Based on that perception, the Obama Administration waived most of the sanctions on Burma, particularly after Aung San Suu Kyi and the National League for Democracy won the 2015 parliamentary elections and a new NLD-controlled Union Parliament took office in April 2016. Certain events since 2016, however, have led some Members of Congress and others to call for the reinstatement of some of the waived sanctions and/or the imposition of new restrictions on relations with Burma. One of the more prominent events was the "clearance operation" in northern Rakhine State in late 2017, during which Burma's security forces allegedly committed serious human rights abuses against the Rohingya including murder, torture, and rape. Burma's security forces have also been accused of committing crimes against humanity and war crimes against civilians in Kachin and Shan State between 2011 and 2018 as part of its ongoing conflict with various ethnic armed organizations (EAOs). Two bills have been introduced during the 115 th Congress, the Burma Unified through Rigorous Military Accountability (BURMA) Act of 2018 ( H.R. 5819 ) and the Burma Human Rights and Freedom Act of 2018 ( S. 2060 ), that would redefine U.S. policy in Burma and impose greater restrictions on bilateral relations. On November 8, 2015, Burma held nationwide parliamentary elections, in which the NLD won nearly 80% of the contested seats. Aung San Suu Kyi was subsequently appointed to the newly created position of State Counselor, as well as Foreign Minister. On December 2, 2016, he issued Presidential Determination 2017-04, ending restrictions on U.S. assistance to Burma as provided by Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. In addition, Congress has set limits on bilateral relations in appropriations legislation. 13472 on October 7, 2016, and Presidential Determination 2017-04 on December 2, 2016, the restrictions on relations with Burma that remain in place consist of restrictions on the issuance of visas to certain Burmese nationals, limits on U.S. assistance to Burma contained in the Consolidated Appropriations Act, 2018 ( P.L. 115-141 ), and various restrictions on U.S. relations with Burma's military. Ban on the Provision of Visas to Military Leaders —Section 5(a)(1)(A) of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (JADE Act; P.L. Among the specific objectives for U.S. policy in Burma that have been proposed by various human rights organizations and that Congress may choose to consider are
supporting the peace process and national reconciliation to end the nation's civil war; addressing the plight of the Rohingya in Rakhine State, including investigating alleged genocide, crimes against humanity, and/or war crimes perpetrated by the Tatmadaw and other security forces, providing adequate and reliable humanitarian assistance to the internally displaced persons (IDPs) in Rakhine State, and addressing the citizenship status of the currently stateless Rohingya; responding to the allegations that Burmese security forces committed crimes against humanity and/or war crimes in Kachin and Shan States; promoting amendments to the 2008 constitution to establish a more democratic, civilian government; amending or repealing Burmese laws that are inconsistent with internationally recognized human rights, and promoting the protection of human rights in Burma; supporting the development of governmental institutions that are resilient enough to function during times of political change and natural disasters; and promoting economic growth and development to provide greater prosperity to the people of Burma. In addition, Congress may actively or passively permit the President and the executive branch to determine what restrictions, if any, should be placed on relations with Burma, and provide the necessary authority and appropriations to implement U.S. policy toward Burma. 5819 ) and the Burma Human Rights and Freedom Act of 2018 ( S. 2060 )—were introduced.
Major changes in Burma's political situation since 2016 have raised questions among some Members of Congress concerning the appropriateness of U.S. policy in Burma in general, and the current restrictions on relations with Burma (Myanmar) in particular. During the 115th Congress, two bills were introduced—the Burma Unified through Rigorous Military Accountability Act of 2018 (H.R. 5819; the BURMA Act of 2018) and the Burma Human Rights and Freedom Act of 2018 (S. 2060)—that would reformulate U.S. policy and the restrictions on bilateral relations.
In November 2015, Burma held nationwide parliamentary elections from which Aung San Suu Kyi's National League for Democracy (NLD) emerged as the party with an absolute majority in both chambers of Burma's Union Parliament. The new government subsequently appointed Aung San Suu Kyi to the newly created position of State Counselor, as well as Foreign Minister. While the NLD controls the Union Parliament and the executive branch, the Burmese military, also known as the Tatmadaw, continues to exercise significant power under provisions of Burma's 2008 constitution. For example, 25% of the seats in both chambers of the Union Parliament are military officers appointed by the Tatmadaw's Commander in Chief Senior General Min Aung Hlaing, creating a voting bloc that can prevent any changes in the constitution.
On October 7, 2016, former President Obama revoked several executive orders pertaining to sanctions on Burma, and waived restrictions required by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta Anti-Democratic Efforts) Act of 2008 (P.L. 110-286), removing most of the economic restrictions on relations with Burma. On December 2, 2016, he issued Presidential Determination 2017-04, ending restrictions on U.S. assistance to Burma as provided by Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. Various noneconomic restrictions, however, remain in effect, including bans on providing visas to certain Burmese nationals and other restrictions on U.S. assistance to Burma.
Certain events since 2016, however, have led some Members of Congress to call for the reinstatement of some of the waived sanctions and/or the imposition of new restrictions on relations with Burma. One of the more prominent events was the "clearance operation" in northern Rakhine State in late 2017, during which Burma's security forces allegedly committed serious human rights abuses against the Rohingya. A U.N. fact-finding mission (and other investigations) say the security force's actions may constitute genocide, crimes against humanity, and/or war crimes. Burma's security forces have also been accused of committing crimes against humanity and war crimes against civilians in Kachin and Shan State between 2011 and 2018 as part of its ongoing conflict with various ethnic armed organizations (EAOs).
Congress will have various opportunities to weigh in on U.S. policy toward Burma, including what restrictions, if any, to include in such a policy. In recent years, Congress has restricted foreign assistance to Burma in annual appropriations acts, such as the Consolidated Appropriations Act, 2018 (P.L. 115-141). In addition, Congress may consider whether to reexamine existing sanctions laws on Burma in light of recent developments, to determine if it is time to amend, modify, replace, and/or repeal provisions in those laws.