,,ii #aadth ,,congress #b;d ,session ,s4 #ccac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ac1 #bjaf ,mr4 ,cardin 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,durbin1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to authorize assistance to ,burma and to support a principled engagement strategy for a peaceful1 prosperous1 and democratic ,burma that respects the human rights of all its people1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,burma ,strategy ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,statement of policy4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,bilateral economic assistance4 ,sec4 #f4 ,multilateral assistance4 ,sec4 #g4 ,military cooperation4 ,sec4 #h4 ,the ,win ,tin ,burma-,american ,enterprise ,fund4 ,sec4 #i4 ,eligibility of ,burma for ,generalized ,system of ,preferences4 ,sec4 #aj4 ,strategy for promoting transparency and good governance in ,burma's jadeite and gemstone sector4 ,sec4 #aa4 ,report on modifications to the ,,jade ,act and certain ,executive orders4 ,sec4 #ab4 ,sense of ,congress on criteria for removal of persons from ,,sdn list for activities relating to ,burma4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states policy of principled engagement since #aihh has fostered positive democratic reforms in ,burma1 which have led to significant milestones on the road to full democracy4 7#b7 ,on ,november #h1 #bjae1 ,burma held historic elections in which the ,national ,league for ,democracy won a supermajority of seats in the combined national parliament4 7#c7 ,on ,march #cj1 #bjaf1 ,htin ,kyaw was inaugurated as the ,president of ,burma1 the country's first civilian ,president in more than #ej years1 and ,aung ,sann ,suu ,kyi assumed the office of ,state ,counselor4 ,aung ,san ,suu ,kyi1 ,president of the ,national ,league for ,democracy1 was barred from becoming ,president under section #ei7;f7 of the #bjjh ,constitution4 7#d7 ,aung ,san ,suu ,kyi's first acts as ,state ,counselor after her ,national ,league for ,democracy party took office included releasing more than #ajj political prisoners1 including well-known journalists and student activists held on politically motivated charges4 ,however1 as of ,july #ca1 #bjaf1 #aah political prisoners remained in jails in ,burma1 and another #afg people were awaiting trial for political expression4 7#e7 ,despite the important steps taken toward democracy in ,burma1 there still remain important structural and systemic impediments to the realization of a fully democratic civilian government1 including-- 7,a7 reform of the #bjjh ,constitution2 7,b7 the disfranchisement of groups of people who voted in previous elections2 and 7,c7 social1 political and economic conditions in ,rakhine ,state1 particularly those faced by the ,rohingya population4 7#f7 ,actions of the military of ,burma1 known as the ,tatmadaw1 including continuing assaults on personnel and territory controlled by armed ethnic organizations1 military offenses immediately preceding the peace conference in ,naypyitaw1 and alleged human rights abuses against noncombatant civilians in conflict areas1 undermine confidence in establishing a credible nationwide cease-fire agreement ending ,burma's civil war4 7#g7 ,the ,united ,states supports a peaceful1 prosperous1 and democratic ,burma that respects the human rights of all its people4 ,the inauguration of ,president ,htin ,kyaw1 and the formation of a democratically elected1 civilian-led government were momentous steps for the democratic transition of ,burma and the ,united ,states seeks to build and capitalize on that success4 7#h7 ,the ,united ,states supports ,burma's political and economic reforms1 including efforts to-- 7,a7 promote national reconciliation2 7,b7 build government transparency and accountability and government institutions2 7,c7 empower local communities and civil society2 7,d7 promote responsible international engagement2 and 7,e7 strengthen respect for and protection of human rights and religious freedom4 7#i7 ,on ,march #ag1 #bjaf1 the ,department of ,state determined that ,burma remains designated as a country of particular concern for religious freedom under section #djb7;b7 of the ,international ,religious ,freedom ,act 7#bb ,u4,s4,c4 #fddb7;b771 and that members of the ,rohingya community in particular reportedly face abuses by the ,government of ,burma1 including those involving torture1 unlawful arrest and detention1 restricted movement1 restrictions on religious practices and discrimination in employment and access to social services4 7#aj7 ,on ,august #bc1 #bjaf1 the ,government of ,burma announced the establishment of the ,advisory ,commission on ,rakhine ,state1 which will be chaired by former ,secretary-,general of the ,united ,nations ,kofi ,annan4 7#aa7 ,on ,may #ag1 #bjaf1 the ,united ,states announced a calibrated easing of sanctions with respect to ,burma by removing individuals and entities from the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury and renewing authorities for sanctions with respect to ,burma as provided under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq474 7#ab7 ,in #bjae1 the nongovernmental campaign ,global ,witness found that in #bjad the estimated value of official production of jade equated up to #dh percent of the official gross domestic product of ,burma1 but because of corruption and a lack of transparency the economic gains of ,burma are being pocketed by notorious junta-era players1 from former dictator ,than ,shwe to ,united ,states-sanctioned drug lord ,wei ,hsueh ,kang1 and showed how vested interests in jade are undermining prospects for resolving the most intractable armed conflict in ,burma4 7#ac7 ,in ,july #bjaf1 the ,government of ,burma announced that all remaining jade mining licenses will expire in #bjah1 and no new permits will be granted until a reformed legal framework is in place4 7#ad7 ,in ,july #bjaf1 the ,government of ,burma also announced that logging would be prohibited in major forested areas for the rest of the year4 7#ae7 ,the people of ,burma continue to suffer from a low grade civil war between the ,tatmadaw and nearly #bj armed ethnic organizations4 7#af7 ,any prospects for a full democracy in ,burma are contingent on ending the civil war and finding a path toward national reconciliation between ,burma's ,bamar majority and its various ethnic minorities4 7#ag7 ,on ,august #ca1 #bjaf1 the ,government of ,burma initiated the ,union ,peace ,conference #bast ,century ,panglong1 where more than #a1djj representatives of various concerned parties attended a peace conference in ,naypyitaw in an effort to begin the process of ending ,burma's civil war and discuss options in forming a democratic state of ,burma4 #c4 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 the pursuit of a calibrated engagement strategy is essential to support a peaceful1 prosperous1 and democratic ,burma that respects the human rights of all its people regardless of ethnicity and religion2 7#b7 the guiding principles of such a strategy to support and complete the transition to democracy and genuine national reconciliation include-- 7,a7 support for ,burma's political and economic reforms2 7,b7 the establishment of a fully democratic and representative political system based on free and fair elections2 7,c7 the promotion of genuine national reconciliation and conclusion of a credible and sustainable nationwide cease-fire agreement2 7,d7 building government transparency and accountability2 7,e7 the establishment of professional and nonpartisan military1 security1 and police forces that operate under civilian control2 7,f7 empowering local communities and civil society2 7,g7 promoting responsible international engagement2 and 7,h7 strengthening respect for and protection of human rights and religious freedom2 and 7#c7 adjustments to trade1 economic sanctions1 visa restrictions1 and other limitations are essential elements of a calibrated engagement strategy as ,burma continues to progress toward democratization1 transparency1 and genuine national reconciliation to both support and recognize the positive steps undertaken as of the date of the enactment of this ,act and to incentivize further reform4 #d4 ,definitions ,in this ,act3 7#a7 ,jadeite ,the term jadeite means any jadeite classifiable under heading #gajc of the ,harmonized ,tariff ,schedule of the ,united ,states4 7#b7 ,ruby ,the term ruby means any ruby classifiable under heading #gajc of the ,harmonized ,tariff ,schedule of the ,united ,states4 #e4 ,bilateral economic assistance 7a7 ,authorization of appropriations ,there are authorized to be appropriated #aad1gjj1jjj for fiscal year #bjag to provide assistance to ,burma in accordance with this section4 7b7 ,assistance to ,burma ,subject to subsection 7c7 and notwithstanding any other provision of law1 funds authorized to be appropriated by subsection 7a7 for assistance to ,burma may be used1 among other things-- 7#a7 to strengthen civil society organizations in ,burma1 including as core support for such organizations2 7#b7 to implement the democracy and human rights strategy required by section #gjdc7;b77#c77;,a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjad 7division ,k of ,public ,law #aac-gf2 #abh ,stat4 #ecd72 7#c7 to support community-based organizations operating in ,thailand to provide food1 medical1 and other humanitarian assistance to internally displaced persons in eastern ,burma and to refugees from ,burma2 7#d7 to support programs that focus on transparency and initiatives against corruption1 conflict risks1 and adverse environmental and human rights effects of the jade1 timber1 and other extractive industries sectors2 7#e7 to support programs that allow ethnic and civil society groups in ,burma to help sustain cease-fire agreements and further prospects for reconciliation and peace1 which may include support to representatives of armed ethnic groups as well as direct ,united ,states cease-fire support and monitoring1 as appropriate2 7#f7 to support ethnic and civil society groups1 including1 notwithstanding subsection 7c77#a71 support for meeting- and hospitality-related expenses with respect to representatives of the military of ,burma or armed ethnic groups2 7#g7 to support programs that promote ethnic and religious tolerance1 including tolerance in ,rakhine ,state2 7#h7 to support efforts to remove the military and military-owned enterprises from their dominant position in the economy2 7#i7 to support programs that improve the lives of the people of ,burma through strengthening economic development2 7#aj7 to support programs that improve the lives of the people of ,burma by fostering healthy and resilient communities2 7#aa7 to support programs that support democratic institutions through technical assistance and government capacity building that focus on promoting the respect for the rule of law and human rights1 building transparency and accountable governance systems1 supporting independent media1 and fostering a vibrant tolerant civil society2 and 7#ab7 to support programs of the ,office of ,transition ,initiatives of the ,united ,states ,agency for ,international ,development that seek to deepen and sustain the reform progress and foster a legitimate and inclusive peace-building process that includes partnering with local women's organization and local youth political participation organizations4 7c7 ,prohibition on the use of funds 7#a7 ,in general ,funds authorized to be appropriated by subsection 7a7 may not be provided to-- 7,a7 the military of ,burma or any individual or organization credibly alleged to have committed gross violations of human rights1 including violations of the human rights of the ,rohingya and other minority groups2 or 7,b7 any individual or organization that the ,secretary of ,state determines1 and reports to the appropriate congressional committees1 advocates violence against ethnic or religious groups and individuals in ,burma1 including such organizations as ,ma ,ba ,tha4 7#b7 ,waiver ,the ,secretary of ,state may waive the prohibition under paragraph 7#a7 if the ,secretary-- 7,a7 determines that such a waiver is important to the national security interests of the ,united ,states2 and 7,b7 consults with the appropriate congressional committees on the justification and reasons for the waiver4 7d7 ,consultations ,before initiating any new program or activity in ,burma in fiscal year #bjag under this section1 the ,secretary of ,state shall consult with the appropriate congressional committees4 7e7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #f4 ,multilateral assistance 7a7 ,in general ,the ,secretary of the ,treasury shall instruct the ,united ,states executive director of each international financial institution to use the voice and vote of the ,united ,states to support a project in ,burma only if the project-- 7#a7 promotes accountability and transparency1 including the collection1 verification1 and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project2 7#b7 is developed and carried out in accordance with best practices regarding-- 7,a7 environmental conservation2 7,b7 the social and cultural protection and empowerment of local populations1 particularly ethnic nationalities2 and 7,c7 the extraction of resources1 if applicable1 including jade and rubies2 7#c7 does not promote the displacement of local populations without appropriate consultation1 harm mitigation1 and compensation2 7#d7 does not incentivize or facilitate the forced migration of indigenous communities2 7#e7 does not partner with or otherwise involve military-owned enterprises or state-owned enterprises associated with the military2 and 7#f7 is in accordance with the social and environmental safeguards of the ,world ,bank in effect on ,september #cj1 #bjae1 and applicable to loans1 grants1 policies1 or strategies4 7b7 ,international financial institution defined ,in this section1 the term international financial institution means-- 7#a7 each of the institutions specified in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c77#b772 and 7#b7 the ,international ,fund for ,agricultural ,development4 #g4 ,military cooperation 7a7 ,defense ,language ,institute ,english ,language ,center ,from amounts available to carry out the ,foreign ,military ,sales program1 such sums as may be necessary for each of the fiscal years #bjag through #bjai shall be available for assistance under chapter #e of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdg et seq42 relating to international military education and training7 for ,burma for the purposes of ,english language training for the military of ,burma under the ,defense ,language ,institute ,english ,language ,center4 7b7 ,exchange program 7#a7 ,in general ,the ,secretary of ,state is authorized to establish an exchange program between-- 7,a7 military and civilian personnel of ,burma2 and 7,b7 7i7 military and civilian personnel of countries determined by the ,secretary of ,state to be in the process of consolidating and strengthening a democratic form of government and demonstrating civilian oversight of the military2 or 7ii7 military and civilian personnel of ,north ,atlantic ,treaty ,organization member countries1 in order to foster greater mutual respect for and understanding of the principle of civilian rule of the military4 7#b7 ,elements of program ,the program authorized under paragraph 7#a7 may include conferences1 seminars1 exchanges1 and other events1 distribution of publications1 and reimbursements of expenses of foreign military personnel participating in the program1 including transportation1 translation and administrative expenses4 7#c7 ,inclusion of ethnic armed organizations ,the exchange program shall1 as appropriate1 include representatives of ,burma's ethnic armed organizations so as not to disadvantage or otherwise undermine efforts to achieve a genuine national cease-fire4 7#d7 ,leahy vetting ,any participants in the exchange program shall be subjected to the regular process for vetting participants in ,united ,states-funded security assistance and training programs1 commonly known as ,leahy vetting1 pursuant to section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d74 7#e7 ,role of nongovernmental organizations ,amounts authorized to be appropriated to carry out this section for a fiscal year are authorized to be made available for nongovernmental organizations to facilitate the implementation of the program authorized under paragraph 7#a74 7#f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjag through #bjai to carry out the program established under this subsection4 7c7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense1 in concurrence with the ,secretary of ,state1 shall submit to the appropriate congressional committees a report1 in both classified and unclassified form1 on the strategy and plans for military-to-military engagement between the ,united ,states ,armed ,forces and the military of ,burma4 7#b7 ,elements ,the report required under paragraph 7#a7 shall include the following elements3 7,a7 ,a description and assessment of the ,government of ,burma's strategy for security sector reform4 7,b7 ,the ,united ,states strategy for the military-to-military relationship between the ,united ,states and ,burma's military forces1 including the military of ,burma1 the ,myanmar ,police ,force1 and armed ethnic groups4 7,c7 ,an assessment of the progress of the military of ,burma towards implementing human rights reforms1 including cooperation with civilian authorities to investigate and resolve cases of human rights violations1 including steps taken to demonstrate respect for laws of war and human rights provisions and a description of the elements of the military-to-military engagement between the ,united ,states and ,burma that promote such implementation4 7,d7 ,an assessment of progress on the peaceful settlement of armed conflicts between the ,government of ,burma and ethnic minority groups4 7,e7 ,a list of ongoing military-to-military activities conducted by the ,united ,states ,government1 including a description of each such activity4 7,f7 ,an update on activities that were listed in previous reporting4 7,g7 ,a list of activities that are planned to occur over the upcoming year1 with a description of each4 7,h7 ,an assessment of progress on the peaceful settlement of armed conflicts between the ,government of ,burma and ethnic minority groups1 including actions taken by the military of ,burma to adhere to cease-fire agreements and withdraw forces from conflict zones1 the impact the armed conflict is having on the displacement of the local population including women and children1 and an assessment of any enhancements of the ,burmese military's capabilities against ethnic minorities4 7d7 ,civilian channels ,any program initiated under this section shall use appropriate civilian government channels with the democratically elected government of ,burma4 7e7 ,regular consultations ,any new program or activity in ,burma initiated under this section shall be subject to prior consultation with the appropriate congressional committees4 7f7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 #h4 ,the ,win ,tin ,burma-,american ,enterprise ,fund 7a7 ,purposes ,the purposes of this section are-- 7#a7 to promote the private sector in ,burma1 including small businesses1 the agricultural sector1 and joint ventures with ,united ,states and ,burmese participants2 7#b7 to promote policies and practices conducive to the private sector in ,burma through loans1 grants1 equity investments1 feasibility studies1 technical assistance1 training1 insurance1 guarantees1 and other measures2 and 7#c7 to support and promote initiatives that-- 7,a7 meet internationally recognized standards for labor 7as established by the ,international ,labour ,organization71 the environment1 transparency1 corruption 7as set forth in the ,united ,nations ,convention against ,corruption71 and human rights2 7,b7 do not harm or displace local communities2 and 7,c7 encourage policies and practices conducive to sustainable1 broad-based rural development and economic opportunity for ,burma's smallholder farmers1 including women and other marginalized groups1 and rural small businesses4 7b7 ,designation of ,burmese-,american enterprise fund ,after consultation with the leadership of each ,house of ,congress1 the ,president may designate a private1 nonprofit organization 7to be known as the ,win ,tin ,burma-,american ,enterprise ,fund7 that the ,president determines has been established for the purposes specified in subsection 7a7 to receive financial assistance and support made available under this ,act4 7c7 ,ineligibility of military-,owned enterprises ,no military-owned enterprises shall be eligible for participation in programs or activities of the ,win ,tin ,burma-,american ,enterprise ,fund4 7d7 ,board of directors 7#a7 ,appointment ,the ,win ,tin ,burma-,american ,enterprise ,fund shall be governed by a ,board of ,directors1 which shall be comprised of not less than #f private citizens of the ,united ,states or ,burma appointed by the ,president1 of which not more than #b may be citizens of ,burma4 7#b7 ,qualifications ,members of the ,board of ,directors shall be selected from among people who have experience1 including experience that is similar to the experience of individuals who previously served on the ,board of ,directors of a successful ,enterprise ,fund established by the ,united ,states ,government on or after ,january #a1 #aiij1 in one or more of the following areas3 7,a7 ,a successful business career in private equity1 banking1 or finance4 7,b7 ,a demonstrated commitment to sustainable rural development4 7,c7 ,engagement in supporting human rights1 democracy1 and economic reform in ,burma4 7#c7 ,additional board members ,upon the recommendation of the ,board of ,directors1 the ,president may appoint up to #b additional members to the ,board 7in addition to the ,directors appointed pursuant to paragraph 7#a771 of which not more than #a may be a non-citizen of the ,united ,states4 7#d7 ,ex officio board members ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall serve as an ex officio member of the ,board4 7e7 ,grants 7#a7 ,in general ,notwithstanding any other provision of law1 amounts appropriated to the ,president pursuant to subsection 7i7 shall be granted to the ,win ,tin ,burma-,american ,enterprise ,fund by the ,united ,states ,agency for ,international ,development to enable the ,fund to carry out the purposes specified in subsection 7a7 and for the administrative expenses of the ,fund4 7#b7 ,eligible programs and projects ,grants awarded under this section may only be used for programs and projects that support the purposes set forth in subsection 7a74 7#c7 ,compliance requirement 7,a7 ,in general ,grants may not be awarded to the ,win ,tin ,burma-,american ,enterprise ,fund under this section unless the ,fund agrees to comply with the requirements under this section4 7,b7 ,grant agreement ,the grant agreement between the ,united ,states ,agency for ,international ,development and the ,win ,tin ,burma-,american ,enterprise ,fund shall state that the ,fund shall end its reinvestment cycle not later than ,december #ca1 #bjbe1 unless the ,administrator of the ,united ,states ,agency for ,international ,development determines1 after consultation with the appropriate congressional committees1 that the ,fund should be extended4 7,c7 ,prevention of money laundering1 terrorist financing1 and corruption ,the grant agreement between the ,united ,states ,agency for ,international ,development and the ,burma-,american ,enterprise ,fund shall state that the ,fund shall comply with procedures specified by the ,secretary of ,state to ensure that grant funds are not provided by the ,fund to or through-- 7i7 any individual1 private or government entity1 or educational institution that advocates1 plans1 sponsors1 engages in1 or has engaged in1 money laundering or terrorist activity2 7ii7 any private entity or educational institution if a principal officer of its governing board is-- 7,i7 involved in or advocating money laundering or terrorist activity2 or 7,,ii7 a member of a designated foreign terrorist organization2 or 7iii7 any individual or entity that is responsible for1 or complicit in ordering1 directing1 or participating in acts of significant corruption or facilitating or transferring the proceeds of corruption to foreign jurisdictions4 7,d7 ,disposition of assets ,all assets of the ,win ,tin ,burma-,american ,enterprise ,fund on the date on which the ,fund is dissolved shall be returned to the ,treasury of the ,united ,states for the purpose of deficit reduction4 7f7 ,notification 7#a7 ,in general ,not later than #ae days before designating an organization to operate as the ,burma-,american ,enterprise ,fund pursuant to subsection 7b71 the ,president shall provide the information described in paragraph 7#b7 to the ,chairman and ,ranking ,member of the appropriate congressional committees4 7#b7 ,information ,the information described in this paragraph is-- 7,a7 the identity of the organization to be designated to operate as the ,win ,tin ,burma-,american ,enterprise ,fund pursuant to subsection 7b72 7,b7 the names and qualifications of the individuals who will comprise the initial ,board of ,directors2 7,c7 the procedures referred to in subsection 7e77#c77;,c7 that will apply to the ,win ,tin ,burma-,american ,enterprise ,fund for purposes of curtailing money laundering and terrorist financing activities2 and 7,d7 the size of the financial grant that shall be made available to the ,win ,tin ,burma-,american ,enterprise ,fund4 7g7 ,reports 7#a7 ,administrative expenses ,not later than one year after the date of the enactment of this ,act1 and annually thereafter until the ,fund is dissolved1 the ,fund shall submit to the appropriate congressional committees a report that details the administrative expenses of the ,fund4 7#b7 ,,gao report ,not later than #c years after the date of the enactment of this ,act1 and every #c years thereafter until the ,fund is dissolved1 the ,comptroller ,general of the ,united ,states shall submit a report to the appropriate congressional committees that assesses the activities of the ,fund in-- 7,a7 achieving the stated goals of promoting private sector investment and employment in ,burma1 including encouraging policies and practices conducive to sustainable1 broad-based rural development and economic opportunity for ,burma's smallholder farmers1 including women and other marginalized groups1 and rural small businesses2 and 7,b7 identifying those institutional or regulatory constraints that inhibit a more effective application of ,fund resources4 7h7 ,operation provisions 7#a7 ,applicable provisions ,subsections 7d77#e71 7g71 7h71 7i71 7k71 7l71 7m71 7n71 7o71 and 7p7 of section #bja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7#bb ,u4,s4,c4 #edba7 shall apply with respect to the ,win ,tin ,burma-,american ,enterprise ,fund in the same manner as such provisions apply to ,enterprise ,funds designated pursuant to subsection 7d7 of such section4 7#b7 ,reinvestment ,returns on investments of the ,win ,tin ,burma-,american ,enterprise ,fund and other payments to the ,fund may be reinvested in projects carried out by the ,fund without further appropriation by ,congress4 7#c7 ,best practices and procedures ,to the maximum extent practicable1 the ,board of ,directors of the ,win ,tin ,burma-,american ,enterprise ,fund should adopt the best practices and procedures used by ,enterprise ,funds1 including those for which funding has been made available pursuant to section #bja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7#bb ,u4,s4,c4 #edba74 7#d7 ,experience of other enterprise funds ,in implementing this ,act1 the ,president shall ensure that the ,articles of ,incorporation of the ,win ,tin ,burma-,american ,enterprise ,fund 7including provisions specifying the responsibilities of the ,board of ,directors of the ,fund71 the terms of ,united ,states ,government grant agreements with the ,fund1 and ,united ,states ,government oversight of the ,fund are1 to the maximum extent practicable1 consistent with the ,articles of ,incorporation of1 the terms of grant agreements with1 and the oversight of the ,enterprise ,funds designated pursuant to section #bja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7#bb ,u4,s4,c4 #edba7 and comparable provisions of law4 7i7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,president such sums as may be necessary to provide funding for grants to the ,burma-,american ,enterprise ,fund1 which shall be used for the purposes specified in subsection 7a74 7#b7 ,availability of funds ,amounts appropriated pursuant to paragraph 7#a7 shall remain available until expended4 7j7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees defined ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,corrupt actor ,the term corrupt actor means-- 7,a7 any foreign person or entity that is a government official or government entity responsible for1 or complicit in-- 7i7 ordering or otherwise directing acts of significant corruption2 or 7ii7 facilitating or transferring the proceeds of corruption to foreign jurisdictions2 or 7,b7 any entity1 in which a person or entity described in subparagraph 7,a7 has a significant stake1 which is complicit in-- 7i7 directing or participating in significant corruption2 or 7ii7 facilitating or transferring the proceeds of corruption to foreign jurisdictions4 7#c7 ,corruption ,the term corruption means the extent to which public power is exercised for private gain1 including by bribery1 nepotism1 fraud1 or embezzlement4 #i4 ,eligibility of ,burma for ,generalized ,system of ,preferences 7a7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the eligibility of ,burma for preferential tariff treatment under the ,generalized ,system of ,preferences under title ,v of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfa et seq47 would-- 7,a7 advance the goal of the ,united ,states of increasing economic integration across ,asia2 7,b7 further a constructive economic dialogue with ,burma2 and 7,c7 serve as a catalyst for ,burma-- 7i7 to abide by international trade norms1 including internationally recognized core labor standards2 and 7ii7 to continue the process of economic liberalization2 7#b7 strengthening trade ties between the ,united ,states and ,burma will have a meaningful impact on the people of the ,united ,states and the people of ,burma2 and 7#c7 ,burma has met international core labor standards established by the ,international ,labour ,organization and the other criteria for eligibility for the ,generalized ,system of ,preferences under title ,v of the ,trade ,act of #aigd4 7b7 ,engagement ,the ,united ,states ,trade ,representative1 in coordination with the ,secretary of ,state and the ,secretary of the ,treasury1 should-- 7#a7 work with the ,government of ,burma to help ,burma achieve eligibility for the ,generalized ,system of ,preferences2 and 7#b7 actively engage with and urge other countries to support the eligibility of ,burma for the ,generalized ,system of ,preferences4 #aj4 ,strategy for promoting transparency and good governance in ,burma's jadeite and gemstone sector 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the appropriate officials of the ,government of ,burma1 the ,secretary of the ,treasury1 and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit to the appropriate congressional committees a strategy to promote transparency and good governance in the jadeite1 ruby1 and gemstones sector of ,burma in accordance with the decision of the ,government of ,burma on ,june #bh1 #bjaf1 relating to licenses and establishing a new legal framework4 7b7 ,elements ,in order to support the efforts of ,government of ,burma1 the strategy required by subsection 7a7 shall include the following elements3 7#a7 ,a plan to develop stronger governance1 transparency1 and economic institutions that can improve transparency and reduce exploitation in the gemstones industry of ,burma by senior military figures and their associates 7both directly and indirectly71 military-owned enterprises1 external actors1 ethnic armed groups1 and figures flagged by ,united ,states counter-narcotics sanctions1 and promote local and regional economic development4 7#b7 ,a plan to provide guidance to commercial entities seeking to formalize their chain of custody and to exercise risk-based due diligence on their gemstone supply chains1 to help such entities fulfil their responsibility to respect human rights and avoid directly or indirectly contributing to conflict through their sourcing decisions1 including the choice of their suppliers4 7#c7 ,a plan to support the implementation of transparency provisions in the gemstone industry in line with best practice ,extractive ,industries ,transparency ,initiative requirements and recommendations1 including the publication of beneficial ownership information1 contract terms1 and gemstone sales and revenue payments broken down by project4 7#d7 ,a plan to ensure licenses to export jadeite and rubies contain adequate safeguards against conflicts of interest and corruption and take into account bidder histories1 including credible allegations of links to the military junta1 narcotics trade1 human rights abuses1 or adverse social or environmental impacts4 7#e7 ,a plan to ensure that ethnic reconciliation and peace negotiations include a process to achieve consensus over resource sharing of jadeite1 rubies1 and other gemstones that takes into account community concerns with respect to equity1 responsibility1 and transparency management1 and the sustainability of production and environmental and social impacts4 7#f7 ,a plan to assist the ,government of ,burma in the governance of the gemstones industry1 including building necessary capacity1 legal structures1 auditing and financial structures1 evaluation of remaining reserves1 and other elements as may be necessary to ensure the sustainable and legal governance of the gemstones industry4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #aa4 ,report on modifications to the ,,jade ,act and certain ,executive orders 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 shall submit to ,congress a report-- 7#a7 assessing the advisability of modifying section #e7;h7 of the ,tom ,lantos ,block ,burmese ,,jade 7,junta's ,anti-,democratic ,efforts7 ,act of #bjjh 7,public ,law #aaj-bhf1 #ej ,u4,s4,c4 #agja note7 7commonly referred to as the ,,jade ,act7 relating to the termination of sanctions under that ,act2 7#b7 assessing the advisability of modifying or rescinding ,executive ,order #acddh 7#gb ,fed4 ,reg4 #fjbbc2 relating to blocking property and prohibiting certain transactions related to ,burma71 ,executive ,order #acdfd 7#gc ,fed4 ,reg4 #bddia2 relating to blocking property and prohibiting certain transactions related to ,burma71 ,executive ,order #acfai 7#gg ,fed4 ,reg4 #dabdc2 relating to blocking property of persons threatening the peace1 security1 or stability of ,burma71 and ,executive ,order #acfea 7#gh ,fed4 ,reg4 #dhgic2 relating to prohibiting certain imports of ,burmese jadeite and rubies72 and 7#c7 making recommendations under subsection 7b7 for criteria to be considered in modifying or eliminating sanctions under the ,,jade ,act and such ,executive orders and formulating ,united ,states policy after eliminating such sanctions4 7b7 ,recommendations 7#a7 ,in general ,the report required by subsection 7a7 shall include-- 7,a7 an explanation of how sanctions1 or the modification or elimination of sanctions1 are supportive of the overall strategy of the ,united ,states toward ,burma2 7,b7 recommendations with respect to the treatment of military-owned enterprises2 and 7,c7 recommendations on the advisability and applicability of the benchmarks or conditions described in paragraph 7#b7 as criteria to be considered in modifying or eliminating sanctions under the ,,jade ,act and the ,executive orders specified in subsection 7a77#b7 with respect to an entity1 along with such other conditions as the ,secretary considers appropriate1 and an assessment of whether the military of ,burma as constructed as of the date of the report is covered or has met those criteria4 7#b7 ,benchmarks and conditions ,the benchmarks or conditions described in this paragraph are1 with respect to an entity that is a successor or affiliate of the military of ,burma or controlled by former members of the military of ,burma1 that the entity-- 7,a7 unconditionally releases all political prisoners1 including those awaiting trial or sentencing2 7,b7 allows humanitarian access to populations affected by armed conflict in all regions of ,burma2 7,c7 supports the peace process and governance reforms initiated by the #bast ,century ,panglong ,peace ,conference1 with the full and unfettered participation of all the people of ,burma and in a manner that promotes and protects democratic development of ,burma2 7,d7 enters into a substantive dialogue with democratic forces led by the ,national ,league for ,democracy and the ethnic minorities of ,burma on transitioning to democratic government under the rule of law2 7,e7 supports legal reforms for the jadeite1 ruby1 and other extractive industries1 which include responsible1 transparent1 and accountable management in manner that promotes peace and includes civil society oversight and equitable resource sharing principles2 7,f7 supports an end to offensives against ethnic nationalities and the creation of a peaceful ,federal union acceptable to the people of ,burma2 7,g7 supports a meaningful and inclusive dialogue toward national reconciliation2 and 7,h7 completely ceases ties with ,north ,korea4 #ab4 ,sense of ,congress on criteria for removal of persons from ,,sdn list for activities relating to ,burma 7a7 ,in general ,it is the sense of ,congress that the ,president should1 in determining whether to remove a person from the ,,sdn list if the person is on that list for activities relating to ,burma1 consider the following criteria3 7#a7 ,the person is not aiding or indirectly participating in any organization that promotes the repressive policies of the military of ,burma1 including-- 7,a7 any successor of the ,state ,peace and ,development ,council2 7,b7 any organization controlled by former ,state ,peace and ,development ,council members2 or 7,c7 any military-controlled enterprise4 7#b7 ,the person is not aiding or directly participating in credible allegations of gross violations of human rights in ,burma1 including against ,rohingya and other minority groups4 7#c7 ,the person is not advocating violence against ethnic or religious groups and individuals in ,burma1 including through membership in such organizations as the ,association for the ,protection of ,nationality and ,religion 7commonly known as ,ma ,ba ,tha74 7#d7 ,the person is not aiding or directly participating in practices that would be prohibited by the ,foreign ,corrupt ,practices ,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#c et seq47 if such practices were conducted in the ,united ,states or by a domestic concern 7as defined in section #ajd of that ,act 7#ae ,u4,s4,c4 #gh;dd-#c774 7#e7 ,the person is not aiding or directly participating in facilitating military relations between the ,government of ,burma and the ,government of ,north ,korea4 7#f7 ,the person is not aiding or directly engaging in business deals with narcotics traffickers under indictment by the ,united ,states or other producers or traffickers of narcotics4 7#g7 ,the person is fulfilling any applicable domestic requirements to produce environmental and social impact assessments4 7#h7 ,the person is complying with applicable domestic processes to satisfactorily address community grievances and concerns and a monitoring process to ensure proper implementation of measures to address those grievances and concerns4 7#i7 ,the person is complying with international standards on transparency1 labor1 the environment1 and human rights with respect to engaging in business deals in the jadeite1 rubies1 or timber industries1 including deals with businesses that directly support those industries1 including through the provision of equipment1 in accordance with the ,government of ,burma's legal reforms in those sectors4 7b7 ,,sdn list defined ,in this section1 the term ,,sdn list means the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4