisions, expiration conditions, and reporting requirements. The United States currently imposes sanctions specifically on Burma via five laws and four presidential Executive Orders (E.O.s). These sanctions can be generally divided into several broad categories, such as visa bans, restrictions on financial services, prohibitions of Burmese imported goods, a ban on new investments in Burma, and constraints on U.S. assistance to Burma. In addition to the targeted sanctions, Burma is currently subject to certain sanctions specified in U.S. laws based on various functional issues. In many cases, the type of assistance or relations restricted or prohibited by these provisions are also addressed under Burma-specific sanction laws. The functional issues include the use of child soldiers, drug trafficking, human trafficking, money laundering, failure to protect religious freedoms, violations of workers' rights, and threats to world peace and the security of the United States. Past Congresses have considered a variety of additional, stricter sanctions on Burma. With a pending parliamentary election supposedly to be held in Burma, the 112th Congress may consider either the imposition of additional sanctions or the removal of some of the existing sanctions, depending on the conduct and outcome of the parliamentary election and other developments in Burma. This report will be updated as conditions warrant. Congressional Research Service U.S. Sanctions on Burma Contents Overview of Sanctions ................................................................................................................1 Brief History of U.S. Sanctions on Burma ...................................................................................3 Summary of Burma-Specific Sanctions .......................................................................................6 Visa Bans..............................................................................................................................6 Restrictions on Financial Services .........................................................................................8 "Frozen Assets" .................................................................................................................. 10 General Import Restrictions ................................................................................................ 14 Specific Import Restrictions ................................................................................................ 17 Investment Ban ................................................................................................................... 18 Bilateral and Multilateral Assistance Ban ............................................................................ 19 Additional Sanctions Based on Functional Issues ...................................................................... 20 Additional Sanctions Previously Proposed................................................................................. 23 Options for Congress ................................................................................................................ 24 Tables Table 1. Visa Bans.......................................................................................................................7 Table 2. Restrictions on Financial Services ..................................................................................9 Table 3. "Frozen Assets" ........................................................................................................... 11 Table 4. General Import Restrictions ......................................................................................... 15 Table 5. Specific Import Restrictions ......................................................................................... 17 Table 6. Investment Ban............................................................................................................ 18 Table 7. Bilateral and Multilateral Assistance Ban ..................................................................... 19 Contacts Author Contact Information ...................................................................................................... 25 Acknowledgments .................................................................................................................... 25 Congressional Research Service U.S. Sanctions on Burma Overview of Sanctions The United States imposes sanctions on Burma by a variety of means, including certain laws and Presidential Executive Orders (E.O.s) specifically targeting Burma, as well as laws that impose sanctions on countries for unacceptable behavior related to functional issues of importance to the U.S. government, such as nuclear proliferation or human trafficking. The Burma-specific laws and E.O.s were issued over the last 20 years, often in response to actions on the part of Burma's ruling military junta, the State Peace and Development Council (SPDC), that were considered sufficiently egregious to warrant the imposition of sanctions. The result is a web of overlapping sanctions subject to differing restrictions, waiver provisions, expiration conditions, and reporting requirements. U.S. sanctions targeted solely at Burma are specified in five federal laws, a series of Executive Orders, and certain presidential determinations. The five laws are: • Section 138 of the Customs and Trade Act of 1990 (Section 138)(P.L. 101- 382)—requires the President to impose "such economic sanctions upon Burma as the President determines to be appropriate," unless the President certifies certain conditions pertaining to human rights and counternarcotics have been met; • Section 307 of the Foreign Assistance Act of 1961 (Section 307)(P.L. 87–195), as amended by the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103-236)— withholds U.S. Defining "Sanction" contributions to selected The term, "sanction," has a number of different legal meanings, international organizations depending on the context and/or circumstances in which it is being with programs in Burma; used. "Sanction" can be used to describe tacit or explicit approval, but can also be used to describe disapproval. For international • Section 570 of the matters, the word often refers to measures taken by a nation or a Foreign Operations, group of nations to coerce another nation to comply with expected Export Financing, and conduct or behavior. These may include diplomatic measures (e.g.— severing diplomatic ties), economic measures (e.g.—restricting Related Programs trade), or military measures (e.g.—the imposition of a "no fly zone"). Appropriations Act, 1997 (Section 570)(P.L. 104- For purposes of this report, "sanction" refers to any measure or 1 action of a diplomatic, economic, or military nature taken by a nation 208) —imposes various (usually, the United States) or a group of nations to coerce Burma to specific sanctions on comply with expected conduct or behavior. Burma, unless the President certifies that certain human rights and democracy standards have been met; • The Burmese Freedom and Democracy Act of 2003 (2003 BFDA) (P.L. 108- 61)—requires the President to impose a ban on the import of products of Burma; freeze assets of certain Burmese officials; block U.S. support for loans from international financial institutions; and ban visas for certain Burmese officials; and 1 The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 was merged into Title 1 of the Omnibus Consolidated Appropriations Act, 1997. Congressional Research Service 1 U.S. Sanctions on Burma • The Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (2008 JADE Act) (P.L. 110-286)—bans the direct and indirect import of products containing Burmese jadeite and rubies; expands the list of Burmese officials subjected to visa bans and financial sanctions; and places restrictions on use of correspondent accounts to provide services to Burmese officials. Four Executive Orders currently in force impose sanctions on Burma—E.O. 13047, E.O. 13310, E.O. 13448, and E.O. 13464.2 E.O. 13047 was issued on May 20, 1997, by President Bill Clinton. E.O. 13310, E.O. 13448, and E.O. 13464 were issued by President George W. Bush on July 28, 2003, October 18, 2007, and April 30, 2008, respectively. The E.O.s sanctioning Burma rely on the authority vested in the President by the Constitution and the following laws: • The International Emergency Economic Powers Act of 1997, or IEEPA (P.L. 95-223; 50 U.S.C. 1701 et seq.)—authorizes the President to impose certain types of international trade or financial sanctions to deal with a threat to national security, foreign policy, or economy of the United States; and • The National Emergencies Act, or NEA (P.L. 94-412; 50 U.S.C. 1601 et seq.)—authorizes the President (under certain conditions) to declare a national emergency. To carry out and execute the authority conveyed by the IEEPA, the President must declare a national emergency by invoking the NEA. Invocations of the IEEPA are subject to annual renewal requirements. Section 301 of U.S.C. Title 3, Chapter 35 allows the President to delegate authority (under certain conditions) to other government officials to carry out responsibilities on behalf of the President. In most cases, this has been either the Secretary of State or the Treasury Secretary. President Obama gave official notice to Congress on May 13, 2010, that he was continuing for another year [May 21, 2010—May 20, 2011] the international emergency with respect to Burma, and renewing the provisions of E.O. 13047, E.O. 13310, E.O. 13448, and E.O. 13464 which are still in force. The implementation of the Burma-specific sanctions instituted by the preceding laws and E.O.s, and that have been delegated to the Treasury Secretary, is governed by Part 537 of Title 31 of the 2 These four E.O.s are available online at the National Archives' webpage: http://www.archives.gov/federal-register/ executive-orders/disposition.html. Section 12 of E.O. 13310 has caused some debate over the legal status of some of the provisions of E.O. 13047. Section 12 of E.O. 13310 states: Sections 1 through 7 of Executive Order 13047 are hereby revoked to the extent they are inconsistent with this order. All delegations, rules, regulations, orders, licenses, and other forms of administrative action made, issued, or otherwise taken under Executive Order 13047, not inconsistent with section 3 of this order and not revoked administratively, shall remain in full force and effect under this order until amended, modified, or terminated by proper authority. According to one interpretation, this language revokes sections 1 through 7 of E.O. 13047 in their entirety, and as such they are no longer in effect. According to another interpretation, the provisions of sections 1 through 7 of E.O. 13047 are revoked only if they are inconsistent with the provisions contained in E.O. 13310. This report does not attempt to resolve this legal question, and includes all the provisions of E.O. 13047, including those in sections 1 through 7, because of their legal uncertainty. Congressional Research Service 2 U.S. Sanctions on Burma Code of Federal Regulations (CFR). These Burmese sanction regulations cover the import ban, the prohibition of the provision of financial services, and the prohibition of new investments in Burma. Other portions of the CFR cover some portions of Burmese-specific sanctions. 3 Brief History of U.S. Sanctions on Burma The current U.S. sanctions on Burma are the end result of a general, but uneven decline in U.S. relations with Burma and its military, the Tatmadaw, since World War II. For the most part, the decline is due to what the U.S. government sees as a general disregard by the Burmese military for the human rights and civil liberties of the people of Burma. However, part of the tensions between the Tatamadaw and the United States can be attributed to a failure to address Burma's internal security concerns in the early years after their independence. During World War II, the United States utilized Burma as a base of operations against Japanese forces in China and Southeast Asia, engendering generally cordial relations with Burma's civilian and military leadership. Following the war, the former British colony of Burma became an independent nation, led by a civilian government. The new nation became a member of the United Nations in 1948, was a founding member of the General Agreement on Tariffs and Trade (GATT), and joined the International Monetary Fund (IMF) in 1952—with the full support of the United States. The United States and Burma also established full diplomatic relations. Relations between the two nations began to sour following World War II for various reasons. First, Burma was increasingly frustrated by U.S. reluctance to resolve the status of displaced Kuomintang (KMT) soldiers operating out of northeastern Burma against the newly established People's Republic of China (PRC).4 In 1953, U.S. economic assistance to Burma temporarily ceased in part because of the friction over the KMT soldiers in Burma. Second, Burma's civilian government proved to be unstable, due in part to various insurgency groups operating in the country, and in part due to a 1962 coup d'état staged by the military under the name of the Burmese Socialist Programme Party (BSPP). The new military government chose to foster closer ties to the PRC, a decision that the United States did not like. Third, the military government also demonstrated a general lack of respect for the human rights of its citizens, clamping down on opposition groups calling for a return to civilian rule. Despite the cooling of relations, U.S. policy towards Burma remained relatively normal. The United States also accepted Burma as one of the original beneficiaries of its Generalized System of Preference (GSP) program in 1976. It also granted Burma Most Favored Nation (MFN, now referred to as Normal Trade Relations, or NTR) status, and supported the provision of developmental assistance by international financial institutions. There were also close military to military relations (including a major International Military Education and Training [IMET] program) until 1988. 3 For example, Part 447.52 of Title 27 regulates the arms embargo, while Part 41.21 of Title 21 regulates the visa ban on selected Burmese government officials, military officers, and their immediate family members. 4 When the KMT government collapsed in 1949, a group of about 12,000 KMT soldiers retreated into Burma and continued their military operations against the PRC and its army, the People's Liberation Army (PLA), causing problems in Burma's relationship with the PRC. Burma asked the United States press its ally, the Republic of China, now located in Taiwan, to remove their troops from Burma. Although the United States did raise the issue with the Republic of China starting in 1953, the KMT troops remained in Burma until 1961, when they relocated into Thailand, but continued to move across the border into Burma. Congressional Research Service 3 U.S. Sanctions on Burma The implementing of sanctions on Burma did not begin until after the Tatmadaw brutally suppressed a peaceful, popular protest that has become known as the 8888 Uprising. Starting in the fall of 1987, popular protests against the military government sprang up throughout Burma, reaching a peak in August 1988. On August 8, 1988, the military squashed the protest, killing and injuring an unknown number of protesters. In aftermath of the event, the military regrouped and the State Law and Order Restoration Council (SLORC) assumed power. Three days following the crackdown, the Senate passed S.Res. 464, condemning the killings and mass arrests, supporting a return to democracy in Burma, and calling on the Reagan Administration to raise the issue of human rights and reconciliation with Burmese officials. On September 7, 1988, the House of Representatives passed H.Res. 529 condemning the killing of unarmed protesters, paying tribute to the people of Burma and their struggle for democracy, and calling on the executive branch to review assistance programs in Burma. The Reagan Administration responded on September 23, 1988, by suspending all U.S. aid to Burma, including counternarcotics programs, and stopping all arms sales—starting the gradual progress of sanctions on Burma. After assuming power, SLORC announced that it intended to expedite the return to civilian rule by holding parliamentary elections to form a Pyithu Hluttaw (Union Assembly) on May 27, 1990. On September 27, 1988, SLORC released a new law governing the registration of political parties and on May 31, 1989, it issued a new law governing the upcoming parliamentary election. 5 Although 235 political parties registered for the election, only four parties won more than 10 of the 485 contested seats.6 In a surprise to everyone, the National League for Democracy (NLD), led by Aung San Suu Kyi, received 59.9% of the valid votes and won 382 seats, while SLORC's political party, the National Unity Party, received 21.2% of the vote, but only 10 seats. SLORC and Burma's military were clearly shocked by the election results, and refused to allow the Union Assembly to meet. Instead, the Burmese military arrested and detained many of the opposition leaders, including Aung San Suu Kyi. Protests, led by Buddhist monks and university students, were brutally suppressed. SLORC declared martial law. Congress responded to the post-election crackdown by including Burmese sanction language in the Customs and Trade Act of 1990 (P.L. 101-382), which it passed on August 20, 1990. Section 138 of the law granted the President the authority to impose "such economic sanctions upon Burma as the President determines to be appropriate, including any sanctions appropriate under the Narcotics Control Trade Act of 1986." A version of the act which passed the Senate by a vote of 92-0 would have prohibited all imports from Burma. 5 There is some controversy over the intent of the election. According to Burma's 1974 constitution, the Union Assembly was the "highest organ of state power." In addition, SLORC repeatedly stated that the May 1990 election was to be a "multiparty democratic general election." As a result, many observers assumed that the newly elected Union Assembly would assume power. However, after the election, SLORC issued a statement on July 27, 1990, indicating that the purpose of the May 1990 election was to create a constitutional convention, and not the transfer of power to a civilian government. 6 These were the National League for Democracy with 392 seats, the Shan Nationalities League for Democracy with 23 seats, the Arakan League for Democracy with 11 seats, and the National Unity Party with 10 seats. Of the 235 registered political parties, only 93 fielded candidates. Congressional Research Service 4 U.S. Sanctions on Burma Prior to the passage of Customs and Trade Act of 1990, the Bush Administration had suspended Burma's eligibility for the Generalized System of Preferences (GSP) program on April 13, 1989.7 President Bush also designated Burma as a drug-producing and/or drug-trafficking country under the Foreign Assistance Act of 1961 on February 28, 1990, which required the United States to oppose loans to Burma by international financial institutions. 8 After the passage of Customs and Trade Act of 1990, the Bush Administration invoked the law's authority on August 5, 1991, and refused to renew the Bilateral Textile Agreement with Burma, which had lapsed on December 31, 1990.9 During the 1990s, Congress considered a number of bills and resolutions calling for additional sanctions on Burma. Most of those measures failed to emerge from committee, with a few notable exceptions. On April 30, 1994, Congress passed the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103-236) which amended the Foreign Assistance Act of 1961 and withheld a portion of U.S. contributions to international organizations with programs for Burma, including the United Nations Development Program (UNDP), but excluding IAEA and UNICEF. In July 1995, the Free Burma Act of 1995 (S. 1092) was introduced, which would have placed a broad range of sanctions on Burma, including a ban on U.S. investment and assistance, the suspension of GSP privileges and normal trade relations, the prohibition of all imports of Burmese goods, travel restrictions to and from Burma, and U.S. opposition to all multilateral assistance. According to some scholars, the severity of the sanctions in this bill was sufficient to persuade SLORC to release Aung San Suu Kyi from house arrest on July 10, 1995. Even after the release of Aung San Suu Kyi, Congress approved new sanctions on Burma in section 570 of the Omnibus Consolidated Appropriations Act, 1997 (P.L. 104-208), including a cessation of all non- humanitarian assistance, a ban on the issuance of entry visas for Burmese government officials, and instructions for U.S. representatives for international financial institutions to vote against loans or funding to Burma. In addition, the law required the President to prohibit new investments in Burma by U.S. persons. On May 20, 1997, President Bill Clinton released E.O. 13047 banning all new investments in Burma. Since 2000, additional bills and resolutions have been introduced in Congress seeking to apply more sanctions on Burma. In October 2000, identical bills were introduced in the House and the Senate (H.R. 5603 and S. 3246) that would have banned all textile and apparel imports from Burma. In the spring of 2001, similar bills (H.R. 2211 and S. 926) were introduced that would have "prohibited the importation of any article that is produced, manufactured, or grown in Burma." However, Congress did not pass any new sanction legislation until after the spring 2003 crackdown on opposition parties (which included the detention of Aung San Suu Kyi and other opposition leaders), when it approved the Burmese Freedom and Democracy Act of 2003 (P.L. 108-61). Similarly, Congress did not pass the 2008 JADE Act until the SPDC crushed a nationwide protest initiated by Buddhist monks in the autumn of 2007—the so-called "Saffron Revolution." After the protests had been quashed, the SPDC arrested and imprisoned many of the leaders and defrocked and relocated a number of the Buddhist monks involved in the protests. 7 "Memorandum on Amendments to the Generalized System of Preferences," Office of the President, April 13, 1989. 8 "Presidential Determination No. 90–12—Memorandum on Narcotics Control Certification," Office of the President, February 28, 1990. 9 The United States and Burma had a bilateral textile agreement covering selected articles of apparel from January 1, 1987, to December 31, 1990. Congressional Research Service 5 U.S. Sanctions on Burma The Bush Administration did not take significant action on Burma until after the attacks on the Burmese opposition in the spring of 2003 and the passage of the Burmese Freedom and Democracy Act of 2003 (BFDA). Using authority granted by the BFDA and other laws (see "Summary of Burma-Specific Sanctions"), President George W. Bush issued E.O. 13310, E.O. 13448, and E.O. 13464 on July 28, 2003, October 18, 2007, and April 30, 2008, respectively. Since assuming office, President Barack Obama's actions regarding Burmese sanctions have been limited to renewing the international emergency with respect to Burma, thereby extending the sanctions under E.O. 13047, E.O. 13310, E.O. 13448, and E.O. 13464. There are some distinct patterns in the history of U.S. relations with Burma. First, despite the general decline in relations following World War II, the imposition of sanctions did not begin until after the suppression of the 8888 Uprising in 1988. Second, subsequent U.S. sanctions have generally been imposed after Burma's military has severely violated the human rights and civil liberties of its political opponents and/or the Burmese people. Third, Congress has been more proactive in pushing for sanctions on Burma than the White House. Fourth, it is unclear if the imposition of sanctions has had a demonstrable effect on the SPDC or its predecessors. Fifth, it is equally unclear if the absence of U.S. sanctions on Burma would have led to an improvement in the political situation in Burma. Summary of Burma-Specific Sanctions The existing U.S. sanctions specifically targeted at Burma can be generally divided into several broad categories. First, there are bans on issuing visas to certain Burmese government officials (particularly the leadership of the State Peace and Development Council [SDPC] and the Union Solidarity Development Association [USDA]), members of their families, and their business associates. Second, there are restrictions on the provision of financial services to certain Burmese government officials, members of their families, and their business associates. Third, certain assets of selected individuals held by U.S. entities have been "frozen." Fourth, there is a general prohibition on the import of goods of Burmese origin. Fifth, there is a prohibition on the import of certain types of goods and goods from certain companies. Sixth, there is a ban on new U.S. investments in Burma, including investments in third country companies. Seventh, there are restrictions on the provision of bilateral and multilateral assistance to Burma. Some of the types of sanctions are included in more than one of the laws or E.O.s listed above, with at times apparently overlapping provisions. In addition, depending on the specific provisions of the laws or E.O.s, the sanctions may be subject to differing presidential waiver provisions, renewal or extension conditions, reporting requirements, etc. A summary of the various provisions in the laws or E.O.s for each type of sanction follows in tabular form. Visa Bans There are three laws that include restrictions on the issuance of visas to certain Burmese nationals: Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997; the 2003 BFDA; and the 2008 JADE Act. The nature and scope of the visa restrictions differ in each law. In addition, although there is no language in the 2008 JADE Act indicating that it supersedes the prior visa restrictions, a representative of the State Department indicated that their current interpretation is that 2003 BFDA provisions are no longer in force. Congressional Research Service 6 U.S. Sanctions on Burma Table 1.Visa Bans Section 570 2003 BFDA 2008 JADE Act Main No entry visas for "any President is authorized to Certain categories of people are Provisions Burmese government deny visas and entry to ineligible for U.S. visa: former and official" former and present present leaders of the SPDC, leadership of the SPDC and USDA, or the Burmese military; the USDA officials of the SPDC, USDA, or Burmese military that are "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 ... "; persons providing substantial economic and political support for the SPDC, the USDA, or the Burmese military; and the immediate family members of any of the preceding people Conditions or As required by treaty Secretary of State shall Shall not be construed to conflict Exceptions obligations or to staff of coordinate list of banned with visa eligibility provisions in Burmese mission in the individuals on a biannual P.L. 110-161 for ethnic groups in United States basis with representative of Burma who were forced to the European Union (EU) provide labor or support for Burmese military; Secretary of State may authorize exceptions to permit the operation of diplomatic missions, to conduct official government business in Burma, to permit U.S. citizens to visit Burma, and permit compliance with international agreements Waiver Temporary or permanent None specified Presidential waiver allowed only if Provisions Presidential waiver if he determines and certifies in sanctions are "contrary to writing to Congress that it is "in the national security the national interests of the interests of the United United States" States" Termination, "Until such time as the The President may Until the President determines Duration or President determines and terminate "upon request of and certifies "to the appropriate Renewal certifies to Congress that a democratically elected congressional committees that the Conditions Burma has made measurable government in Burma" and SPCD has: released all political and substantial progress in when conditions in Section prisoners; entered into "a improving human rights (3)(a)(3)—progress on substantial dialogue with practices and implementing human rights, release of all democratic forces led by the democratic government" political prisoners, freedom National League for Democracy of speech and the press, and the ethnic minorities of Burma freedom of association, on transitioning to democratic peaceful exercise of religion, government under the rule of democratic governance, not law"; and allowed humanitarian designated as "a country of access to people in areas of armed interest" for narcotics conflict in Burma trafficking—have been met Congressional Research Service 7 U.S. Sanctions on Burma Section 570 2003 BFDA 2008 JADE Act Report or Every six months after the List of banned individuals to No later than 120 days after Publication enactment of the act, the be posted on Department of enactment [November 26, 2008] Requirements President shall report to the State's webpagea the President shall transmit to the Chairmen of the Committee appropriate congressional on Foreign Relations, the committees a list of sanctioned Committee on International officials; updated sanctioned Relations [Foreign Affairs] officials lists shall be provided to and the House and Senate the appropriate congressional Appropriations Committees committees "as new information on: progress towards becomes available" democratization in Burma; progress on improving the quality of life of the Burmese people; and progress made in developing a multilateral strategy towards Burma a. According to the State Department, this reporting requirement is no longer in effect. Also, the State Department asserts that visa application information is strictly confidential, making it illegal to post the list on its webpage. Restrictions on Financial Services Restrictions on the provision of certain types of financial services to Burma from the United States or by a "United States person"10 are in E.O. 13047, E.O. 13310, and the 2008 JADE Act. The 2008 JADE Act also allows the Secretary of Treasury to place restrictions on the use of correspondent or payable-through accounts in U.S. financial institutions, but the Secretary has not exercised this option. 10 By the definitions included in both E.O.'s and the 2008 JADE Act, a "United States person" includes a U.S. citizen, permanent resident alien, entity organized under U.S. law, or any person in the United States. Congressional Research Service 8 U.S. Sanctions on Burma Table 2. Restrictions on Financial Services E.O. 13047 E.O. 13310 2008 JADE Act Main Prohibits the "approval or Prohibits the export or No United States person may Provisions other facilitation by a United reexport, directly or engage in a financial transaction States person, wherever indirectly, of financial with the SPDC or with a person located, of a transaction by a services to Burma either ineligible for a U.S. visa under the foreign person where the from the United States or provisions of this act (see Table transaction would constitute by a "United States person, 1); prohibited financial a new investment in Burma wherever located"; and transactions include: payments or prohibited by this order if "approval, financing, transfers of property, transactions engaged in by a United facilitation, or guarantee by involving the transfer of anything States person or within the a United States person, of economic value; Secretary of United States"; and "any wherever located, of a the Treasury may prohibit or transaction by a United transaction by a foreign impose conditions on the opening States person or within the person where the or maintaining of a correspondent United States that evades or transaction by that foreign or payable-through account by any avoids, or has the purpose person would be prohibited financial institution organized of evading or avoiding, or by this order if performed under U.S. law if the Secretary attempts to violate, any of by a United States person or determines the account might be the prohibitions set forth in within the United States" used by a foreign banking this order" institution holding property for the SPDC or with a person ineligible for a U.S. visa under the provisions of this act or to conduct a transaction on their behalf Conditions or Provisions do not prohibit Exceptions as provided in Exceptions for transactions Exceptions the entry into, performance section 203(b) of IEEPA (50 authorized under E.O. 13047 and of, or financing of a contract U.S.C. 1702(b)); revokes E.O. 13310; restrictions do not to sell or purchase goods, provisions in E.O. 13047 "to apply to contracts or other services, or technology, the extent that they are financial transactions for except new contracts for inconsistent with this order" nongovernmental humanitarian the development of organizations in Burma; Secretary resources in Burma of the Treasury may authorize providing payment for the exceptions to permit the supervision or guarantee of operation of diplomatic missions, another person's to conduct official government performance, payment for business in Burma, to permit U.S. shares, equity interest, citizens to visit Burma, and permit royalties, earnings, and compliance with international profits agreements; Secretary of the Treasury must consult with Secretary of State, Attorney General and the Chairman of the Federal Reserve's Board of Governors prior to invoking option to prohibit or impose conditions on correspondent or payable-through accounts Waiver None specified None specified Presidential waiver allowed only if Provisions he determines and certifies to the appropriate congressional committees that it is "in the national interests of the United States" Congressional Research Service 9 U.S. Sanctions on Burma E.O. 13047 E.O. 13310 2008 JADE Act Termination, None specified None specified Until the President determines Duration or and certifies "to the appropriate Renewal congressional committees that the Conditions SPDC has: released all political prisoners; entered into "a substantial dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law"; and allowed humanitarian access to people in areas of armed conflict in Burma Report or None specified None specified No later than 120 days after Publication enactment [November 26, 2008] Requirements the President shall transmit to the appropriate congressional committees a list of sanctioned officials; updated sanctioned officials lists shall be provided to the appropriate congressional committees "as new information becomes available" "Frozen Assets" The "freezing" of assets of sanctioned Burmese officials is included in three executive orders— E.O. 13310, E.O. 13448, and E.O. 13464—as well as the 2003 BFDA and the 2008 JADE Act. Each of the successive executive orders broadened the list of Burmese persons and entities subjected to the asset freeze. The 2008 JADE Act directly tied the list of sanctioned persons to the visa ban list. Congressional Research Service 10 Table 3. "Frozen Assets" 2003 BFDA E.O. 13310 E.O. 13448 E.O. 13464 2008 JADE Act Main Provisions Requires U.S. financial Blocks the transfer, Blocks the transfer, Blocks the transfer, No property or interest in institutions to freeze the payment, export, or payment, export, or payment, export, or property of persons funds and assets belonging withdrawal of all property withdrawal of all property withdrawal of all property ineligible for a U.S. visa to the SPDC, the senior and interests in property of and interests in property of and interests in property of under the provisions of this officials of the SPDC or the sanctions persons if said sanctioned persons if said sanctioned persons if said act (see Table 1) may be USDA; requires the property is in or comes into property is in or comes into property is in or comes into transferred, paid, exported, President to promulgate the United States, or the the United States, or said the United States, or said or withdrawn if: the regulations no later than 60 property is or comes within property or interests in property or interests in property is located in the days after enactment the possession or control of property are or come property are or come United States; within the [September 26, 2003] for U.S. persons; sanctioned within the possession or within the possession or possession or control of a the enforcement of this act; persons include persons control of U.S. persons; control of U.S. persons; U.S. person (including U.S. financial institutions listed in Annex of the order, sanctioned persons include sanctioned persons include overseas branch of a U.S. shall report frozen funds or or "any person determined persons listed in Annex of persons listed in Annex of person); or the property assets to the Office of by the Secretary of the order, or "any person the order, or "any person comes into the possession Foreign Assets Control Treasury, in consultation determined by the Secretary determined by the Secretary or control of a U.S. person with the Secretary of State, of the Treasury, in of the Treasury, in after the date of enactment to be: a senior official of the consultation with the consultation with the of this act SPDC, USDA, or a Secretary of State," to be: a Secretary of State, to be: successor entity"; or senior official of the SPDC, owned or controlled by, "owned or controlled by, or USDA, or a successor directly or indirectly, the acting or purporting to act entity; "responsible for, or Government of Burma, or for on the behalf of, directly to have participated in, official(s) of the or indirectly, any person human rights abuses in Government of Burma; to whose property and Burma; engaged in, or have have provided financial, interests are blocked engaged in activities material, logistical, or pursuant to this order" facilitating public corruption technical support for the by senior officials of the Government of Burma, the Government of Burma"; SPDC, the USDA, or providing financial, material, successor entities, or senior logistical, or technical officials of the foregoing; support for the acting on behalf of a person Government of Burma, the whose property is blocked SPDC, the USDA, or by E.O. 13310, E.O. 13448, successor entities, or senior or E.O. 13464 officials of the foregoing; acting on behalf of a sanctioned person; or spouse or dependent child of sanctioned person CRS-11 2003 BFDA E.O. 13310 E.O. 13448 E.O. 13464 2008 JADE Act Conditions or Provides "additional Exceptions as provided Government of Burma Government of Burma Restrictions do not apply to Exceptions authority" to the President under section 203(b)(1), (3), includes its agencies, includes its agencies, contracts or other financial to take action "as may be and (4) of IEEPA; using instrumentalities, and instrumentalities, and transactions for necessary to impose a authority under IEEPA, controlled entities, and the controlled entities, and the nongovernmental sanctions regime to freeze prohibits the donation of Central Bank of Burma; Central Bank of Burma; humanitarian organizations such funds and assets"; blocked property "intended using authority under IEEPA, using authority under IEEPA, in Burma; Secretary of the allows the President to to be used to relieve human prohibits the donation of prohibits the donation of Treasury may authorize delegate the duties and suffering" blocked property "intended blocked property "intended exceptions to permit the authorities to Federal or to be used to relieve human to be used to relieve human operation of diplomatic other officials suffering" suffering" missions, to conduct official government business in Burma, to permit U.S. citizens to visit Burma, and permit compliance with international agreements Waiver None specified None specified None specified None specified Presidential waiver allowed Provisions only if he determines and certifies to the appropriate congressional committees that it is "in the national interests of the United States" Termination, President may terminate None specified None specified None specified Until the President Duration or "upon request of a determines and certifies "to Renewal democratically elected the appropriate Conditions government in Burma" and congressional committees when conditions in Section that the SPCD has: released (3)(a)(3)—progress on all political prisoners; human rights, release of all entered into "a substantial political prisoners, freedom dialogue with democratic of speech and the press, forces led by the National freedom of association, League for Democracy and peaceful exercise of religion, the ethnic minorities of democratic governance, not Burma on transitioning to designated as "a country of democratic government interest" for narcotics under the rule of law"; and trafficking—have been met allowed humanitarian access to people in areas of armed conflict in Burma CRS-12 2003 BFDA E.O. 13310 E.O. 13448 E.O. 13464 2008 JADE Act Report or None specified None specified None specified None specified No later than 120 days after Publication enactment [November 26, Requirements 2008] the President shall transmit to the appropriate congressional committees a list of sanctioned officials; updated sanctioned officials lists shall be provided to the appropriate congressional committees "as new information becomes available" Source: CRS research CRS-13 U.S. Sanctions on Burma General Import Restrictions Restrictions on the import of goods of Burmese origin in general are included in two laws— Section 138 of the Customs and Trade Act of 1990 and the 2003 BFDA—and one executive order, E.O. 13310. While the two laws ban the import of Burmese products, the executive order provides a waiver to comply with existing international obligations of the United States. Congressional Research Service 14 Table 4. General Import Restrictions Section 138 2003 BFDA E.O. 13310 Main Provisions "[T]he President shall impose such sanctions "[U]ntil such time as the President determines Waives the ban on the importation of products upon Burma as the President determines to be and certifies to Congress that Burma has met the of Burma if the prohibition "would conflict with appropriate, including any sanctions appropriate conditions described in paragraph (3), beginning the international obligations of the United States under the Narcotics Control Act of 1986," 30 days after the enactment of this Act, the under the Vienna Convention on Diplomatic unless he certifies to Congress prior to October President shall ban the importation of any article Relations, the Vienna Convention on Consular 1, 1990, that Burma has all the conditions listed that is a product of Burma" Relations, the United Nations Headquarters in subsection (b) of the act; "the President shall Agreement, and other legal instruments providing give primary consideration to the imposition of equivalent privileges and immunities" sanctions on those products which constitute major imports from Burma, including fish, tropical lumber, and aquatic animals" Conditions or The President may decide not to impose Conditions of paragraph (3) are: the SPDC has None specified Exceptions sanctions if Burma has met the conditions in made "substantial and measurable progress" to subsection (b): Burma meets the certification end human rights violations; the Secretary of requirements of section 802(b) of the Narcotics State reports to the appropriate congressional Control Act of 1986; national government legal committees that 'the SPDC no longer authority in Burma has been transferred to a systematically violates workers rights'"; the civilian government; martial law in Burma has SPDC has made "substantial and measurable been lifted; and all political prisoners have been progress" to a democratic government, including released the release of all political prisoners, allowing freedom of speech, the press, and association, permitting the peaceful exercise of religion, and concluding an agreement between the SPDC, the NLD, and Burma's ethnic minorities to transfer power to a democratically elected civilian government; and Burma has not been designated as a country that "has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements" Waiver None specified The President may waive the import ban, in part None specified Provisions or full, if he determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [Foreign Affairs], and Ways and Means of the House of Representatives that to do so is in the national interest of the United States CRS-15 Section 138 2003 BFDA E.O. 13310 Termination, None specified The President may terminate "upon request of a None specified Duration or democratically elected government in Burma" Renewal and when conditions in Section (3)(a)(3)— Conditions progress on human rights, release of all political prisoners, freedom of speech and the press, freedom of association, peaceful exercise of religion, democratic governance, not designated as "a country of interest" for narcotics trafficking—have been met; import ban expires one year from the date of enactment unless Congress passes a resolution renewing the ban for a one-year period before the expiration of the ban; length of renewal limited to three years Report or If the President does not impose economic No later than 90 days before the import None specified Publication sanctions, he must report to Congress his restrictions are to expire, the Secretary of State, Requirements reasons for not imposing sanctions, and the in consultation with the U.S. Trade actions he is taking to see that the conditions in Representative and "the heads of appropriate subsection (b) are being achieved; subsequent agencies," shall submit to the Committees on semiannual reports to Congress are required for Appropriations, Finance, and Foreign Relations of two additional years, if no economic sanctions the Senate and the Committees on are imposed Appropriations, International Relations [Foreign Affairs], and Ways and Means of the House of Representatives a report on bilateral and multilateral efforts to promote human rights and democracy in Burma, the effectiveness of the trade sanctions on improving conditions in Burma and furthering U.S. policy objections towards Burma, and the impact of the trade sanctions on national security, economic, and foreign policy interests of the United States Source: CRS research CRS-16 U.S. Sanctions on Burma Specific Import Restrictions Both the 2003 BFDA and the 2008 JADE Act contain specific import restrictions in addition to the general prohibition on the import of products described above. The 2003 BFDA bans import of products and services from certain companies. The 2008 JADE Act prohibits the importation of certain products. Table 5. Specific Import Restrictions 2003 BFDA 2008 JADE Act Main Bans the import of products from the SPDC, Amends the 2003 BDFA to prohibit the import Provisions any ministry of the SPDC, a member of the of "Burmese covered articles," which includes: SPDC, an immediate family member of the jadeite mined or extracted in Burma; rubies SPDC; known narcotics traffickers from Burma mined or extracted in Burma; articles of or their immediate families; the Union of jewelry containing jadeite or rubies mined or Myanmar Economics Holdings Incorporated extracted in Burma starting 60 days after the (UMEHI) or any company in which the UMEHI enactment of the act [September 27, 2008]; has a fiduciary interest; the Myanmar Economic establishes requirements for the import of Corporation (MEC) or any company in which "non-Burmese covered articles" the MEC has a fiduciary interest, the USDA; or any successor entity for the SPDC, UMEHI, MEC, or USDA Conditions or None specified Excludes articles that were previously exported Exceptions from the United States and then reimported into the United States by the same person without improvement in its value or condition while outside the United States; allows the import of non-Burmese covered articles for personal use; also see column on 2003 BFDA of Table 4 Waiver None specified See column on 2003 BFDA of Table 4 Provisions Termination, None specified Amends duration conditions of 2003 BFDA to Duration or include covered articles (see Table 4) Renewal Conditions Congressional Research Service 17 U.S. Sanctions on Burma 2003 BFDA 2008 JADE Act Report or None specified Not later than 180 days after enactment Publication [January 25, 2009], the President shall transmit Requirements to the Committees on Foreign Affairs and Ways and Means of the House of Representatives, and the Committees on Finance and Foreign Relations in the Senate, actions taken during the 60 days after enactment of the act to obtain draft waiver decision from the World Trade Organization, an adoption of a U.N. General Assembly resolution, and the negotiation of an international identification system for covered articles like the Kimberley Process Certification Scheme for diamonds; not later than 14 months [September 29, 2009] after enactment, the U.S. Comptroller General shall submit to the Committees on Foreign Affairs and Ways and Means of the House of Representatives, and the Committees on Finance and Foreign Relations in the Senate, a report on the effectiveness of the implementation of these sanctions Source: CRS research Investment Ban The ban on new investments in Burma is in Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, and E.O. 13047, with the law providing the presidential authority and the E.O. exercising that authority. Table 6. Investment Ban Section 570 E.O. 13047 Main Authorizes the President to prohibit new Prohibits new investments in Burma Provisions investments in Burma Conditions or Requires the President prohibit new "Except to the extent provided in regulations, Exceptions investments in Burma if he "determines and orders, directives, or licenses that may be certifies to Congress that, after the enactment issued in conformity with section 570" of the of the Act, the Government of Burma has Foreign Operations, Export Financing, and physically harmed, rearrested for political acts, Related Programs Appropriations Act of 1997 or exiled Aung San Suu Kyi or has committed (P.L. 104-208) large-scale repression of or violence again the Democratic opposition" Waiver Temporary or permanent Presidential waiver if None specified Provisions sanctions are "contrary to the national security interests of the United States" Termination, None specified None specified Duration or Renewal Conditions Congressional Research Service 18 U.S. Sanctions on Burma Section 570 E.O. 13047 Report or Every six months after the enactment of the None specified Publication act, the President shall report to the Chairmen Requirements of the Committee on Foreign Relations, the Committee on International Relations [Foreign Affairs] and the House and Senate Appropriations Committees on: progress towards democratization in Burma; progress on improving the quality of life of the Burmese people; and progress made in developing a multilateral strategy towards Burma Source: CRS research Bilateral and Multilateral Assistance Ban Restrictions on bilateral assistance to Burma are in Section 307 of the Foreign Assistance Act of 1961, and Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. Table 7. Bilateral and Multilateral Assistance Ban Section 307 Section 570 Main Withholds U.S. funding for international Ban on bilateral assistance to Burma other Provisions organizations with programs in Burma, except than: humanitarian assistance; counter- for the International Atomic Energy Agency narcotics or crop substitution assistance (if (IAEA) or the United Nations Children's Fund the Secretary of State certifies to the (UNICEF). appropriate congressional committees that Burma is "fully cooperating" with U.S. counter-narcotics efforts, and the programs are consistent with U.S. human rights concerns in Burma, and serve U.S. national interest); and assistance promoting human rights and democratic values Conditions or None specified As required by treaty obligations or to staff of Exceptions Burmese mission in the United States Waiver None specified Temporary or permanent Presidential waiver Provisions if sanctions are "contrary to the national security interests of the United States" Termination, None specified "Until such time as the President determines Duration or and certifies to Congress that Burma has Renewal made measurable and substantial progress in Conditions improving human rights practices and implementing democratic government" Congressional Research Service 19 U.S. Sanctions on Burma Section 307 Section 570 Report or Annual review by the Secretary of State Every six months after the enactment of the Publication reported to the appropriate committees act, the President shall report to the Requirements (House Committee on Foreign Affairs and Chairmen of the Committee on Foreign Senate Committee on Foreign Relations) of Relations, the Committee on International the "budgets and accounts of all international Relations [Foreign Affairs] and the House and organizations receiving payments of any funds Senate Appropriations Committees on: authorized to be appropriated by this progress towards democratization in Burma; chapter" [Chapter 3—International progress on improving the quality of life of Organizations and Programs], including the the Burmese people; and progress made in amounts expended for programs in Burma developing a multilateral strategy towards and U.S. contributions to the organizations Burma Source: CRS research Additional Sanctions Based on Functional Issues11 In addition to the targeted sanctions, Burma is currently subject to certain sanctions specified in U.S. laws based on various functional issues. In many cases, the type of assistance or relations restricted or prohibited by these provisions are also addressed under Burma-specific sanction laws. The functional issues include: • Child Soldiers: As of October 1, 2010, Burma is prohibited from receiving certain types of foreign assistance under the provisions of the Child Soldiers Preventions Act of 2008 (Title IV of P.L. 110-457) because of its designation as a foreign government that hosts governmental armed forces or supports armed groups that recruit and use child soldiers.12 As a result, Burma is ineligible to receive aid under International Military Education and Training (IMET), the Foreign Military Financing (FMF), and section 1206 assistance, as well as excess defense articles and the issuance of licenses for direct commercial sales of military equipment.13 • Drug Trafficking: Burma is prohibited from receiving certain types of foreign assistance, as well as other types of foreign policy provisions, because of its designation by the President as a major illicit drug producing and/or drug-transit country under section 490 of the Foreign Assistance Act of 1961 (FAA, 87-195, 11 This section based on text provided by Liana Sun Wyler, Analyst in International Crime and Narcotics. 12 Child soldiers are statutorily defined in Sec. 402 of the Child Soldiers Prevention Act of 2008 as "(i) any person under 18 years of age who has taken direct part in hostilities as a member of governmental armed forces; (ii) any person under 18 years of age who has been compulsorily recruited into governmental armed forces; (iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces; and (iv) any person under 18 years of age who has been recruited or used in hostilities by armed forces distinct from the armed forces of a state." The definition includes any of the above serving in "any capacity, including in a support role as a cook, porter, messenger, medic, guard, or sex slave." 13 The list of countries subject to sanction under the Child Soldiers Prevention Act of 2008 is required to be published in the State Department's annual TIP report. The first list under this provision was published in the June 2010 edition of the TIP report. On October 25, 2010, President Obama issued a Presidential Memorandum (Presidential Determination No. 2011-4) granting a waiver for Chad, the Democratic Republic of the Congo, Sudan, and Yemen— but not for Burma. Congressional Research Service 20 U.S. Sanctions on Burma as amended) and section 706 of Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, as amended). 14 • Human Trafficking: Burma is prohibited from receiving nonhumanitarian and nontrade-related foreign assistance because of its designation by the President as a "Tier 3" country in the 2010 Trafficking in Persons (TIP) Report. Tier 3 countries are statutorily defined in the Victims of Trafficking and Violence Protection Act of 2000 (TVPA, P.L. 106-386, as amended) as noncompliant with the minimum standards for the elimination of TIP and not making significant efforts to bring themselves into compliance with such standards. On September 14, 2009, President Obama granted Burma a partial waiver of the aid sanctions of the TVPA, allowing assistance for controlling infectious diseases as it would be in the national interest of the United States.15 • Money Laundering and Organized Crime: Burma's Mayflower Bank and Asia Wealth Bank, and the jurisdiction of Burma as a whole, including its state-run banks, are designated as "primary money laundering jurisdictions of concern" under Section 311 of the USA PATRIOT Act (P.L. 107-56, as amended) for the country's absence of money laundering regulations, weak oversight of the banking sector, and private bank connections to account holders involved in organized crime, particularly drug trafficking. Under this provision, the Treasury Department imposed a "special measure" to prohibit certain U.S. financial institutions from establishing, maintaining, administering, or managing correspondent or payable-through accounts for, or on behalf of, Myanmar Mayflower Bank, Asia Wealth Bank, and any other Burmese banking institution. This prohibition extends to correspondent or payable-through accounts 14 Section 481 of the Foreign Assistance Act of 1961 stipulates that U.S. assistance subject to sanction includes any assistance under the Foreign Assistance Act of 1961, including programs under Title IV of Chapter 2, relating to the Overseas Private Investment Corporation, other than: assistance provided under the International Narcotics Control chapter (Chapter 8) of Part I of the Foreign Assistance Act of 1961, which includes all International Narcotics Control and Law Enforcement (INCLE) aid account funds; any other narcotics-related assistance in Part I of the Foreign Assistance Act of 1961, as well as in Chapter 4 of Part II of the Foreign Assistance Act of 1961, which includes the Economic Support Fund (ESF) aid account; disaster relief assistance, including any assistance under the International Disaster Assistance chapter (Chapter 9) of Part I of the Foreign Assistance Act of 1961; assistance that involves the provision of food, including monetization of food, or medicine; and assistance for refugees. Additionally, U.S. assistance subject to sanction under the same provision includes sales, or financing on any terms, under the Arms Export Control Act; the provision of agricultural commodities, other than food, under the Food for Peace Act; and financing under the Export-Import Bank Act of 1945. In certain cases, the performance determinations of drug majors can affect other types of U.S. foreign policy provisions, including foreign country beneficiary status for trade preferences, the transfer of forfeited property and assets to foreign countries, credit sales of defense articles and services, and special debt relief to low income countries. 15 Section 110 of the TVPA defines excluded assistance as: assistance under Chapter 4 of Part II of the FAA in support of nongovernmental organization (NGO) programs that is made available for programs, projects, or activities eligible for assistance under Chapter 1 of Part I of the FAA; assistance for international narcotics control under Chapter 8 of Part I of the FAA; any other narcotics-related assistance under Part I of the FAA or under Chapter 4 or 5 Part II of the FAA; disaster relief assistance, including any assistance under Chapter 9 of Part I of the FAA; antiterrorism assistance under Chapter 8 of Part II of the FAA; assistance for refugees; humanitarian and other development assistance in support of NGO programs under Chapters 1 and 10 of the FAA; programs under Title IV of Chapter 2 of Part I of the FAA relating to the Overseas Private Investment Corporation; other programs involving trade-related or humanitarian assistance; and sales, or financing on any terms, under the Arms Export Control Act, other than sales or financing provided for narcotics-related purposes. Congressional Research Service 21 U.S. Sanctions on Burma maintained for other foreign banks when such accounts are used to provide banking services to Burmese banks indirectly.16 • Religious Freedom: The International Religious Freedom Act (IRFA, P.L. 105- 292, as amended) requires that the President conduct an annual review of the status of religious freedom in other nations, and authorizes the imposition of various types of sanctions on nations that seriously violate religious freedom. 17 Burma has been designated a "country of particular concern for religious freedom" pursuant to this act since 1999.18 Burma was most recently re- designated in 2009.19 As the sanctioning action imposed on Burma pursuant to IRFA and currently in effect, the Secretary of State has elected to continue the existing arms embargo against Burma.20 • Workers Rights: The Trade Reform Act of 1974 (P.L. 93-618, as amended) grants the President the authority to withdraw preferential trade treatment under the U.S. generalized system of preferences (GSP) program if a country "has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country." On April 13, 1989, President George Bush issued Presidential Proclamation 5955 suspending Burma's preferential treatment under the GSP program, invoking his authority under the Trade Reform Act of 1974. • World Peace and the Security and Foreign Policy of the United States: The President has the authority under the Arms Export Control Act of 1976 (P.L. 94- 329) to prohibit all arms exports to a country "in furtherance of world peace and the security and foreign policy of the United States." On September 23, 1988, President Reagan invoked his powers under this law to impose an arms embargo on Burma. In addition, on June 9, 1993, the State Department issued a public notice implementing an immediate ban on export of defense articles and services to Burma.21 The U.S. arms embargo on Burma remains in effect. 16 In the Federal Register notice regarding the application of Section 311 Special Measures on Burma, the Treasury Department provides the following explanation regarding how this sanction will differ from those already imposed on Burma: "The imposition of Section 311 special measures reinforces the existing restrictions on transactions with Burma that are outlined above. Although they are similar in their effect, the Section 311 special measures differ in certain respects and serve distinct policy goals. First, the Section 311 special measures are potentially broader than the existing sanctions in at least one respect—they apply to all foreign branches of Burmese banking institutions. Second, the purposes served by the Section 311 action differ markedly from the purposes of the economic sanctions described above. This action under Section 311 is premised on the Secretary's determination that Burma poses an unacceptable risk of money laundering and other financial crimes, due to its failure to implement an effective anti-money laundering regime. The goals of this action include protecting the U.S. financial system and encouraging Burma to make the necessary changes to its anti-money laundering regime. The existing sanctions pursuant to Executive Order 13310, on the other hand, were imposed for different reasons, in particular to take additional steps with respect to the government of Burma's continued repression of the democratic opposition." See U.S. Department of Treasury, "Imposition of Special Measures Against Burma: Final Rule," Federal Register, Vol. 69, No. 70, April 12, 2004, p. 19093. 17 These functions were delegated to the Secretary of State in "Delegation of Responsibilities Under the International Religious Freedom Act of 1998," Federal Register, Vol. 64, No. 168, August 31, 1999. 18 "Designation of Countries of Particular Concern Under The International Religious Freedom Act," Federal Register, Vol. 64, No. 212, November 3, 1999. 19 "Secretary of State's Determination Under the International Religious Freedom Act of 1998," Federal Register, Vol. 74, No. 89, May 11, 2009. 20 The existing arms embargo is referenced in 22 CFR 126.1(a). 21 Department of State, "Suspension of Munitions Export Licenses to Burma," 58 Federal Register 33293, June 16, 1993. Congressional Research Service 22 U.S. Sanctions on Burma Additional Sanctions Previously Proposed Over the last 20 years, Members of Congress have proposed, and at time considered, additional sanctions on Burma. Some of those proposed sanctions would go beyond the current sanctions regime. Others would fall under broader sanctions already enacted. The notion of a complete ban on the importation of products of Burmese origin first appeared in legislation in the Senate version of Customs and Trade Act of 1990 (see above). It reappeared in proposed legislation in 1995, when S. 1092 was introduced during the 104th Congress. S. 1092 would have prohibited the importation of any article "produced, manufactured, grown, or extracted in Burma." As early as June 1989, legislation was introduced in Congress to prohibit the import of selected Burmese products. Initially, these proposed import bans were directed at products of Burmese origin. For example, in the 101st Congress, H.R. 2578 would have blocked the importation of teak and fish products from Burma. In the 106th Congress, H.R. 5603 and S. 3246 were introduced, proposing a ban on the importation of all textile and apparel products from Burma.22 Later on, the proposed import bans would have prohibited the importation of goods containing materials, parts, or components originating in Burma, regardless of the country of origin of the imported good. For example, S. 2172 and S. 2257 of the 110th Congress would have banned the importation of goods containing "any gemstones or rough unfinished geological materials" and "any teak or other hardwood timber" from Burma, regardless of the country of origin of the imported good. Various bills and resolutions have also been proposed calling for a broader arms embargo on Burma. In some cases, such as S.Res. 195 of the 102nd Congress, the President and the U.S. Permanent Representative to the United Nations were to "take the strongest possible action" in support of an global arms embargo on the country. In other cases, such as H.Res. 308, H.Res. 473, and S.Res. 107 of the 102nd Congress, the legislation would have required the President and/or the Secretary of State were to press China to end its military assistance to Burma. In the 104th Congress, S. 1092 would have required the United States to vote against any loan or assistance to China by a multilateral financial institution "until the President determines and certifies to the appropriate congressional committee that the People's Republic of China has terminated arms sales and other arms transfers to Burma." China is not the only nation specifically identified in congressional legislation to be pressed to support sanctions on Burma. The members of the European Union (EU) and the nine other members of the Association of Southeast Asian Nations (ASEAN)23 have been mentioned in several bills as countries that should be pushed to tighten their sanction regimes against Burma. In the 110th Congress, H.Con.Res. 200 called upon ASEAN to suspend Burma's membership in the organization. In addition, S. 1092 of the 104th Congress would have denied certain trade benefits to countries designed as "beneficiary developing countries" under Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), as a "beneficiary country" of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), or as a "beneficiary country" of the Andean Trade 22 Textile and apparel products were defined as items classified under chapters 50 to 63 of Harmonized Tariff Schedule of the United States. 23 The 10 members of ASEAN are: Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. Congressional Research Service 23 U.S. Sanctions on Burma Preference Act (19 U.S.C. 3201 et seq.) unless those nations entered into an agreement with the United States to cease trade and investment in Burma. There has also been congressional consideration of broader financial sanctions on Burma. The House version of the 2008 JADE Act initially included provisions that would have prohibited "United States persons" from entering into economic-financial transactions, paying taxes, or performing "any contract" with Burmese government institutions or individuals. The prohibition of the payment of taxes specifically included the payments of taxes to the Burmese government by the Yadana natural gas project, in which the U.S. corporation, Chevron, is a major partner. These stricken provisions were replaced in the final bill by a "sense of Congress" statement that Chevron and the other foreign investors should consider voluntary disinvestment from the project. Another area targeted by congressional legislation for additional sanctions has been investment in Burma. S. 1092 of the 104th Congress would have banned all existing and new investments by U.S. nationals in Burma. Similarly, S. 2172 of the 110th Congress would have banned investments in Burma by U.S. persons, including those made prior to May 20, 1997, as well as payments to the SPDC related to the divestment of assets in Burma. Options for Congress With the announced Burmese parliamentary elections to be held on some undisclosed date later this year, and new allegations of the SPDC's interest in obtaining nuclear weapons and missile technology from North Korea, U.S. relations with Burma are under increased scrutiny. The possibility of either adding or removing sanctions on Burma has been raised by many sources, generally contingent on the outcome of the anticipated elections and/or the credibility of the new military technology allegations. The 111th Congress passed resolutions (H.J.Res. 83 and S.J.Res. 29) to extend the general imports restriction in the 2003 BDFA through July 2011. The preceding section provides a sense of the type of additional sanctions Congress has proposed in the past. The current Congress would not be constrained by these alternatives, if it were to consider adding new sanctions on Burma. The removal of existing sanctions, by contrast, may be a more complex proposition because of the overlapping provisions of the laws and E.O.s of the current sanction regime. In addition, because Burma is subject to sanctions based on assessments related to certain functional issues (drug trafficking, human trafficking, religious freedoms, etc.), the repeal of Burma-specific sanction laws or E.O.s may not eliminate certain types of restrictions on Burma. For example, removing prohibitions on certain types of assistance may be more difficult than eliminating bans on the importation of selected goods with materials, parts, or components from Burma. In addition, Congress would likely give consideration to matching the importance or weight of the sanction to the intended message it would be trying to convey to the SPDC and the people of Burma. Such a balance would also heavily depend on the course of events in Burma in the months ahead. Congressional Research Service 24 U.S. Sanctions on Burma Author Contact Information Michael F. Martin Specialist in Asian Affairs email@example.com, 7-2199 Acknowledgments Portions of this report are based on text provided by Liana Sun Wyler, Analyst in International Crime and Narcotics (email@example.com, 7-6177). Congressional Research Service 25
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I'm genuinely more excited about this mod coming out than the new Star Wars movie.
Just wanted to say that.
7 comments by Burntstrobe on Sep 23rd, 2014
So, we have lots of projects in the works. We have collaborated with some of the most talented minds in this community and all our coding projects have been solved theoretically. We are not approaching an implementation and testing phase, but we need some help from anyone out there who is XML savy.
We know exactly what we need to have done, but we have a lot to do. If anyone out there is familiar with XML coding and is just sitting around, come join us. Any assistance helps us finish faster.
I'm genuinely more excited about this mod coming out than the new Star Wars movie.
Just wanted to say that.
I expect to be disappointed by the new movie, but I cant wait for this mod! I actually would have preferred it if they didn't do the new films
They have J.J. Abrams, they have original actors, they ditched any idea Lucas offered, and the most important thing - there aren't any Gungans involved.
I expect it to be really good (even considering the idiotic medieval crusader lightsaber).
But this mod will become more awesome then I could possibly imagine..
I'm just a bit aggrieved at what they are doing with the expanded universe, has anyone heard whether they will start writing again under the "legends" title
I'm sorry I can't give you any source because I don't renember where I did read it, but from now on all new ptoduction will be dedicated to expand the new canon. That's what really bothers me, I don't care about the new films or the new canon, but they are killing the EU when they can simply continue it as an alternate story.
I thought/hoped thats what the legends title was for so they would continue both
JJ Abrams later works are far from inspired. The second Star Trek made me think of Michael Bay and Transformers. Expecting a 2 and a half hour long story that should be edited down to an hour.
No matter how bad the new movies may become, it could be worse...
Im so excitet for this, awesome Mod, and great Work :D
Yes, for the Imperial Remnant
I admit ships from eve o. looks great and they look similar too mandalorian ships but I am expected more ships based on Keldabe, crusaider and vengeance.
Same for hutts and chiss too many models from other games or something, you can create one more ship similare to chiss star destroyer but bigger this would be more interesting than some ships from eve online.
Too many ships from other games and too few ships based on star wars ships (for mandalorians, hutts and chiss), I admit chiss and hutts dont have many official ship in comics but there no need for huge number of different ships.
But I am still great fan of this mod and great models by the way ;)
We only use 7 models total from EVE, and 6 of them are in the Mando fleet, one is in the Hapan Fleet... So I have no idea what you are talking about.
All of the Hutt models are unique creations by Warb Null and myself based off of the canon concept art. All of the Chiss ships are unique model creations developed by Exotic Tofu and myself based off of online concept art. The Chiss star destroyer was a unique design, because it was a modified imperial ship. The Chiss fleet was mostly composed of frigates and small ships.
So, I really am not sure what you are talking about... We use every canon ship where possible, and create our own models based off of faction philosophies and descriptions we read in novels. The Keldabe and Vengeance were Empire influenced creations, our new Mando fleet is the "prototype fleet" that we had discussed weeks ago. It is the fleet that is being developed to take the Mandos into the Legacy era... An era where Keldabes were no longer used, and mandorians were free from Imperial subjugation.
Sorry I did not know that for Hutts and Chiss models I am think that they are from some other games.
I dont think that EVE models are bad (they are great) but I am just expected some ships based on Keldable, Crusaiders and Vengeance.
Hey new to commenting been following this mod for over a year now, just as excited for this mod as the new movie!!
Two quick questions:
Will you have some variation or inclusion of the Smugglers Alliance? Played a crucial part in the end of the war....
second, the biggest thing when it comes to playing FoC mods is how well are the ISD-II are, i hate starting a mod to find a Star Destroyer essentially 4 weapon placements and a shield generator, im sure you will not have that but im curious what will be its strength compared to other fleet ships?
Thanks will keep following!!!
Smuggler's Alliance is a subfaction, recruitable at Smuggler's Run (Skip Asteroids), the ISD MK2 is one of the strongest ships in the game, look back at previous images to find it and see all the weapons on it. All turrets rotate.
Thanks for being a fan
Promote Yuuzhan Vong at War on your homepage or blog by selecting a button and using the embed code provided (more).

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"Chuck brings added depth and experience to our Applications Engineering team. As more and more companies streamline their own internal resources, they are depending upon TRU to be their technical resource for RF & Microwave interconnects," said Tony Martiniello, Chief Technology Officer at TRU Corp. "Our goal is to provide our customers with innovative and responsive solutions to their challenges. Chuck will be an integral part of our support team as we continue to find new ways to provide value to our customers."
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Hey, I was about to put these on eBay, but I figured I'd see if any MiceChatters wanted 'em, first. I've got 7 back issues of "The E-Ticket" sitting here that I'm about to get rid of. All of them are in great condition - each was read once, and they've been stored since then in an adult, non-smoking home. The issues are:
#33 - Keel Boats
#34 - Submarine Voyage
#35 - King Arthur Carousel
#36 - Monorail
#37 - Tom Sawyer Island
#38 - It's a Small World
#40 - Adventure Thru Inner Space
As a free bonus, I'll also throw in the November 1998 special edition of the Hollywood Reporter, celebrating the 75th Anniversary of the Walt Disney Company (unlike the other mags, it is only in very good condition, with some minor cover wear).
If you want 'em, I'm willing to let 'em go for $60 for the lot (that includes shipping; if you'd rather just pick 'em up from me in Burbank, I'll knock $10 off the price). Let me know soon, though - if I don't hear from anyone, I'll probably put 'em up on eBay in a couple of days! Thanks!


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Murata Wireless Solutions (MWS), a manufacturer of wireless modules, on Tuesday announced the introduction of its Wi-Fi Network Controller Module. The SN8200 is a small, low power, self-contained, certified Wi-Fi network controller module that provides serial-to-Wi-Fi connectivity to the internet, and can be used by manufacturers who are looking to add wireless connectivity to machine-to-machine (M2M) applications, such as home appliances,
According to a recent report by research firm ABI Research, smart applications shipments will soon begin to pick up and will eventually exceed 24 million units by 2017. Similar to the market for home energy management systems (HEMS), the smart appliances market has, so far, failed to take off as many had expected. Many products are still involved in small pilots and have failed to hit retail outlets in any large number, says ABI Research.
Cinterion, a provider of cellular machine-to-machine (M2M) communication modules, announced on Tuesday that Linyang Electronics, an electronic information enterprise in the smart meter market, is integrating Cinterion's tiny BGS2 in their smart metering products and power utilization management terminals.
On Tuesday, Sprint announced that it is partnering with Orange Business Services to provide global machine-to-machine (M2M) connectivity outside the U.S. Through the agreement, Sprint will expand its M2M reach to include Sprint-branded global M2M connectivity to 180 countries on Orange's network.
Switzerland's largest telecom operator Swisscom and telecom equipment maker Ericsson have launched a machine-to-machine (M2M) partnership. Under the agreement, Swisscom will offer customers M2M services using Ericsson's Device Connection Platform.
The first trials will start in February 2012, with the commercial introduction of services scheduled for the summer 2012, says Swisscom. The partnership will span across Switzerland as well as abroad.
On Wednesday, TomTom, which makes vehicle-based personal navigation devices (PNDs), said it had teamed up with UK-based insurance firm Motaquote to offer its first new insurance product, called Fair Play, which gives safer drivers lower premiums.
"Our entry in the insurance market…puts us at the forefront of a move that could help to revolutionize the motor insurance industry," said Thomas Schmidt, managing director TomTom (Amsterdam, Netherlands) Business Solutions.
Siemens Smart Grid Division and TIBCO Software Inc. will provide smart grid enterprise integration services to Consolidated Edison (Con Edison), a utility company that provides electric, gas and steam service to more than three million customers in New York City and Westchester County, for a smart grid demonstration project.
Amdocs, a provider of OSS software and services, last week announced the launch of two new services - the Amdocs Machine-to-Machine (M2M) and Connected Home services - that enable service providers to quickly enter the connected devices market.
On Monday, Health Evolution Partners and Verizon Enterprise Solutions established a strategic relationship for the adoption of connected health information technologies.
On Tuesday, Digi International announced that the Iridium satellite network now supports the iDigi Device Cloud. Similar to cellular SMS, Digi devices with an Iridium data transceiver inside can now send and receive data via the iDigi Device Cloud over the Iridium network.
Global Connected Consumer Devices: Key Trends, Opportunities and Market Forecasts 2015 - 2020
An evaluation of Connected Consumer Device ecosystems, market drivers, constraints, and opportunities for value chain constituents
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End-to-End M2M, Seventh Edition
This report includes forecast data for the period 2014 – 2019 with analysis of key drivers, success factors, and industry dynamics.
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The Future of Cloud WAN
The emergence of cloud computing has put new demands on the WAN. Not only do customers demand highly robust and secure WAN connections, but they must also deliver new levels of flexibility and manageability.
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Limousine Services to Fulfill Expectations Joomla Template
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The theme is light therefore it's lightweight for user's perception. What can be more important in our age of reactive pace of life? Put your limousine business on track with that pace and reap the rewards of eCommerce. The template's structure is quite simple, so it will serve a direct door to your company. Keep up with time – let your customers keep up with you all the time through the web.
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Joomla! Engine: 3.1.1 Joomla! Compatibility: 3.0.x - 3.4.x
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Minimal and elegant, versatile and adaptable
Site versatile, adaptable to any industries. Good design, minimal and elegant. I'm using it for a carrozzeria for the restoration of vintage cars in Monza: I'm sure of the satisfaction of the customer.
On Limousine Services To Fulfill Expectations Joomla Template #47158
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Execellent template!
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On Limousine Services To Fulfill Expectations Joomla Template #47158
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text:
278 Aviation Road
Fax: 919-581-9936
Web site: www.wayneaviation.com
Ratings: Instrument
- Rentals
- Flight Training
Wayne Aviation, IncWayne Aviation
Wayne Executive Jetport Airport
278 Aviation Road
Pikeville, NC27863 278 Aviation Road
Pikeville, NC27863 Phone: 919-731-7412
Fax: 919-581-9936
Web site: www.wayneaviation.com
The information presented here is provided by, and is the responsibility of, the FBO or business listed here. Corrections or suggestions should be directed to this business, or to firstname.lastname@example.com. Manager: Update your listing.
Contact and Business Information
|Unicom frequency:
|ARINC frequency:
|Monitoring airport CTAF:
|Credit Cards:
|Visa, Mastercard, Discover
As of: 11/25/2014
RentalsPlanes: Single Engine
As of: 11/25/2014
As of: 11/25/2014
As of: 11/25/2014
Flight Training
|FAA Classification:
|Part 61
|Approved for VA Training:
|Affiliated College / University:
Training OpportunitiesCertifications: Commercial, Private Pilot, Flight Instructor CFI, Flight Instructor Instrument CFII, Airline Transport Pilot ATP, Multi Engine Instructor MEI
Ratings: Instrument
As of: 11/25/2014


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It's great! Wonderful find in the spring. It is a pity that there is no stock. (
This coat is amazingg!! Been getting nothing more than compliments
I need this in my life
Plz will like to know ehen it will be in stock
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