Sec. 11. Report on modifications to the JADE Act and certain Executive orders

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Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to Congress a report— assessing the advisability of modifying section 5(h) of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 , 50 U.S.C. 1701 note) (commonly referred to as the JADE Act ) relating to the termination of sanctions under that Act; assessing the advisability of modifying or rescinding Executive Order 13448 (72 Fed. Reg. 60223; relating to blocking property and prohibiting certain transactions related to Burma), Executive Order 13464 (73 Fed. Reg. 24491; relating to blocking property and prohibiting certain transactions related to Burma), Executive Order 13619 (77 Fed. Reg. 41243; relating to blocking property of persons threatening the peace, security, or stability of Burma), and Executive Order 13651 (78 Fed. Reg. 48793; relating to prohibiting certain imports of Burmese jadeite and rubies); and making recommendations under subsection

(b)for criteria to be considered in modifying or eliminating sanctions under the JADE Act and such Executive orders and formulating United States policy after eliminating such sanctions. The report required by subsection

(a)shall include— an explanation of how sanctions, or the modification or elimination of sanctions, are supportive of the overall strategy of the United States toward Burma; recommendations with respect to the treatment of military-owned enterprises; and recommendations on the advisability and applicability of the benchmarks or conditions described in paragraph

(2)as criteria to be considered in modifying or eliminating sanctions under the JADE Act and the Executive orders specified in subsection (a)(2) with respect to an entity, along with such other conditions as the Secretary considers appropriate, and an assessment of whether the military of Burma as constructed as of the date of the report is covered or has met those criteria. The benchmarks or conditions described in this paragraph are, with respect to an entity that is a successor or affiliate of the military of Burma or controlled by former members of the military of Burma, that the entity— unconditionally releases all political prisoners, including those awaiting trial or sentencing; allows humanitarian access to populations affected by armed conflict in all regions of Burma; supports the peace process and governance reforms initiated by the 21st Century Panglong Peace Conference, with the full and unfettered participation of all the people of Burma and in a manner that promotes and protects democratic development of Burma; enters into a substantive 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; supports legal reforms for the jadeite, ruby, and other extractive industries, which include responsible, transparent, and accountable management in manner that promotes peace and includes civil society oversight and equitable resource sharing principles; supports an end to offensives against ethnic nationalities and the creation of a peaceful Federal union acceptable to the people of Burma; supports a meaningful and inclusive dialogue toward national reconciliation; and completely ceases ties with North Korea.

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