Sec. 1291. Limitation on security assistance and security cooperation
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Except as provided in subsection
(b), for the period beginning on the date of the enactment of this subtitle and ending on the date described in subsection
(c), the United States may not provide any security assistance or engage in any security cooperation with any of the military or security forces of Burma. Notwithstanding subsection
(a), the Secretary of Defense shall retain the authority granted by section 1253 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 22 U.S.C. 2151 note). The limitation in subsection
(a)of this section may not be construed to limit the authority to provide the Government of Burma with assistance necessary to make available the activities described in subsection
(a)of such section 1253. Notwithstanding subsection
(a), the Secretary of State and the United States Agency for International Development may provide assistance authorized under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) to provide hospitality during research, dialogues, meetings, or other activities by the parties attending the Union Peace Conference 21st Century Panglong or related processes seeking inclusive, sustainable reconciliation. The Secretary of State, with respect to security assistance, and the Secretary of State in consultation with the Secretary of Defense, with respect to security cooperation programs and activities of the Department of Defense, may waive on a case-by-case basis the limitation under subsection
(a)if the Secretary submits to the appropriate congressional committees, not later than 30 days before such waiver enters into effect— a list of the activities and participants to which such waiver would apply; a certification, including a justification, that the waiver is in the national security interest of the United States; and a certification that none of the participants included in the list described in subparagraph
(A)have committed any of the acts described in subparagraph
(A)or
(B)of section 1282(b)(1) or committed any other gross violation of human rights, as such term is defined for purposes of section 362 of title 10, United States Code. The date described in this subsection is the earlier of the date that is 8 years after the date of the enactment of this subtitle or the date on which the Secretary of State certifies to the appropriate congressional committees the following: The military and security forces of Burma— have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful security sector reform, including reforms that enhance transparency and accountability, to prevent future abuses; adhere to international humanitarian law; pledge to stop future human rights abuses; support efforts to carry out comprehensive independent investigations of alleged abuses; are taking steps to hold accountable any members of such forces determined to be responsible for human rights abuses; and cease their attacks against ethnic minority groups and participate in the conclusion of a nationwide cease-fire agreement, political accommodation, and constitutional change, including the provision of citizenship to the Rohingya. The Government of Burma, including the military and security forces— allows full humanitarian access to communities in areas affected by conflict, including Rohingya communities in Rakhine State; cooperates with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to ensure the protection of displaced persons and the safe, voluntary, sustainable, and dignified return of refugees and internally displaced persons; defines a transparent plan that includes— a timeline for professionalizing the military and security forces; and a process by which the military withdraws from ownership or control of private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics; and establishes civilian control over the finances and assets of its military and security forces, including that military expenditures are subject to civilian oversight. Not later than 180 days after the date of the enactment of this subtitle, and annually thereafter, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military and security forces of Burma. The report required under paragraph
(1)shall include the following: A description and assessment of the Government of Burma's strategy for security sector reform, including any plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illegal trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control. A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-to-military engagements between the United States and Burma's military and security forces. An assessment of the progress of the military and security forces of Burma towards developing a framework to implement human right reforms, including— cooperation with civilian authorities and independent international investigations to investigate and prosecute cases of human rights abuses; steps taken to demonstrate respect for and implementation of the laws of war; and a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation. An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to cease-fire agreements, allow for safe, voluntary, sustainable, and dignified returns of displaced persons to their homes, and withdraw forces from conflict zones. An assessment of the manner and extent to which the Burmese military recruits and uses children as soldiers. An assessment of the Burmese's military's use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or ethnic cleansing. The certification described in subsection
(c)and the report required by subsection
(d)shall be submitted in unclassified form but may include a classified annex. The certification described in subsection
(c)shall be accompanied by a written justification in unclassified form, that may contain a classified annex, describing the Burmese military's efforts to implement reforms, end impunity for human rights abuses, and increase transparency and accountability.
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Sec. 1291
Limitation on security assistance and security cooperation
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