Sec. 12. Sense of Congress on criteria for removal of persons from SDN list for activities relating to Burma

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It is the sense of Congress that the President should, in determining whether to remove a person from the SDN list if the person is on that list for activities relating to Burma, consider the following criteria: The person is not aiding or indirectly participating in any organization that promotes the repressive policies of the military of Burma, including— any successor of the State Peace and Development Council; any organization controlled by former State Peace and Development Council members; or any military-controlled enterprise.

The person is not aiding or directly participating in credible allegations of gross violations of human rights in Burma, including against Rohingya and other minority groups. The person is not advocating violence against ethnic or religious groups and individuals in Burma, including through membership in such organizations as the Association for the Protection of Nationality and Religion (commonly known as Ma Ba Tha ). The person is not aiding or directly participating in practices that would be prohibited by the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 et seq. ) if such practices were conducted in the United States or by a domestic concern (as defined in section 104 of that Act ( 15 U.S.C. 78dd–3 )).

The person is not aiding or directly participating in facilitating military relations between the Government of Burma and the Government of North Korea. The person is not aiding or directly engaging in business deals with narcotics traffickers under indictment by the United States or other producers or traffickers of narcotics. The person is fulfilling any applicable domestic requirements to produce environmental and social impact assessments. The person is complying with applicable domestic processes to satisfactorily address community grievances and concerns and a monitoring process to ensure proper implementation of measures to address those grievances and concerns.

The person is complying with international standards on transparency, labor, the environment, and human rights with respect to engaging in business deals in the jadeite, rubies, or timber industries, including deals with businesses that directly support those industries, including through the provision of equipment, in accordance with the Government of Burma’s legal reforms in those sectors. In this section, the term SDN list means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.

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15 USC 78dd–3

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Sec. 12

Sense of Congress on criteria for removal of persons from SDN list for activities relating to Burma

Cite15 USC 78dd–3

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