Sec. 6522. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma
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Not later than 60 days after the enactment of this Act, the President shall impose the sanctions described in subsection
(d)with respect to any foreign person that the President determines— knowingly operates as a senior official or in a significant capacity in the defense sector of the Burmese economy; leading up to, during, and since the February 2021 coup is responsible for or has directly and knowingly engaged in— actions or policies that undermine democratic processes or institutions in Burma; actions or policies that threaten the peace, security, or stability of Burma; actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma, or that limit access to print, online, or broadcast media in Burma; or the arbitrary detention or torture of any person in Burma or other serious human rights abuse in Burma; is a senior leader of— the Burmese military or security forces of Burma, or any successor entity to any of such forces; the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or an entity that has engaged in any activity described in paragraph
(2)leading up to, during, and after the February 2021 coup; knowingly operates— any entity that is a state-owned economic enterprise under Burmese law (other than the entity specified in subsection (c)) that benefits the Burmese military, including the Myanma Gems Enterprise; or any entity controlled in whole or in part by an entity described in subparagraph (A), or a successor to such an entity, that benefits the Burmese military; knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14014 or this Act; to be a spouse or adult child of any person described in any of paragraphs
(1)through (5); or to be owned or controlled by, and to act for or on behalf of, directly or indirectly, a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (6). The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person sanctioned based on subsection (a). Beginning on the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection
(d)with respect to the Myanma Oil and Gas Enterprise. The sanctions that may be imposed with respect to a foreign person described in subsection
(a)are the following: Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person 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. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection
(a)is— inadmissible to the United States; ineligible for 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, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) 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 an alien described in clause
(i)regardless of when the visa or other entry documentation is issued. A revocation under subclause (i)— shall take effect immediately; and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. Sanctions under subsection (d)(3) shall not apply with respect to the admission of 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. Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for— the sale of agricultural commodities, food, medicine, or medical devices to Burma; the provision of humanitarian assistance to the people of Burma; financial transactions relating to humanitarian assistance or for humanitarian purposes in Burma; or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma. The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. The penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under section 403(b) to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. Not later than 60 days after the date of the enactment of this Act and annually thereafter for 8 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other United States Government agencies, as appropriate, shall submit to the appropriate congressional committees a report that— sets forth the plan of the Department of the Treasury for ensuring that property blocked pursuant to subsection
(a)or Executive Order 14014 remains blocked; describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; makes recommendations for how the sources of income described in paragraph
(2)can be reduced or blocked; evaluates the implications of imposing sanctions on the Burmese-government owned Myanmar Oil and Gas Enterprise, including a determination with respect to the extent to which sanctions on Myanmar Oil and Gas Enterprise would advance the interests of the United States in Burma; and assesses the impact of the sanctions imposed pursuant to the authorities under this Act on the Burmese people and the Burmese military.
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Sec. 6522
Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma
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