Sec. 1292. Imposition of existing and additional sanctions for the violation of human rights and the commission of human rights abuses in Burma

1,155 words·~5 min read·/bill/116/hr/2500/pcs/section-1292·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The President shall impose sanctions— against officials in Burma, including Commander in Chief of the Armed Forces of Myanmar Min Aung Hlaing, under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note); and against military-owned enterprises, including the Myanmar Economic Corporation and Union of Myanmar Economic Holding, under the Burmese Freedom and Democracy Act ( 50 U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 ( 50 U.S.C. 1701 note), and other relevant statutory authorities.

For the 8-year period beginning on the date that is 270 days after the date of the enactment of this subtitle, the President shall impose the sanctions described in subsection

(c)with respect to each foreign person that the President determines, based on credible evidence— is a current or former senior official of the military or security forces of Burma who— knowingly perpetrated, ordered, or otherwise directed serious human rights abuses in Burma; or has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses, including against the Rohingya community in Rakhine State; is an entity owned or controlled by any person described in paragraph

(1); is an entity, such as the Myanmar Economic Cooperation or the Myanmar Economic Holding Corporation, that is owned or controlled, directly or indirectly, by the military or security forces of Burma, including through collective or cooperative structures, from which one or more persons described in paragraph

(1)derive significant revenue or financial benefit; or has knowingly— provided significant financial, material, or technological support— to a foreign person described in paragraph

(1)in furtherance of any of the acts described in subparagraph

(A)or

(B)of such paragraph; or to any entity owned or controlled by such person or an immediate family member of such person; or received significant financial, material, or technological support from a foreign person described in paragraph

(1)or an entity owned or controlled by such person or an immediate family member of such person. The sanctions described in this subsection are the following: Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets one or more of the criteria described in subsection

(b)if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. In the case of a foreign person who is an individual, such person shall be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to a foreign person who is an individual regardless of when the visa or other entry documentation is issued. A revocation under clause

(i)shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the person’s possession. Subparagraphs

(B)and

(C)of this section shall also apply with respect to aliens who are officials of, agents or instrumentalities of, working or acting on behalf of, or otherwise associated with, a foreign entity or foreign government that is a foreign person subject to the imposition of sanctions under subsection

(b), if such aliens are determined by the Secretary of State to have knowingly authorized, conspired to commit, been responsible for, engaged in, or otherwise assisted or facilitated the actions described in such subsection. Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection

(c)shall be subject to the penalties set forth in subsections

(b)and

(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection

(a)of that section. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section. The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection

(b)if the President— determines that a waiver with respect to such foreign person is in the national interest of the United States; and not later than the date on which such waiver will take effect, submits to the following committees notice of and justification for such waiver: The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives. The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. The authorities and requirements to impose sanctions authorized under this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods. In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. In this section— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1001 ). The term foreign person means a person that is not a United States person. The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term United States person means— a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.

Connectionstraces to 6

Traces to 6 documents

U.S. Code