Sec. 202. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma
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Not later than 30 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 or operated in the defense sector of the Burmese economy; is responsible for or complicit in, or has directly or indirectly and knowingly engaged or attempted to engage 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; to knowingly be or have been a senior leader or official 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, or whose members have, engaged in any activity described in paragraph (2); 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 an adult family member of any person described in any of paragraphs
(1)through (5); knowingly facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (6); to be owned or controlled by, or to have acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (6); or to have knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or 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 described in subsection (a). Beginning on the date that is 60 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection
(d)with respect to the Myanma Oil and Gas Enterprise if the President determines and certifies to the appropriate congressional committees, not later than 30 days before imposing such sanctions, that imposing sanctions with respect to the Myanma Oil and Gas Enterprise— would reduce the ability of the Burmese military to engage in the activities described in subparagraphs
(A)through
(D)of subsection (a)(2); would bring benefits to the people of Burma that exceed the potential negative impacts of the sanctions on the humanitarian and economic outlook of the people of Burma; and is in the national interest of the United States. The Secretary of the Treasury may grant a license to allow the Myanma Oil and Gas Enterprise and a joint venture in which the Myanma Oil and Gas Enterprise participates to continue operating in a manner that does not provide revenue or other economic benefits to the Burmese military or members of the Burmese military. The sanctions that may be imposed with respect to a foreign person described in subsection
(a)or
(c)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 described in subsection
(a)is— inadmissible to the United States; ineligible for a visa or travel to 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 visa or other documentation issued to an alien described in subsection
(a)shall be revoked, regardless of when such visa or other documentation is or was issued. A visa or other entry documentation revoked under clause
(i)shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), no longer be valid for travel to the United States. 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 to the United States if the admission of the alien 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, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations. 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 authority to issue a waiver under paragraph
(1)shall terminate on the date that is 2 years after the date of enactment of this Act. 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 subtitle. A person that violates, attempts to violate, conspires to violate, or causes a violation of this subtitle or any regulation, license, or order issued to carry out this subtitle 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. Not later than 60 days after the date of the enactment of this Act, 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; and 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.
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Sec. 202
Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma
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