,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ehai ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjah,mr4 ,engel 7for himself1 ,mr4 ,chabot1 ,mr4 ,crowley1 ,mr4 ,royce of ,california1 ,mr4 ,sherman1 ,mr4 ,yoho1 ,mr4 ,castro of ,texas1 ,mrs4 ,wagner1 ,mr4 ,cicilline1 ,mr4 ,mc,caul1 ,mr4 ,sires1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,costa1 ,mr4 ,denham1 ,mr4 ,deutch1 ,mr4 ,poe of ,texas1 ,ms4 ,bass1 ,mr4 ,king of ,new ,york1 ,ms4 ,titus1 ,mr4 ,cook1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,meadows1 ,mr4 ,connolly1 ,mr4 ,thomas ,j4 ,rooney of ,florida1 ,ms4 ,speier1 ,ms4 ,ros-,lehtinen1 ,mr4 ,cohen1 ,mr4 ,soto1 ,ms4 ,jenkins of ,kansas1 ,mr4 ,mc,govern1 ,mr4 ,garrett1 ,ms4 ,schakowsky1 ,mr4 ,donovan1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,comstock1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,coffman1 ,ms4 ,lofgren1 ,mr4 ,lance1 ,mr4 ,lowenthal1 ,mr4 ,costello of ,pennsylvania1 ,ms4 ,pingree1 ,mr4 ,bilirakis1 ,mr4 ,blumenauer1 ,mr4 ,rutherford1 ,mr4 ,pocan1 ,mr4 ,russell1 ,mr4 ,rush1 ,ms4 ,bonamici1 ,mr4 ,culberson1 ,ms4 ,mc,collum1 ,ms4 ,norton1 ,mr4 ,delaney1 ,mr4 ,pallone1 ,mr4 ,cartwright1 ,ms4 ,esty of ,connecticut1 ,mr4 ,brady of ,pennsylvania1 ,ms4 ,eshoo1 ,ms4 ,moore1 ,ms4 ,lee1 ,mr4 ,moulton1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,khanna1 ,mr4 ,welch1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,hastings1 and ,mr4 ,beyer7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on the ,judiciary1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote democracy and human rights in ,burma1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,burma ,unified through ,rigorous ,military ,accountability ,act of #bjah or the ,,burma ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,appropriate congressional committees defined4 ,title ,i--,,matters ,,relating ,,to ,,the ,,conflict ,,in ,,burma ,sec4 #aja4 ,findings4 ,sec4 #ajb4 ,statement of policy4 ,sec4 #ajc4 ,sense of ,congress with respect to humanitarian assistance1 freedom of movement1 and rights of returnees4 ,sec4 #ajd4 ,sense of ,congress on press freedom4 ,sec4 #aje4 ,sense of ,congress with respect to imposition of sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act4 ,title ,,ii--,,assistance ,,and ,,sanctions ,,with ,,respect ,,to ,,burma ,sec4 #bja4 ,authorization for humanitarian assistance and reconciliation4 ,sec4 #bjb4 ,limitation on security assistance and military and security sector cooperation4 ,sec4 #bjc4 ,imposition of sanctions with respect to certain foreign persons4 ,sec4 #bjd4 ,forfeiture of property4 ,title ,,iii--,,governance ,,of ,,the ,,burmese ,,mining ,,and ,,gemstone ,,sector ,sec4 #cja4 ,sense of ,congress on the ,burmese mining sector and the importation of ,burmese gemstones or minerals4 ,sec4 #cjb4 ,responsibility and transparency in the mining sector4 ,title ,,iv--,,accountability ,,for ,,human ,,rights ,,abuses ,,and ,,strategy ,,for ,,economic ,,growth ,sec4 #dja4 ,determination and report on accountability for ethnic cleansing1 crimes against humanity1 and genocide in ,burma4 ,sec4 #djb4 ,strategy for promoting economic growth and development4 #b4 ,appropriate congressional committees defined ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives2 and 7#b7 the ,committee on ,foreign ,relations and the ,committee on ,armed ,services of the ,senate4 ,i ,,matters ,,relating ,,to ,,the ,,conflict ,,in ,,burma #aja4 ,findings ,congress finds the following3 7#a7 ,on ,august #be1 #bjag1 ,burmese military and security forces violently and disproportionately responded to an attack on security outposts1 resulting in a mass exodus of ,rohingya from the ,rakhine ,state of ,burma into ,bangladesh1 which the ,international ,organization of ,migration called unprecedented in terms of volume and speed4 7#b7 ,between ,august #bjag and ,march #bjah1 in response to the violence perpetrated by the ,burmese military and security forces1 the ,united ,nations estimates more than #fic1jjj ,rohingya1 approximately #gh percent of whom are women and children1 have fled to ,bangladesh1 fearing loss of life1 livelihoods1 and shelter4 7#c7 ,despite the steps taken toward democracy in ,burma1 there exists limited control by the civilian government over civilian agencies and no meaningful civilian control over the military or security forces that carried out the violence in ,rakhine ,state and that continues to engage in grave human rights abuses against ethnic minorities throughout in the country4 7#d7 ,both government- and military-initiated investigations into human rights abuses in ,burma involving violence between ethnic minorities and ,burmese security forces have failed to yield credible results or meaningfully hold perpetrators accountable4 7#e7 ,in a public address on ,october #ab1 #bjag1 ,state ,counsellor ,aung ,san ,suu ,kyi laid out the following goals for the ,state of ,rakhine3 7,a7 ,repatriation of those who have crossed over to ,bangladesh4 7,b7 ,effective provision of humanitarian assistance4 7,c7 ,resettlement of displaced populations4 7,d7 ,economic development and durable peace4 7#f7 ,due to restrictions enforced by the ,rakhine ,state government and the military and security forces1 there has been little progress made since that time and limited ability for the international community to meaningfully support1 verify1 or evaluate the ,government of ,burma's efforts4 ,there are also credible reports of ,burmese military and security forces bulldozing villages where violence occurred1 thus destroying physical evidence of what may have occurred there4 7#g7 ,human rights organizations have reported and documented a campaign of violence perpetrated by the security forces of ,burma1 which indiscriminately fired on and killed civilians1 raped women and girls1 and arbitrarily arrested ,rohingya men without any cause or charges4 ,satellite images obtained by ,amnesty ,international reveal that1 out of the approximately #dgj villages in northern ,rakhine ,state1 nearly #cjj were partially or completely destroyed by fire since ,august #be1 #bjag1 most of which were completely or partially populated by ,rohingya ,muslims4 7#h7 ,on ,october #aj1 #bjag1 at a hearing before the ,house ,foreign ,affairs ,committee1 the ,deputy ,assistant ,secretary of ,state for ,population1 ,refugees1 and ,migration ,mark ,storella testified that of the #dcd1jjj1jjj required by the ,united ,nations for emergency response in the first #f months of this crisis1 in fiscal year #bjag1 the ,united ,states contributed nearly #ajd million in assistance to the displaced populations in ,burma for refugees from ,burma throughout the region4 7#i7 ,the ,united ,nations ,joint ,response ,plan to fund assistance to ,rohingya refugees and the host community in ,bangladesh through the end of #bjah requires almost #a1jjj1jjj1jjj in assistance4 7#aj7 ,on ,november #bb1 #bjag1 ,secretary of ,state ,rex ,tillerson stated that1 ,after careful and through analysis of available facts1 it is clear that the situation in northern ,rakhine state constitutes ethnic cleansing against the ,rohingya4 ,those responsible for these atrocities must be held accountable4 ,he also said the violence has a number of characteristics of certainly crimes against humanity4 7#aa7 ,yanghee ,lee1 the ,united ,nations ,special ,rapporteur on the situation of human rights in ,myanmar said1 ,i am becoming more convinced that the crimes committed following #i ,october #bjaf and #be ,august #bjag bear the hallmarks of genocide and call in the strongest possible terms for accountability4 7#ab7 ,on ,december #ab1 #bjag1 ,wa ,lone and ,kyaw ,soe ,oo1 two ,reuters reporters covering the crisis in ,rakhine ,state1 were entrapped1 arrested1 and charged with violating the ,official ,secrets ,act1 continuing a trend of restricting media and free speech and attempting to thwart coverage of the events in ,rakhine ,state4 #ajb4 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 support a complete transition to democracy and genuine national reconciliation in ,burma which cannot be achieved without appropriate accountability for the atrocities committed by the ,burmese military against the ,rohingya population and other ethnic minorities throughout the country2 7#b7 pursue a strategy of calibrated engagement1 which is essential to support the establishment of a peaceful1 prosperous1 and democratic ,burma that includes respect for the human rights of all its people regardless of ethnicity and religion2 and 7#c7 ensure that the guiding principles of such a strategy include-- 7,a7 supporting meaningful legal and constitutional reforms that remove remaining restrictions on civil and political rights and ensure civilian governance1 including reforms to the current constitutional provision reserving #be percent of parliamentary seats for appointments by the military1 which provides the military with veto power over constitutional amendments2 7,b7 establishing a fully democratic1 pluralistic1 and representative political system that includes regularized free and fair elections in which all people of ,burma can vote2 7,c7 promoting genuine national reconciliation1 the conclusion of a credible and sustainable nationwide cease-fire agreement1 including political accommodation of ethnic ,shan1 ,kachin1 ,chin1 ,karen1 and other ethnic groups1 measures to address natural resource governance and revenue-sharing1 and constitutional change enabling inclusive1 permanent peace2 7,d7 ensuring accountability for human rights abuses1 ethnic cleansing1 crimes against humanity1 or genocide perpetrated against the ,rohingya1 ,kachin1 ,shan1 ,chin1 and other ethnic minorities by the military of ,burma and other combatants involved in the conflict2 7,e7 strengthening civilian institutions in the government1 including support for greater transparency and accountability2 7,f7 establishing professional and nonpartisan military1 security1 and police forces that operate under civilian control1 subject to civilian oversight1 and are held fully accountable for human rights abuses1 corruption1 or other abuses of power2 7,g7 combating rampant corruption and illegal economic activity1 including that which involves the military and its close allies2 7,h7 empowering local communities1 civil society1 and independent media2 7,i7 ensuring that the ,government of ,burma provides full citizenship for the ,rohingya population in ,burma as well as for those displaced in ,bangladesh2 7,j7 promoting responsible international and regional engagement2 7,k7 strengthening respect for and protection of human rights and religious freedom2 and 7,l7 addressing and ending the humanitarian and human rights crises and supporting the ability of the displaced ,rohingya to voluntarily return to their homes1 under safe1 dignified1 and internationally approved conditions4 #ajc4 ,sense of ,congress with respect to humanitarian assistance1 freedom of movement1 and rights of returnees 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 significant and sustained international support1 from both public and private sources1 will be necessary to address the medium- and long-term impacts of the crisis in ,burma and the impact of the crisis on ,bangladesh2 and 7#b7 the ,united ,states should make resolving the ,rohingya crisis one of its top priorities in its engagement with regional institutions such as the ,association of ,southeast ,asian ,nations4 7b7 ,restoration of humanitarian access and accountability in ,rakhine ,state ,congress calls on the ,government of ,burma and ,burmese security forces to ensure complete and unfettered humanitarian access in the ,state of ,rakhine and to support an independent international fact-finding mission to investigate allegations of ethnic cleansing1 crimes against humanity1 and genocide4 7c7 ,rights of refugees1 internally displaced persons1 and returnees ,congress calls on the ,government of ,burma to-- 7#a7 ensure that ,rohingya have freedom of movement and under no circumstances are subject to unsafe1 involuntary1 or uninformed repatriation2 7#b7 create conditions for return of those displaced from their homes by fully implementing the recommendations of the ,advisory ,commission on ,rakhine ,state and implementing full and equal citizenship2 7#c7 to work closely with the international community including the ,united ,nations ,high ,commissioner for ,refugees to ensure the dignified1 safe1 and voluntary return of all those displaced from their homes1 especially from ,rakhine ,state1 without an unduly high burden of proof2 and 7#d7 to offer to those refugees who do not want to return a meaningful alternative1 including compensation or restitution4 #ajd4 ,sense of ,congress on press freedom ,it is the sense of ,congress that in order to promote the freedom of the press in ,burma-- 7#a7 ,wa ,lone and ,kyaw ,soe ,oo should be immediately and unconditionally released and should have access to legal counsel and to their families2 and 7#b7 the decision to use a colonial-era law to arrest these reporters underscores the need for serious legal reform1 including reform of the ,official ,secrets ,act1 #aibc and the ,unlawful ,association ,act1 #aijh4 #aje4 ,sense of ,congress with respect to imposition of sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act ,it is the sense of ,congress that the ,president should impose appropriate sanctions under the ,global ,magnitsky ,human ,rights ,accountablity ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #acj ,stat4 #becc2 #bb ,u4,s4,c4 #bfef note7 against officials and other persons in ,burma who are responsible for gross violations of internationally recognized human rights or acts of significant corruption4 ,,ii ,,assistance ,,and ,,sanctions ,,with ,,respect ,,to ,,burma #bja4 ,authorization for humanitarian assistance and reconciliation ,there is authorized to be appropriated #aea1fjj1jjj for fiscal year #bjai for humanitarian assistance for ,burma1 ,bangladesh1 and the surrounding region1 including-- 7#a7 assistance for the victims of the ,burmese military's ethnic cleansing campaign targeting the ,rohingya in ,rakhine ,state1 including those displaced in ,bangladesh1 ,burma1 and the surrounding region2 7#b7 support for voluntary resettlement or repatriation efforts regionally2 and 7#c7 humanitarian assistance to victims of violence and destruction in ,rakhine ,state4 #bjb4 ,limitation on security assistance and military and security sector cooperation 7a7 ,limitation on military and security sector cooperation ,except as provided in subsection 7b71 the ,united ,states may not provide any security assistance or engage in any military-to-military programs with the military or security forces of ,burma1 including through training1 observation1 or participation in regional exercises1 until the date on which the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 certifies to the appropriate congressional committees that the military and security forces of ,burma have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful and significant security sector reform1 including reforms that enhance transparency and accountability1 to prevent future abuses and that each of the following criteria have been met3 7#a7 ,the ,burmese military and security forces adhere to international humanitarian law1 demonstrate significant progress in abiding by international standards for human rights1 and pledge to stop future human rights abuses4 7#b7 ,the ,burmese military and security forces support efforts to carry out meaningful and comprehensive investigations of alleged abuses and are taking steps to hold accountable those members of such military and security forces responsible for human rights abuses4 7#c7 ,the ,government of ,burma1 including the military and security forces1 allow immediate and unfettered humanitarian access to communities in areas affected by conflict1 including ,rohingya communities in the ,state of ,rakhine4 7#d7 ,the ,government of ,burma1 including the military and security forces1 cooperates with the ,united ,nations ,high ,commissioner for ,refugees and organizations affiliated with the ,united ,nations to ensure the protection of displaced persons and the safe1 voluntary1 and dignified return of refugees and internally displaced persons4 7#e7 ,the ,burmese military and security forces cease their attacks against ethnic minority groups and constructively participate in the conclusion of a credible1 nationwide ceasefire agreement1 political accommodation1 and constitutional change1 including the restoration of the citizenship of the ,rohingya4 7#f7 ,the ,government of ,burma1 including the military and security forces1 defines a transparent plan with a binding timeline for professionalizing the military and security forces and includes a process by which the military withdraws from private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics4 7#g7 ,the ,government of ,burma establishes effective civilian control over the finances of its military and security forces1 including by ensuring that the military does not have access to off-budget income and that military expenditures are subject to adequate civilian oversight4 7b7 ,exceptions 7#a7 ,certain existing authorities ,the ,secretary of ,defense shall retain the authority to conduct consultations with ,burma pursuant to the authorization under section #abec of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#bb ,u4,s4,c4 #baea note74 7#b7 ,hospitality ,the ,secretary of ,state and the ,united ,states ,agency for ,international ,development may provide assistance authorized under part ,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 to provide hospitality during research1 dialogues1 meetings1 or other activities by the parties attending the ,union ,peace ,conference #bast ,century ,paneling or related processes seeking inclusive1 sustainable reconciliation4 7c7 ,military reform ,the certification required under subsection 7a7 shall include a written justification in unclassified form that may contain a classified annex describing the ,burmese military's efforts to implement reforms1 end impunity for human rights abuses1 and increase transparency and accountability4 7d7 ,rule of construction ,nothing in this ,act may be construed to authorize the ,secretary of ,defense to provide assistance to the ,government of ,burma except as provided in this section4 7e7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,defense and the ,secretary of ,state shall submit to the appropriate congressional committees a report1 in unclassified form with a classified annex1 on the strategy and plans for military-to-military engagement between the ,united ,states ,armed ,forces and the military and security forces 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 reform1 including plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illicit trade in jade and other natural resources1 reforms to end corruption and illicit drug trafficking1 and constitutional reforms to ensure civilian control4 7,b7 ,a list of ongoing military activities conducted by the ,united ,states ,government with the ,government of ,burma1 and a description of the ,united ,states strategy for future military-to-military engagements between the ,united ,states and ,burma's military and security forces1 including the military of ,burma1 the ,burma ,police ,force1 and armed ethnic groups4 7,c7 ,an assessment of the progress of the military and security forces of ,burma towards developing a framework to implement human right reforms1 including-- 7i7 cooperation with civilian authorities to investigate and prosecute cases of serious1 credible1 or gross human rights abuses2 7ii7 steps taken to demonstrate respect for and implementation of the laws of war2 and 7iii7 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 groups1 including actions taken by the military of ,burma to adhere to cease-fire agreements1 allow for safe and voluntary returns of displaced persons to their homes1 and withdraw forces from conflict zones4 7,e7 ,an assessment of the ,burmese's military recruitment and use of children as soldiers4 7,f7 ,an assessment of the ,burmese's military's use of violence against women1 sexual violence1 or other gender-based violence as a tool of terror1 war1 or ethnic cleansing4 7f7 ,regular consultations ,any new program or activity carried out under this section shall be subject to prior consultation with the appropriate congressional committees4 #bjc4 ,imposition of sanctions with respect to certain foreign persons 7a7 ,in general ,for the #h-year period beginning on the date that is #bgj days after the date of the enactment of this ,act1 the ,president shall impose the sanctions described in subsection 7b7 with respect to each foreign person that the ,president determines-- 7#a7 is a current or former senior official of the military or security forces of ,burma who knowingly-- 7,a7 perpetrated or is responsible for ordering or otherwise directing serious human rights abuses in ,burma2 or 7,b7 failed to investigate serious human rights abuses allegedly committed by one or more subordinates of such official1 including against the ,rohingya community in the state of ,rakhine2 7#b7 is an entity owned or controlled by any person described in paragraph 7#a72 and 7#c7 has knowingly provided or received significant financial1 material1 or technological support to or from a foreign person1 including the immediate family members of such person1 described in paragraph 7#a7 for any of the acts described in subparagraph 7,a7 or 7,b7 of such paragraph4 7b7 ,sanctions ,the sanctions described in this section are the following3 7#a7 ,asset blocking ,notwithstanding the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja71 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 person the ,president determines meets one or more of the criteria described in subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens ineligible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien who the ,secretary of ,state or the ,secretary of ,homeland ,security 7or a designee of one of such ,secretaries7 knows1 or has reason to believe1 meets any of the criteria described in subsection 7a7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the issuing consular officer1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security 7or a designee of one of such ,secretaries7 shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection 7a7 regardless of when issued4 7ii7 ,effect of revocation ,a revocation under clause 7i7-- 7,i7 shall take effect immediately2 and 7,,ii7 shall automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7#c7 ,exception to comply with ,united ,nations ,headquarters ,agreement ,sanctions under paragraph 7#b7 shall not apply to an alien if admitting the alien into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,penalties ,any person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out subsection 7b7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7d7 ,exceptions ,subsection 7b77#b7 shall not apply to the admission of an individual to the ,united ,states if such admission is necessary to comply with ,united ,states obligations under the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 or under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or other international obligations of the ,united ,states4 7e7 ,implementation ,the ,president may exercise the authorities provided under section #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7f7 ,waiver 7#a7 ,in general ,the ,president may annually waive the application of sanctions required by subsection 7a7 with respect to a person if the ,president-- 7,a7 determines that such waiver is in the national interest of the ,united ,states2 and 7,b7 not later than the date on which such waiver will take effect1 submits to the congressional committees listed in paragraph 7#b7 a notice of and justification for such waiver4 7#b7 ,congressional committees listed ,the congressional committees listed in this paragraph are the following3 7,a7 ,the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 and the ,committee on ,financial ,services of the ,house of ,representatives4 7,b7 ,the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7g7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #ajja74 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,knowingly ,the term knowingly means1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen1 an alien lawfully admitted for permanent residence to the ,united ,states1 or any other individual subject to the jurisdiction of the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such entity4 #bjd4 ,forfeiture of property 7a7 ,amendment to property subject to forfeiture ,section #iha7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,j7 ,any property1 real or personal1 that is involved in a violation or attempted violation of1 or which constitutes or is derived from proceeds traceable to1 a prohibition imposed pursuant to section #bjc of the ,burma ,unified through ,rigorous ,military ,accountability ,act of #bjah4 4 7b7 ,amendment to definition of civil forfeiture ,section #ihc7;i77#b77;,d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking 1 or the and inserting 1 the2 and 7#b7 by adding at the end before the semicolon the following3 1 or section #bjc of the ,burma ,united through ,rigorous ,military ,accountability ,act of #bjah4 ,,iii ,,governance ,,of ,,the ,,burmese ,,mining ,,and ,,gemstone ,,sector #cja4 ,sense of ,congress on the ,burmese mining sector and the importation of ,burmese gemstones or minerals 7a7 ,findings ,congress finds the following3 7#a7 ,in #bjae1 the nongovernmental organization ,global ,witness estimated that the value of total production of jade in ,burma in #bjad was #ca1jjj1jjj1jjj1 almost #dh percent of the official gross domestic product of ,burma4 ,as much as #hj percent of that jade sold is smuggled out of ,burma4 7#b7 ,burma's military and associated entities1 including companies owned or controlled by ,myanmar ,economic ,corporation and ,myanmar ,economic ,holding ,limited1 their affiliated companies and companies owned or controlled by current and former senior military officers or their family members1 are deeply embedded in the mining sector1 including the gemstone industry1 and benefit financially from widespread illicit smuggling of jade and rubies from ,burma4 7#c7 ,illegal trafficking in precious and semiprecious stones from ,burma1 including the lucrative trade in high-value jade and rubies1 deprives the people of ,burma and the civilian government of critical revenue and instead benefits military-linked entities1 non-state armed groups1 and transnational organized criminal networks4 7#d7 ,the ,government of ,burma has begun to take steps to reform aspects of the mining sector1 including governance in the gemstone industry by temporarily suspending the issuance or renewal of jade and gemstone mining permits2 commissioning an environmental management plan for some mining areas2 and establishing the multi-stakeholder ,jade and ,gemstone ,support ,committee under the ,ministry of ,natural ,resources and ,environmental ,conservation to develop recommendations for a new industry-wide policy and limited gemstone payment disclosures under the ,myanmar ,extractives ,industry transparency ,initiative4 7#e7 ,the lifting in ,october #bjaf of ,united ,states sanctions on the importation of jadeite and rubies from ,burma allowed such gemstones to legally enter the ,united ,states market1 but some retailers have refrained from sourcing gemstones of ,burmese origin due to governance and reputational concerns4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states should deepen engagement with the ,government of ,burma with respect to the mining sector and should make available technical1 capacity-building and other assistance through the ,department of ,state or the ,united ,states ,agency for ,international ,development to support the ,government of ,burma in efforts to reform the gemstone industry2 and 7#b7 companies that seek to import into the ,united ,states gemstones or minerals that may be of ,burmese origin or articles of jewelry containing such gemstones should-- 7,a7 obtain such materials exclusively from entities that satisfy the transparency criteria described in section #cjb7;b7 or from third parties that can credibly demonstrate that they sourced the materials from entities that meet such criteria2 and 7,b7 undertake robust due diligence procedures in line with the ,due ,diligence ,guidance for ,responsible ,business ,conduct and ,due ,diligence ,guidance for ,responsible ,supply ,chains of ,minerals from ,conflict-,affected and ,high-,risk ,areas of the ,organization for ,economic ,cooperation and ,development4 #cjb4 ,responsibility and transparency in the mining sector 7a7 ,list of participating entities 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 and not less than annually thereafter until the date described in subsection 7e71 the ,secretary of ,state shall submit to the appropriate congressional committees a list of the entities described in each of subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 that-- 7,a7 participate in ,burma's mining sector2 7,b7 meet the criterion described in subsection 7b77#a72 and 7,c7 meet or have made significant progress towards meeting the criteria in subsections 7b77#b7 through 7b77#e74 7#b7 ,entities described ,the entities described in this paragraph are the following3 7,a7 ,entities that produce or process precious and semiprecious gemstones4 7,b7 ,entities that sell or export precious and semiprecious gemstones from ,burma or articles of jewelry containing such gemstones4 7b7 ,criteria described ,the criteria described in this subsection are the following with respect to an entity3 7#a7 ,the entity publicly discloses beneficial ownership1 as such term is defined for purposes of the ,myanmar ,extractive ,industry ,transparency ,initiative 7,myanmar ,,eiti71 and the entity is not owned or controlled1 either directly or indirectly1 by the ,burmese military or security forces1 any current or former senior ,burmese military officer1 or any person sanctioned by the ,united ,states pursuant to any relevant sanctions authority4 7#b7 ,the entity publicly discloses any politically exposed persons as defined by the ,extractive ,industry ,transparency ,initiative who are beneficial owners as defined under the ,myanmar ,,eiti4 7#c7 ,the entity publicly discloses valid authorization1 license1 or permit to produce1 process1 sell1 or export minerals or gemstones1 as applicable4 7#d7 ,the entity publicly discloses payments to the ,government of ,burma1 including tax and non-tax1 license1 or royalty payments1 and other payments or contract terms as may be required under ,myanmar ,extractive ,industry ,transparency ,initiative standards4 7#e7 ,the entity undertakes robust due diligence1 in line with the ,,oecd ,due ,diligence ,guidance for ,responsible ,supply ,chains of ,minerals from ,conflict-,affected and ,high-,risk ,areas1 including public reporting4 7c7 ,publication of list ,the ,secretary of ,state shall publish the list under subsection 7a7 and shall periodically update such list as appropriate4 7d7 ,guidance ,the ,secretary of ,state shall issue guidance to relevant companies regarding supply-chain due diligence best practices applicable to importation of gemstones or minerals that may be of ,burmese origin or articles of jewelry containing such gemstones to mitigate the potential risks associated with the importation of such items4 7e7 ,termination ,the requirement under subsection 7a7 shall terminate on the date on which the ,president certifies to the appropriate congressional committees that the ,government of ,burma has taken substantial measures to reform the mining sector in ,burma1 including the following3 7#a7 ,requiring the mandatory disclosure of payments1 permit and license allocations1 project revenues1 relevant contract terms1 and beneficial ownership1 including identifying any politically exposed persons who are beneficial owners1 consistent with the approach agreed under the ,myanmar ,,eiti and with due regard for civil society participation4 7#b7 ,separating the commercial1 regulatory1 and revenue collection responsibilities within the ,myanmar ,gems ,enterprise and other key state-owned enterprises to remove existing conflicts of interest4 7#c7 ,monitoring and undertaking enforcement actions1 as warranted1 to ensure that entities fully adhere to environmental and social impact assessment and management standards in accordance with international responsible mining practices1 the country's environmental conservation law and other applicable laws and regulations1 and that they uphold occupational health and safety standards and codes of conduct that are aligned with the core labor standards of the ,international ,labour ,organisation and domestic law4 7#d7 ,actively seeking a comprehensive peace agreement that addresses the transparent and fair distribution of benefits from natural resources1 including local benefit-sharing1 taking into consideration proposals on fiscal federalism for new governance arrangements in resource-rich regions4 7#e7 ,implementing on a timely basis policy reforms aligned with the recommendations of the multi-stakeholder ,jade and ,gemstone ,support ,committee and reporting regularly on such reforms4 7#f7 ,reforming the process for valuation of gemstones at the mine-site1 including developing an independent valuation system to prevent undervaluation and tax evasion4 7#g7 ,requiring companies bidding for jade and ruby permits to be independently audited upon the request of ,myanmar ,gems ,enterprise or the ,minister of ,natural ,resources and ,environmental ,conservation1 and making the results of all such audits public4 7#h7 ,establishing a credible and transparent permitting process that closely scrutinizes applicants1 including based on past performance1 and prevents unscrupulous entities from gaining authorized access to concessions or the right to trade in minerals or gemstones4 7#i7 ,establishing effective oversight of state-owned enterprises operating in such sector1 including through parliamentary oversight or requirements for independent financial auditing4 7f7 ,authorization ,the ,secretary of ,state is authorized to consult with appropriate officials of the ,government of ,burma to obtain such private-sector information as may be necessary to carry out this section4 ,,iv ,,accountability ,,for ,,human ,,rights ,,abuses ,,and ,,strategy ,,for ,,economic ,,growth #dja4 ,determination and report on accountability for ethnic cleansing1 crimes against humanity1 and genocide in ,burma 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report that-- 7#a7 describes-- 7,a7 allegations of ethnic cleansing1 crimes against humanity1 and genocide in ,burma2 and 7,b7 potential transitional justice mechanisms in ,burma2 and 7#b7 includes a determination whether the events that took place in the state of ,rakhine in ,burma1 starting on ,august #be1 #bjag1 constitute ethnic cleansing1 crimes against humanity1 or genocide4 7b7 ,elements ,the report required under subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 incidents that may constitute ethnic cleansing1 crimes against humanity1 or genocide committed by the ,burmese military against the ,rohingya minority and the identities of any other actors involved in such incidents2 7,b7 the role of the civilian government in the commission of such incidents2 7,c7 incidents that may constitute ethnic cleansing1 crimes against humanity1 or genocide committed by violent extremist groups or anti-government forces2 7,d7 incidents that may violate the principle of medical neutrality and1 to the extent possible1 the identities of any individuals who engaged in or organized such incidents2 and 7,e7 to the extent possible1 a description of the conventional and unconventional weapons used for such crimes and the sources of such weapons2 7#b7 a description and assessment by the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 and other appropriate ,federal departments and agencies of programs that the ,united ,states has already undertaken or is planning to undertake to ensure accountability for ethnic cleansing1 crimes against humanity1 and genocide perpetrated against the ,rohingya by the military and security forces of ,burma1 the state government of ,rakhine1 ,buddhist militias1 and all other armed groups fighting in ,rakhine1 including programs to-- 7,a7 train civilian investigators within and outside of ,burma and ,bangladesh on how to document1 investigate1 develop findings of1 and identify and locate alleged perpetrators of ethnic cleansing1 crimes against humanity1 or genocide in ,burma2 7,b7 promote and prepare for a transitional justice process or processes for the perpetrators of ethnic cleansing1 crimes against humanity1 and genocide occurring in the ,state of ,rakhine in #bjag2 and 7,c7 document1 collect1 preserve1 and protect evidence of ethnic cleansing1 crimes against humanity1 and genocide in ,burma1 including by providing support for ,burmese1 ,bangladeshi1 foreign1 and international nongovernmental organizations1 the ,united ,nations ,human ,rights ,council's investigative team1 and other entities engaged in such investigative activities2 and 7#c7 a detailed study of the feasibility and desirability of potential transitional justice mechanisms for ,burma1 including a hybrid tribunal1 to address ethnic cleansing1 crimes against humanity1 and genocide perpetrated in ,burma1 including recommendations on which transitional justice mechanisms the ,united ,states should support1 why such mechanisms should be supported1 and what type of support should be offered4 7c7 ,protection of witnesses and evidence ,the ,secretary of ,state shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the ,government of ,burma4 7d7 ,authorization ,to provide technical assistance 7#a7 ,in general ,the ,secretary of ,state1 in consultation with the ,attorney ,general and the heads of other appropriate ,federal departments and agencies1 is authorized to provide assistance to support appropriate entities that are undertaking the efforts described in paragraph 7#b7 with respect to ethnic cleansing1 crimes against humanity1 and genocide perpetrated by the military and security forces of ,burma1 the state government of ,rakhine1 ,buddhist militias1 and all other armed groups fighting in ,rakhine ,state4 7#b7 ,efforts against human rights abuses ,the efforts described in this paragraph are the following3 7,a7 ,identifying suspected perpetrators of ethnic cleansing1 crimes against humanity1 and genocide4 7,b7 ,collecting1 documenting1 and protecting evidence of such crimes and preserve the chain of custody for such evidence4 7,c7 ,conducting criminal investigations4 7,d7 ,supporting investigations conducted by other countries1 as appropriate4 7#c7 ,additional support ,the ,secretary of ,state1 in consultation with the heads of other appropriate ,federal departments and agencies and the appropriate congressional committees1 and taking into account any relevant findings in the report required by subsection 7a71 is authorized to support the creation and operation of transitional justice mechanisms1 including a potential hybrid tribunal1 to prosecute individuals suspected of committing ethnic cleansing1 crimes against humanity1 or genocide in ,burma4 #djb4 ,strategy for promoting economic growth and development 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 the ,secretary of the ,treasury1 and the ,administrator of the ,united ,states ,agency for ,international ,development shall jointly submit to the appropriate congressional committees a strategy to support inclusive and enduring economic growth and development1 in accordance with the priorities of the ,government of ,burma to improve economic conditions4 7b7 ,elements ,the strategy required by subsection 7a7 shall include a plan to promote inclusive and enduring economic growth and development1 including the following elements3 7#a7 ,a road map for economic reforms that will-- 7,a7 create and enabling environment for economic growth and opportunity2 7,b7 enhance transparency1 accountability and good governance2 7,c7 diversify control and create competition in key industries and sectors dominated by the current and former military officials1 the family members of such officials1 and businesspeople connected to the military2 7,d7 increase transparency disclosure requirements in key sectors to promote responsible investment2 7,e7 identify needs and opportunities to provide technical assistance to key ministries1 institutions1 and organizations to enact economic reforms1 including revisions to existing policies on public disclosure of beneficial ownership of companies in key sectors that will allow for identification of those seeking or securing access to ,burma's most valuable natural resources2 and 7,f7 promote responsible investment4 7#b7 ,a work-plan1 developed in collaboration with the ,government of ,burma and the ,myanmar ,investment ,commission to-- 7,a7 establish a mechanism and enhance the capacity of the ,myanmar ,investment ,commission to identify and exclude investors with a negative track record with respect to corruption or fiscal1 social1 or environmental harms2 7,b7 enhance transparency and disclosure through the development and enforcement of robust transparency and disclosure measures under domestic law1 including through incorporation of necessary elements of the ,organization for ,economic ,cooperation and ,development's due diligence frameworks into corporate disclosure requirements2 7,c7 build capacity within civilian government institutions1 including to carry out effective oversight over public- and military-owned entities and to appropriately regulate private and public entities with regard to environmental1 social1 financial1 and governance issues2 7,d7 support reform of the gemstone industry1 including through technical1 capacity-building1 and other assistance1 to address serious challenges and help ensure that business activity in this industry benefits the people of ,burma2 7,e7 promote universal access to reliable1 affordable1 and efficient electricity1 including by leveraging ,united ,states assistance to support reforms in the electricity sector and electrification projects that increase energy access through partnership with multilateral organizations and the private sector2 7,f7 improve the government of ,burma's ranking in the ,world ,bank's ,doing ,business report2 and 7,g7 secure private property rights and land tenure4 7c7 ,consultation required ,in developing the strategy required by subsection 7a71 the ,secretary of ,state shall consult with appropriate officials of the ,government of ,burma4 7d7 ,report on implementation 7#a7 ,in general ,not later than #ahj days after the date of the submission of the strategy required by subsection 7a71 the ,secretary of ,state1 the ,secretary of the ,treasury1 and the ,administrator of the ,united ,states ,agency for ,international ,development shall jointly submit to the appropriate congressional committees a report in unclassified form1 that may contain a classified annex1 that describes the extent to which ,united ,states assistance and the efforts of the ,government of ,burma have promoted inclusive and enduring economic development in accordance with such strategy4 7#b7 ,elements ,the report required by paragraph 7#a7 shall also address the efforts undertaken1 progress achieved1 and any next steps planned by either the ,united ,states or the ,government of ,burma with respect to-- 7,a7 the elements in section #cja7;b72 7,b7 the promotion of accountability and transparency1 including through the collection1 verification1 and publication of beneficial ownership information related to extractive industries2 and 7,c7 the promotion of best practices regarding-- 7i7 environmental conservation1 management1 and planning2 7ii7 social impact assessments1 including social and cultural protection and free1 prior1 and informed consent and meaningful participation of local populations1 particularly minority ethnic nationalities2 7iii7 avoidance of displacement of local populations without meaningful consultation and consent1 harm mitigation1 or compensation2 and 7iv7 due diligence procedures in accordance with the ,united ,nations ,guiding ,principles on ,business and ,human ,rights and the ,due ,diligence ,guidance for ,responsible ,business ,conduct and ,due ,diligence ,guidance for ,responsible ,supply ,chains of ,minerals from ,conflict-,affected and ,high-,risk ,areas of the ,organization for ,economic ,cooperation and ,development4