Sec. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA

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## SEC. 3 BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA ###

(a)General Ban ####

(1)In general Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act, the President shall ban the importation of any article that is a product of Burma. ####

(2)Ban on imports from certain countries The import restrictions contained in paragraph

(1)shall apply to, among other entities— #####

(A)the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; #####

(B)known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; #####

(C)the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; #####

(D)the Myanmar Economic Corporation

(MEC)or any company in which the MEC has a fiduciary interest; #####

(E)the Union Solidarity and Development Association (USDA); and #####

(F)any successor entity for the SPDC, UMEHI, MEC, or USDA. ####

(3)Conditions described The conditions described in this paragraph are the following: #####

(A)The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. #####

(B)The SPDC has made measurable and substantial progress toward implementing a democratic government including— ######

(i)releasing all political prisoners; ######

(ii)allowing freedom of speech and the press; ######

(iii)allowing freedom of association; ######

(iv)permitting the peaceful exercise of religion; and ######

(v)bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma's ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. #####

(C)Pursuant to section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), Burma has not been designated as a country that has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including, but not limited to

(i)the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking,

(ii)concrete and measurable actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises, and

(iii)actions to stop the manufacture and export of methamphetamines. ####

(4)Appropriate congressional committees In this subsection, the term “**appropriate congressional committees**” means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives. ###

(b)Waiver Authorities The President may waive the restrictions described in this section or section 3A (b)(1) or (c)(1) for any or all articles that are subject to such restrictions if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations, and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.

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Pub. L. 107-228

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Sec. 3

BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA

Pub. L.Pub. L. 107-228

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