,,ii #aaeth ,,congress #ast ,session ,s4 #bjfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjag ,mr4 ,mc,cain 7for himself1 ,mr4 ,cardin1 ,mr4 ,durbin1 ,mr4 ,young1 ,mr4 ,markey1 ,mr4 ,rubio1 ,mr4 ,merkley1 ,mrs4 ,feinstein1 ,mr4 ,schatz1 ,mr4 ,kaine1 ,mr4 ,van ,hollen1 ,ms4 ,baldwin1 ,mr4 ,booker1 and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote democracy and human rights in ,burma1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,burma ,human ,rights and ,freedom ,act of #bjag4 #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 path 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 ,on ,march #cj1 #bjaf1 ,htin ,kyaw was inaugurated as the ,president of ,burma1 the country's first civilian ,president in more than #ej years4 ,aung ,san ,suu ,kyi1 ,president of the ,national ,league for ,democracy1 was barred from becoming ,president due to the provisions of section #ei7;f7 of the #bjjh ,constitution1 and therefore assumed the office of ,state ,counsellor1 a position created for her that made her the country's de facto leader4 7#c7 ,aung ,san ,suu ,kyi's first acts as ,state ,counsellor 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 ,september #bjag1 there are #bbj political prisoners in ,burma1 #db of which are currently serving prison sentences1 #ea of which are awaiting trial inside prison1 and #abg of which are awaiting trial outside prison1 according to the ,assistance ,association for ,political ,prisoners4 7#d7 ,the ,government of ,burma also continues to systematically discriminate against the ,rohingya people4 ,burma's #aihb citizenship law stripped ,rohingya ,burmese of their ,burmese citizenship1 rendering them stateless1 and the ,government continues to restrict ,rohingya births1 deny them freedom of movement1 access to healthcare1 land1 education1 voting1 political participation1 and marriage4 7#e7 ,despite the meaningful 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 7,c7 social1 political1 and economic conditions in ,rakhine ,state1 particularly those faced by the ,rohingya population2 and 7,d7 addressing and ending the current humanitarian and human rights crisis affecting ,burma's ,rohingya population and residents of the ,rakhine1 ,kachin1 and ,shan states1 including ethnic cleansing1 extrajudicial killings1 sexual and gender-based violence1 and forced displacement4 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 human rights abuses against noncombatant civilians in conflict areas1 undermine confidence in establishing a credible nationwide cease-fire agreement to end ,burma's civil war4 7#g7 ,the people of ,burma continue to suffer from an ongoing civil war between the ,tatmadaw and nearly #bj armed ethnic organizations4 ,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#h7 ,since #bjaa1 over #ih1jjj people have been displaced in ,kachin and northern ,shan ,state over the escalating violence and instability1 resulting in continued massive internal displacement1 causing a massive humanitarian crisis1 and continuing to undermine the trust necessary to achieve a durable1 lasting peace1 and disproportionately affecting the lives of innocent civilians and the thousands of internally displaced persons forced from their homes4 ,according to the ,united ,nations ,office for the ,coordination of ,humanitarian ,affairs1 some #ej percent of these displaced persons are staying in areas beyond ,government control where humanitarian access is limited4 7#i7 ,in #bjae1 the nongovernmental campaign ,global ,witness found that1 in #bjad1 the estimated value of official production of jade equated up to #dh percent of the official gross domestic product of ,burma4 ,however1 because of corruption and a lack of transparency the economic gains of ,burma are being pocketed by notorious leaders from the military junta1 including former dictator ,than ,shwe and ,united ,states-sanctioned drug lord ,wei ,hsueh ,kang1 and vested interests in jade are undermining prospects for resolving the most intractable armed conflict in ,burma4 7#aj7 ,on ,august #ca1 #bjaf1 ,state ,counsellor ,aung ,san ,suu ,kyi and 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 ,on ,may #bd1 #bjag1 the ,government of ,burma held a second ,panglong ,peace ,conference1 with mixed results4 7#aa7 ,on ,october #ca1 #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 face abuses by the ,government of ,burma1 including those involving torture1 unlawful arrest and detention1 restricted movement1 restrictions on religious practices1 discrimination in employment1 and access to social services4 7#ab7 ,the ,february #bjag panels set up by the ,burmese army and the ,home ,affairs ,ministry are widely perceived to lack independence and impartiality4 ,the ,december #bjaf commission established by ,burma's ,president ,htin ,kyaw to investigate the ,october #bjaf attacks dismissed claims of misconduct by security forces due to insufficient evidence4 ,the #bjab commission government established to investigate violence in ,rakhine ,state that year never held anyone accountable4 7#ac7 ,in a public address on ,october #ab1 #bjag1 ,state ,counsellor ,aung ,san ,suu ,kyi laid out #c goals for ,rakhine ,state3 7,a7 ,repatriation of those who have crossed over to ,bangladesh and the effective provision of humanitarian assistance4 7,b7 ,resettlement of displaced populations4 7,c7 ,economic development and durable peace4 7#ad7 ,according to the ,bangladesh ,foreign ,ministry1 at least #c1jjj ,rohingya have been killed and over an estimated #fjj1jjj ,rohingya have fled to ,bangladesh since ,august #bjag for fear of loss of livelihoods1 shelter1 and disproportionate use of force by the military of ,burma4 ,congress recognizes the longstanding support and hospitality of the ,government and the people of ,bangladesh2 however1 it is important that people fleeing violence in ,burma are not deported or turned back4 7#ae7 ,on ,october #bc1 #bjag1 the ,department of ,state said1 ,we express our gravest concern with recent events in ,rakhine ,state and the violent1 traumatic abuses ,rohingya and other communities have endured4 ,it is imperative that any individuals or entities responsible for atrocities1 including non-state actors and vigilantes1 be held accountable44 7#af7 ,at a ,senate ,foreign ,relations ,committee hearing on ,october #bd1 #bjag1 the ,department of ,state indicated that refugees continue to cross into ,bangladesh1 and we continue to receive credible reports of sporadic violence in northern ,rakhine ,state4 7#ag7 ,amnesty ,international and ,human ,rights ,watch have reported and documented a campaign of violence perpetuated by the security forces of ,burma1 which have indiscriminately fired on and killed civilians1 raped women and girls1 and arbitrarily arrested ,rohingya men without any information about their whereabouts or charges which may amount to crimes against humanity and ethnic cleansing4 ,satellite images 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 them completely or partially populated with ,rohingya ,muslims4 7#ah7 ,the ,government of ,burma has continued to block access to northern ,rakhine ,state by ,united ,nations and other humanitarian groups4 ,for much of the last three months1 hundreds of thousands of vulnerable people in ,rakhine ,state who needed humanitarian aid1 both ,rohingya1 ,rakhine1 and other groups and including children with acute malnutrition1 were being blocked from receiving such aid1 and aid groups now expect that levels of malnutrition and even starvation have dramatically increased4 7#ai7 ,in response to previous violence between the ,burmese military and the ethnic ,rohingya people in #bjaf1 ,aung ,san ,suu ,kyi established the ,advisory ,commission on ,rakhine ,state headed by former ,united ,nations ,secretary-,general ,kofi ,annan to address tensions in ,northern ,rakhine4 ,she has since also endorsed the ,commission's recommendations and established a group to move forward with implementation4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,crimes against humanity ,the term crimes against humanity includes1 when committed as part of a widespread or systematic attack directed against any civilian population1 with knowledge of the attack-- 7,a7 murder2 7,b7 deportation or forcible transfer of population2 7,c7 torture2 7,d7 rape1 sexual slavery1 or any other form of sexual violence of comparable gravity2 7,e7 persecution against any identifiable group or collectivity on political1 racial1 national1 ethnic1 cultural1 religious1 gender or other grounds that are universally recognized as impermissible under international law2 7,f7 enforced disappearance of persons2 7,g7 the crime of apartheid2 and 7,h7 other inhumane acts of a similar character intentionally causing great suffering1 or serious injury to body or to mental or physical health4 7#c7 ,ethnic cleansing ,the term ethnic cleansing means a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas4 7#d7 ,genocide ,the term genocide means any offense described in section #ajia7;a7 of title #ah1 ,united ,states ,code4 7#e7 ,hybrid tribunal ,the term hybrid tribunal means a temporary criminal tribunal that involves a combination of domestic and international lawyers1 judges1 and other professionals to prosecute individuals suspected of committing war crimes1 crimes against humanity1 or genocide4 7#f7 ,transitional justice ,the term transitional justice means the range of judicial1 nonjudicial1 formal1 informal1 retributive1 and restorative measures employed by countries transitioning out of armed conflict or repressive regimes-- 7,a7 to redress legacies of atrocities2 and 7,b7 to promote long-term1 sustainable peace4 7#g7 ,war crime ,the term war crime has the meaning given the term in section #bdda7;c7 of title #ah1 ,united ,states ,code4 #d4 ,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 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#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 meaningful legal and constitutional reforms that remove remaining restrictions on civil and political rights and institute civilian control of the military1 civilian control of the government1 and the constitutional provision reserving #be percent of parliamentary seats for the military1 which provides the military with veto power over constitutional amendments2 7,b7 the establishment of a fully democratic1 pluralistic1 civilian controlled1 and representative political system that includes regularized free and fair elections in which all people of ,burma can vote2 7,c7 the promotion of genuine national reconciliation and conclusion of a credible and sustainable nationwide cease-fire agreement1 political accommodation of the needs of ethnic ,shan1 ,kachin1 ,chin1 ,karen1 and other ethnic groups1 and constitutional change allowing inclusive permanent peace2 7,d7 accountability for ethnic cleansing1 crimes against humanity1 and genocide perpetrated against ethnic minorities like the ,rohingya by the ,government1 military1 and security forces of ,burma1 violent extremist groups1 and other combatants involved in the conflict2 7,e7 strengthening the government's civilian institutions1 including support for greater transparency and accountability2 7,f7 the establishment of professional and nonpartisan military1 security1 and police forces that operate under civilian control2 7,g7 empowering local communities1 civil society1 and independent media2 7,h7 promoting responsible international and regional engagement2 7,i7 strengthening respect for and protection of human rights and religious freedom2 and 7,j7 addressing and ending the humanitarian and human rights crisis1 including by supporting the return of the displaced ,rohingya to their homes and providing equal access to full restoration of full citizenship for the ,rohingya population4 #e4 ,humanitarian assistance 7a7 ,in general ,there is authorized to be appropriated #ajd1jjj1jjj for assistance to the victims of the ,burmese military's ethnic cleansing campaign targeting ,rohingya in ,rakhine ,state1 including those displaced in ,bangladesh1 ,burma1 and the region1 support for voluntary resettlement or repatriation efforts regionally1 and for reconciliation programs in ,rakhine ,state1 including support for credible1 independent humanitarian organizations1 ,united ,nations agencies1 and nongovernmental organizations supporting the implementation of the recommendations of the ,advisory ,commission on ,rakhine ,state or otherwise seeking to provide humanitarian assistance to victims of violence and destruction in ,rakhine ,state1 including victims of gender-based violence and unaccompanied minors4 ,additional significant and sustained funding will be necessary to address the medium and long-term impacts of this crisis4 7b7 ,freedom of movement of refugees and internally displaced persons ,congress calls on the ,government of ,bangladesh to ensure all refugees have freedom of movement and under no circumstances are subject to unsafe1 involuntary1 or uninformed repatriation4 ,congress also calls on the ,government of ,burma to ensure the dignified1 safe1 and voluntary return of those displaced from their homes1 and offer to those who do not want to return meaningful means to obtain compensation or restitution4 #f4 ,multilateral assistance 7a7 ,restrictions ,except as provided under subsection 7b71 the ,secretary of the ,treasury should 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 does not partner with1 contract or subcontract with1 or otherwise involve or benefit enterprises owned or directly or indirectly controlled by the military of ,burma1 the ,ministry of ,defense1 members of the ,burmese military or security forces1 or related entities4 7b7 ,exception ,the ,secretary of the ,treasury may approve projects otherwise restricted under this section if-- 7#a7 senior ,burmese military officials have-- 7,a7 publicly acknowledged their role in committing past human rights abuses2 7,b7 cooperated with independent efforts to investigate such abuses2 7,c7 been held accountable for such abuses2 7,d7 demonstrated substantial progress in reforming their behavior with respect to the protection of human rights in the conduct of civil-military relations2 7,e7 demonstrably and verifiably indicated their support for extending civil and political rights1 including citizenship and access to the rule of law1 to all the people of ,burma consistent with international standard including the ,rohingya2 and 7,f7 are cooperating with efforts to secure a credible cease-fire agreement1 political accommodation1 and constitutional change allowing inclusive permanent peace2 and 7#b7 doing so is in the vital interest of the ,united ,states4 #g4 ,sense of ,congress on right of returnees ,it is the sense of ,congress that the ,government of ,burma1 in collaboration with the regional and international community1 including the ,united ,nations ,high ,commissioner for ,refugees-- 7#a7 should 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#b7 should fully implement all of the recommendations of the ,advisory ,commission on ,rakhine ,state4 #h4 ,military cooperation 7a7 ,prohibition ,except as provided under subsection 7b71 the ,united ,states ,government may not supply any security assistance or engage in any military-to-military programs with the armed forces of ,burma1 including training or observation or participation in regional exercises1 until the ,secretary of ,defense1 in consultation with the ,secretary of ,state1 can certify to the appropriate congressional committees that the ,burmese military has demonstrated significant progress in abiding by international human rights standards and is undertaking meaningful and significant security sector reform1 including transparency and accountability to prevent future abuses1 as determined by applying the following criteria3 7#a7 ,the military adheres to international human rights standards and pledges to stop future human rights abuses4 7#b7 ,the military supports efforts to carry out meaningful and comprehensive investigations of recent abuses and is taking steps to hold accountable those in the ,burmese military responsible for human rights violations4 7#c7 ,the ,government of ,burma1 including the military1 allows immediate and unfettered humanitarian access to communities in areas affected by conflict1 including ,rohingya communities in ,rakhine ,state4 7#d7 ,the ,government of ,burma1 including the military1 cooperates with the ,united ,nations ,high ,commissioner for ,refugees and other relevant ,united ,nations agencies to ensure the protection of displaced persons and the safe and voluntary return of refugees and internally displaced persons4 7#e7 ,the ,government of ,burma1 including the military1 takes steps toward the implementation of the recommendations of the ,advisory ,commission on ,rakhine ,state4 7b7 ,exceptions 7#a7 ,certain existing authorities ,the ,department of ,defense may continue to conduct consultations based on the authorities under section #abec of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia2 #bb ,u4,s4,c4 #baea note74 7#b7 ,hospitality ,the ,department of ,state and the ,united ,states ,agency for ,international ,development may meet related-hospitality requirements with respect to the #bast ,century ,panglong ,union ,peace ,conference4 7c7 ,military reform ,the certification required under subsection 7a7 shall include a written justification in classified and unclassified form 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 shall be construed to authorize ,department of ,defense 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 every #ahj days thereafter1 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 reform1 including as it relates to an end to 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-military engagements between the ,united ,states and ,burma's military forces1 including the military of ,burma1 the ,burma ,police ,force1 and armed ethnic groups4 7,c7 ,an assessment of the progress of the military of ,burma towards developing a framework to implement human right reforms1 including-- 7i7 cooperation with civilian authorities to investigate and prosecute cases of gross human rights violations2 7ii7 steps taken to demonstrate respect for and implementation of the laws of war and international human rights law2 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 agreements 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 ,civilian channels ,any program initiated under this section shall use appropriate civilian government channels with the democratically elected ,government of ,burma4 7g7 ,regular consultations ,any new program or activity in ,burma initiated under this section shall be subject to prior consultation with the appropriate congressional committees4 #i4 ,trade restrictions 7a7 ,reinstatement of import restrictions on jadeite and rubies from ,burma 7#a7 ,in general ,section #c;,a of the ,burmese ,freedom and ,democracy ,act of #bjjc 7,public ,law #ajh-fa2 #ej ,u4,s4,c4 #agja note7 is amended by adding at the end the following3 7i7 ,termination ,notwithstanding section #i1 this section shall remain in effect until the ,president determines and certifies to the appropriate congressional committees that the ,government of ,burma has taken measures to reform the gemstone industry in ,burma1 including measures to require-- 7#a7 the disclosure of the ultimate beneficial ownership of entities in that industry2 and 7#b7 the publication of project revenues1 payments1 and contract terms relating to that industry4 4 7#b7 ,conforming amendments ,section #c;,a of the ,burmese ,freedom and ,democracy ,act of #bjjc is further amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ae days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjag2 and 7ii7 in paragraph 7#c71 by striking the date of the enactment of this ,act and inserting the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjag2 and 7,b7 in subsection 7c77#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ae days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjag4 7#c7 ,effective date ,the amendments made by this subsection shall apply with respect to articles entered1 or withdrawn from warehouse for consumption1 on or after the #aeth day after the date of the enactment of this ,act4 7b7 ,review of eligibility for ,generalized ,system of ,preferences 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,president shall submit to the committees specified in paragraph 7#b7 a report that includes a detailed review of the eligibility of ,burma for preferential duty treatment under the ,generalized ,system of ,preferences under title ,v of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfa et seq474 7#b7 ,committees specified ,the committees specified in this paragraph are-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,finance1 and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,foreign ,affairs1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 #aj4 ,visa ban and economic sanctions with respect to military officials responsible for human rights abuses 7a7 ,list required 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of senior officials of the military and security forces of ,burma that the ,president determines have played a direct and substantial role in the commission of human rights abuses in ,burma1 including against the ,rohingya minority population4 7#b7 ,inclusions ,the list required by paragraph 7#a7 shall include all of the senior officials of the military and security forces of ,burma in charge of each unit that was operational during the so-called clearance operations that began in ,october #bjaf and are ongoing as of the date of the enactment of this ,act4 7#c7 ,updates ,not less frequently than every #ahj days1 the ,president shall submit to the appropriate congressional committees an updated version of the list required by paragraph 7#a74 7b7 ,sanctions 7#a7 ,visa ban ,the ,secretary of ,state shall deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any individual on the list required by subsection 7a77#a74 7#b7 ,list of specially designated nationals and blocked persons 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall-- 7i7 determine whether the individuals specified in subparagraph 7,b7 should be included on the ,,sdn list2 and 7ii7 submit to the appropriate congressional committees a report on that determination that includes1 with respect to any such individual not included on the ,,sdn list1 the reason for not including that individual on that list4 7,b7 ,individuals specified ,the individuals specified in this subparagraph are-- 7i7 the head of each unit of the military or security forces of ,burma that was operational during the so-called clearance operations that began in ,october #bjaf and are ongoing as of the date of the enactment of this ,act1 including-- 7,i7 ,senior ,general ,min ,aung ,hlaing2 7,,ii7 ,major ,general ,maung ,maung ,soe2 and 7,,iii7 ,major ,general ,khin ,maung ,soe2 and 7ii7 any senior official of the military or security forces of ,burma for which there are credible allegations that the official has aided1 participated1 or is otherwise implicated in gross human rights abuses in ,burma1 including sexual and ethnic- or gender-based violence4 7,c7 ,,sdn list defined ,in this paragraph1 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 7#c7 ,authority for additional financial sanctions ,the ,secretary of the ,treasury may prohibit or impose conditions on the opening or maintaining in the ,united ,states of a correspondent account or payable-through account by any financial institution or financial agency that is a ,united ,states person1 for or on behalf of a foreign financial institution1 if the ,secretary determines that the account is used-- 7,a7 by a foreign financial institution that holds property or an interest in property of an individual on the list required by subsection 7a77#a72 or 7,b7 to conduct a transaction on behalf of an individual on that list4 7#d7 ,rule of construction ,nothing in this subsection may be construed to prohibit any contract or other financial transaction with a credible nongovernmental humanitarian organization in ,burma4 7c7 ,removal from lists ,the ,president may remove an individual from the list required by subsection 7a77#a71 or remove an individual included on the ,,sdn list pursuant to subsection 7b77#b7 from that list1 if the ,president determines and reports to the appropriate congressional committees that-- 7#a7 the individual has-- 7,a7 publicly acknowledged the role of the individual in committing past human rights abuses2 7,b7 cooperated with independent efforts to investigate such abuses2 7,c7 been held accountable for such abuses2 or 7,d7 demonstrated substantial progress in reforming the individual's behavior with respect to the protection of human rights in the conduct of civil-military relations2 and 7#b7 removing the individual from the list is in the vital national interest of the ,united ,states4 7d7 ,penalties 7#a7 ,in general ,a 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 paragraph 7#b7 or 7#c7 of 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 7#b7 ,rule of construction ,this subsection shall not be construed to require the ,president to declare a national emergency under section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja74 7e7 ,exceptions 7#a7 ,humanitarian assistance ,a requirement to impose sanctions under this section shall not apply with respect to the provision of medicine1 medical equipment or supplies1 food1 or any other form of humanitarian or human rights-related assistance provided to ,burma in response to a humanitarian crisis4 7#b7 ,united ,nations ,headquarters ,agreement ,subsection 7b77#a7 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 7f7 ,definitions ,in this section3 7#a7 ,account2 correspondent account2 payable-through account ,the terms account1 correspondent account1 and payable-through account have the meanings given those terms in section #ecah;,a of title #ca1 ,united ,states ,code4 7#b7 ,financial agency2 financial institution ,the terms financial agency and financial institution have the meanings given those terms in section #ecab of title #ca1 ,united ,states ,code4 7#c7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to 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 an entity4 #aa4 ,strategy for promoting economic 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 submit to the appropriate congressional committees a strategy to support sustainable and broad-based economic development1 in accordance with the priorities of the ,government of ,burma to improve economic conditions4 7b7 ,elements ,in order to support the efforts of the ,government of ,burma1 the strategy required by subsection 7a7 shall include a plan to promote inclusive and responsible economic growth1 including through the following initiatives3 7#a7 ,develop an economic reform road-map to diversify control over and access to participation in key industries and sectors4 ,the ,united ,states ,government should support the ,government of ,burma to develop a roadmap to assess and recommend measures to remove barriers to a level playing field that increases competition1 access and opportunity in sectors dominated by the military1 former military officials1 and their families1 and businesspeople connected to the military4 ,the roadmap should include areas related to government transparency1 accountability1 and governance4 7#b7 ,increase transparency disclosure requirements in key sectors to promote responsible investment4 ,provide technical support to develop and implement policies1 and revise existing policies on public disclosure of beneficial owners of companies in key sectors identified by the ,government of ,burma1 including the identities of those seeking or securing access to ,burma's most valuable resources4 ,such new requirements should complement disclosures due to be put in place in ,burma as a result of its participation in the ,extractives ,industry ,transparency ,initiative 7,,eiti74 #ab4 ,report on accountability for ethnic cleansing1 crimes against humanity1 and genocide in ,burma 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on allegations of ethnic cleansing1 crimes against humanity1 and genocide1 and on potential transnational justice mechanisms in ,burma4 7b7 ,elements ,the reports required under subsection 7a7 shall include-- 7#a7 a description of alleged ethnic cleaning1 crimes against humanity1 including the crime of apartheid1 and genocide perpetrated against the ,rohingya ethnic minority in ,burma1 including-- 7,a7 incidents that may constitute ethnic cleansing1 crimes against humanity1 and genocide committed by the ,burmese military1 and other actors involved in the violence2 7,b7 the role of the civilian government in the commission of such activities2 7,c7 incidents that may constitute ethnic cleansing1 crimes against humanity1 or genocide committed by violent extremist groups or antigovernment forces2 7,d7 any incidents that may violate the principle of medical neutrality and1 if possible1 identification of the individual or 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 origins 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 ,government has already or is planning to undertake to ensure accountability for ethnic cleansing1 crimes against humanity1 and genocide perpetrated against the ,rohingya and other ethnic minority groups by the ,government1 security forces1 and military of ,burma1 violent extremist groups1 and other combatants involved in the conflict1 including programs-- 7,a7 to train 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 to promote and prepare for a transitional justice process or processes for the perpetrators of ethnic cleansing1 crimes against humanity1 and genocide in ,burma2 and 7,c7 to document1 collect1 preserve1 and protect evidence of ethnic cleansing1 crimes against humanity1 and genocide in ,burma1 including support for ,burmese and ,bangladeshi1 foreign1 and international nongovernmental organizations1 ,united ,nations ,human ,rights ,council's investigative team1 and other entities2 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 ,government should support1 why such mechanisms should be supported1 and what type of support should be offered4 7c7 ,protection of witnesses and evidence ,the ,secretary 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 #ac4 ,technical assistance authorized 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,department of ,justice and other appropriate ,federal departments and agencies1 is authorized to provide appropriate assistance to support entities that1 with respect to ethnic cleansing1 crimes against humanity1 and genocide perpetrated by the military1 security forces1 and ,government of ,burma1 ,buddhist militias1 and all other armed groups fighting in ,rakhine ,state-- 7#a7 identify suspected perpetrators of ethnic cleansing1 crimes against humanity1 and genocide2 7#b7 collect1 document1 and protect evidence of crimes and preserve the chain of custody for such evidence2 7#c7 conduct criminal investigations2 and 7#d7 support investigations by third-party states1 as appropriate4 7b7 ,additional assistance ,the ,secretary of ,state1 after consultation with appropriate ,federal departments and agencies and the appropriate congressional committees1 and taking into account the findings of the transitional justice study required under section #ab7;b77#c71 is authorized to provide assistance 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