,,ii #aaeth ,,congress #b;d ,session ,s4 #cfif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bi1 #bjah ,mr4 ,cardin 7for himself1 ,mr4 ,young1 ,mr4 ,merkley1 ,mr4 ,durbin1 ,mr4 ,schatz1 ,mr4 ,van ,hollen1 ,mr4 ,booker1 ,mr4 ,markey1 ,ms4 ,collins1 ,mr4 ,coons1 ,ms4 ,cantwell1 ,mrs4 ,shaheen1 ,mr4 ,wyden1 ,ms4 ,harris1 ,mr4 ,casey1 ,mr4 ,kaine1 and ,mr4 ,rubio7 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 #bjah4 #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 ,november #bjag1 there were #bbh political prisoners in ,burma1 #df of which were serving prison sentences1 #di of which were awaiting trial inside prison1 and #acc of which were 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 births and to deny the ,rohingya freedom of movement and access to healthcare1 land1 education1 voting1 political participation1 and marriage4 7#e7 ,despite the meaningful steps taken toward democracy in ,burma1 there remain important structural and systemic impediments to the realization of a fully democratic civilian government1 including-- 7,a7 the #bjjh ,constitution1 which is in need of reform2 7,b7 the disfranchisement of certain groups who voted in previous elections2 7,c7 the social1 political1 and economic conditions in ,rakhine ,state1 particularly with respect to the ,rohingya population2 and 7,d7 the current humanitarian and human rights crisis affecting ,burma's ,rohingya population and residents of the ,rakhine1 ,kachin1 and ,shan states1 including credible reports of ethnic cleansing1 crimes against humanity1 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 offensives immediately preceding the peace conference in ,naypyitaw1 and human rights violations against noncombatant civilians in conflict areas1 undermine confidence in establishing a credible nationwide ceasefire 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 including in internally displaced person 7,,idp7 camps1 which continues to undermine the trust necessary to achieve a durable1 lasting peace1 and has caused a massive humanitarian crisis which disproportionately affects the lives of innocent civilians and 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 ,even in areas controlled by the ,government1 delivery of humanitarian assistance has been increasingly restricted through onerous bureaucratic requirements resulting in limited access by international and local humanitarian organizations4 7#i7 ,in #bjae1 the nongovernmental campaign ,global ,witness found that1 in #bjad1 the estimated value of official production of jade equated to up to #dh percent of the official gross domestic product of ,burma4 ,because of corruption and a lack of transparency1 much of the proceeds of the ,burmese jade trade enrich notorious leaders from the military junta1 including former dictator ,than ,shwe and ,united ,states-sanctioned drug lord ,hsueh ,kang ,wei1 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 ,panglong in ,naypyitaw1 which more than #a1djj representatives of various concerned parties attended in an effort to begin the process of ending ,burma's civil war and to 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 ,january #d1 #bjah1 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 by the international community 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 ,a ,burmese army internal inquiry completed in ,november #bjag claimed there had been no abuses committed by the military4 ,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 the ,rakhine ,state3 7,a7 ,repatriation of those who have crossed over to ,bangladesh and effective provision of humanitarian assistance4 7,b7 ,resettlement of displaced populations4 7,c7 ,economic development and durable peace4 7#ad7 ,according to the ,mdecins ,sans ,frontires estimates1 at least #f1gjj ,rohingya have been killed1 including #gcj children1 and that at least #b1gjj others died from disease and malnutrition and over an estimated #fhj1jjj ,rohingya have fled to ,bangladesh since ,august #bjag1 fearing loss of livelihood and shelter and disproportionate use of force by the military of ,burma4 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 ,burma that may amount to crimes against humanity and ethnic cleansing and includes-- 7,a7 indiscriminate attacks on civilians2 7,b7 rape of women and girls2 and 7,c7 arbitrary arrest and detention of ,rohingya men without charge4 7#ah7 ,according to ,human ,rights ,watch1 ,burmese security forces have committed widespread rape against women and girls as part of a campaign of ethnic cleansing against ,rohingya ,muslims in ,burma's ,rakhine ,state4 ,survivors said that soldiers gathered them together in groups and then raped or gang raped them4 7#ai7 ,because survivors of conflict-related sexual or gender-based violence know very little about the abusers1 aside from identifying the abuser as a member of a military unit1 existing laws and accountability mechanisms often fail to protect victims of such violence4 7#bj7 ,satellite images captured by ,human ,rights ,watch reveal that1 out of the approximately #dgj villages in northern ,rakhine ,state1 most of which were completely or partially populated with ,rohingya ,muslims1 nearly #cjj were partially or completely destroyed by fire after ,august #be1 #bjag4 7#ba7 ,the ,government of ,burma has continued to block access to northern ,rakhine ,state by ,united ,nations and other humanitarian organizations1 preventing hundreds of thousands of vulnerable ,rohingya1 ,rahkine1 and other ethnic groups1 including children with acute malnutrition1 from receiving humanitarian aid4 ,according to a report by the ,united ,nations ,children's ,fund1 a diphtheria outbreak has led to #dbd cases and #f deaths since ,december #f1 #bjag4 ,in addition1 the levels of global acute malnutrition in refugees from ,burma exceeds the ,world ,health ,organization's threshold by #ae percent in children aged #f-ei months4 ,over #ej percent of the ,rohingya children are reported to be suffering from anemia4 7#bb7 ,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 an ,advisory ,team for the ,committee for the ,implementation of ,recommendations on ,rakhine ,state to move forward with implementation4 7#bc7 ,on ,december #ba1 #bjag1 using the authority granted by the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh71 the ,president imposed sanctions on ,maung ,maung ,soe1 a ,major ,general who was the chief of the ,burmese ,army's ,western command during the ,august #bjag attack in ,rakhine state4 7#bd7 ,on ,november #bb1 #bjag1 ,secretary of ,state ,rex ,tillerson stated1 ,after careful and thorough 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 accountable44 7#be7 ,ethnic cleansing is a despicable evil1 and while it is not an independent crime under domestic or international law1 it is often accomplished through acts that constitute war crimes1 crimes against humanity1 or genocide1 and the perpetrators of such crimes in ,burma must be held accountable4 #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 ,genocide ,the term genocide means any offense described in section #ajia7;a7 of title #ah1 ,united ,states ,code4 7#c7 ,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#d7 ,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#e7 ,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 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 ,burma1 including the ,rohingya1 can vote2 7,c7 the promotion of genuine national reconciliation and conclusion of a credible and sustainable nationwide ceasefire agreement1 political accommodation of the needs of ethnic ,shan1 ,kachin1 ,chin1 ,karen1 and other ethnic groups1 safe and voluntary return of displaced persons to villages of origins1 and constitutional change allowing inclusive permanent peace2 7,d7 investigations into credible reports of ethnic cleansing1 crimes against humanity1 sexual and gender-based violence1 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 accountability for determinations of ethnic cleansing1 crimes against humanity1 sexual and gender-based violence1 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,f7 strengthening the government's civilian institutions1 including support for greater transparency and accountability2 7,g7 the establishment of professional and nonpartisan military1 security1 and police forces that operate under civilian control2 7,h7 empowering local communities1 civil society1 and independent media2 7,i7 promoting responsible international and regional engagement2 7,j7 strengthening respect for and protection of human rights and religious freedom2 7,k7 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 restoration of full citizenship for the ,rohingya population2 and 7,l7 promoting broad-based1 inclusive economic development and fostering healthy and resilient communities4 #e4 ,authorization of humanitarian assistance and reconciliation 7a7 ,humanitarian assistance 7#a7 ,in general ,there is authorized to be appropriated #ajc1fie1jfi for fiscal year #bjah for humanitarian assistance for ,burma1 ,bangladesh1 and the region4 ,the assistance may include-- 7,a7 assistance for the victims of the ,burmese military's ethnic cleansing campaign targeting ,rohingya in ,rakhine ,state1 including those displaced in ,bangladesh1 ,burma1 and the region2 7,b7 support for voluntary resettlement or repatriation efforts regionally2 and 7,c7 humanitarian assistance to victims of violence and destruction in ,rakhine ,state1 including victims of gender-based violence and unaccompanied minors4 7#b7 ,sense of ,congress on additional funding ,it is the sense of ,congress that additional significant and sustained funding will be necessary to address the medium and long-term impacts of this crisis4 7b7 ,reconciliation programs ,there is authorized to be appropriated #bg1djj1jjj for fiscal year #bjah for reconciliation programs in ,burma4 ,the assistance may include-- 7#a7 reducing the influence of the drivers of intercommunal conflict2 7#b7 strengthening engagement on areas affecting fundamental freedoms2 7#c7 enhancing the ability of key stakeholders to engage in the peace process2 and 7#d7 assisting the implementation of the ,kofi ,annan ,commission report4 #f4 ,multilateral assistance ,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 projects in ,burma that-- 7#a7 provide for accountability and transparency1 including the collection1 verification and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project2 7#b7 will be developed and carried out in accordance with best practices regarding environmental conservation1 cultural protection1 and empowerment of local populations1 including free1 prior1 and informed consent of affected indigenous communities2 7#c7 do not provide incentives for1 or facilitate1 forced displacement2 and 7#d7 do not partner with or otherwise involve enterprises owned or controlled by the armed forces4 #g4 ,sense of ,congress on right of returnees and freedom of movement 7a7 ,right of return ,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 ,refugees1 should-- 7#a7 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 7#b7 offer to those who do not want to return meaningful opportunity to obtain appropriate compensation or restitution2 7#c7 not place returning ,rohingya in ,,dp camps or model villages1 but instead make efforts to reconstruct ,rohingya villages as and where they were2 7#d7 keep any funds collected by the ,government by harvesting the land previously owned and tended by ,rohingya farmers for them upon their return2 and 7#e7 fully implement all of the recommendations of the ,advisory ,commission on ,rakhine ,state4 7b7 ,freedom of movement of refugees and internally displaced persons ,congress recognizes that the ,government of ,bangladesh has provided long-standing support and hospitality to people fleeing violence in ,burma1 and calls on the ,government of ,bangladesh-- 7#a7 to ensure all refugees have freedom of movement and under no circumstance are subject to unsafe1 involuntary1 or uninformed repatriation2 and 7#b7 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 #h4 ,military cooperation 7a7 ,prohibition ,except as provided under subsection 7b71 the ,president may not furnish 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 ,state1 in consultation with the ,secretary of ,defense1 certifies 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 violations4 7#b7 ,the military supports efforts to carry out meaningful and comprehensive investigations of credible reports of abuses and is taking steps to hold accountable those in the ,burmese military responsible for human rights violations4 7#c7 ,the military supports efforts to carry out meaningful and comprehensive investigations of reports of conflict-related sexual and gender-based violence and is taking steps to hold accountable those in the ,burmese military who failed to prevent1 respond to1 investigate1 and prosecute violence against women1 sexual violence1 or other gender-based violence4 7#d7 ,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#e7 ,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 ,rohingya refugees and internally displaced persons4 7#f7 ,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 ,united ,states ,agency for ,international ,development and the ,department of ,state may provide assistance authorized by part ,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 to support ethnic armed groups and the ,burmese military for the purpose of supporting research1 dialogues1 meetings1 and other activities related to the ,union ,peace ,conference1 ,political ,dialogues1 and related processes1 in furtherance of inclusive1 sustainable reconciliation4 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 violations1 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 ,state and the ,secretary of ,defense 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 control of the ,government4 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 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 rights reforms1 including-- 7i7 cooperation with civilian authorities to investigate and prosecute cases of human rights violations2 7ii7 steps taken to demonstrate respect for internationally recognized human rights standards and implementation of and adherence to 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 ceasefire agreements1 allow for safe and voluntary returns of displaced persons to their villages of origin1 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 ,reinstatement of import restrictions on jadeite from ,burma 7a7 ,definitions ,section #c;,a7a7 of the ,burmese ,freedom and ,democracy ,act of #bjjc 7,public ,law #ajh-fa2 #ej ,u4,s4,c4 #agja note7 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,burmese covered article ,the term ,burmese covered article means-- 7,a7 jadeite mined or extracted from ,burma2 or 7,b7 articles of jewelry containing jadeite described in subparagraph 7,a74 2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,non-,burmese covered article ,the term non-,burmese covered article means-- 7,a7 jadeite mined or extracted from a country other than ,burma2 or 7,b7 articles of jewelry containing jadeite described in subparagraph 7,a74 2 and 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,jadeite2 articles of jewelry containing jadeite 7,a7 ,jadeite ,the term jadeite means any jadeite classifiable under heading #gajc of the ,harmonized ,tariff ,schedule of the ,united ,states 7in this paragraph referred to as the ,,hts74 7,b7 ,articles of jewelry containing jadeite ,the term articles of jewelry containing jadeite means-- 7i7 any article of jewelry classifiable under heading #gaac of the ,,hts that contains jadeite2 or 7ii7 any article of jadeite classifiable under heading #gaaf of the ,,hts4 4 7b7 ,termination ,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 striking subsections 7g7 and 7h7 and inserting the following3 7g7 ,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 jadeite 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 7c7 ,conforming amendments ,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-- 7#a7 in the section heading-- 7,a7 by striking and rubies2 and 7,b7 by striking or rubies2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ahj days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjah2 and 7,b7 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 #bjah2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ahj days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjah2 and 7,b7 in paragraph 7#b77;,b7-- 7i7 in clause 7ii71 by striking or polished rubies2 and 7ii7 by striking or rubies each place it appears4 #aj4 ,visa ban and economic sanctions with respect to military officials responsible for human rights violations 7a7 ,list required 7#a7 ,in general ,not later than #ahj 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 knowingly played a direct and significant role in the commission of human rights violations 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-- 7,a7 in charge of each unit that was operational during the so-called clearance operations that began during or after ,october #bjaf2 and 7,b7 who knew1 or should have known1 that the official's subordinates were committing sexual or gender-based violence and failed to take adequate steps to prevent such violence or punish the individuals responsible for such violence4 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 shall exclude from the ,united ,states1 any individual included in the most recent list required subsection 7a74 7#b7 ,list of specially designated nationals and blocked persons 7,a7 ,in general ,not later than #ahj 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 report1 in classified form if necessary1 on the procedures for including those individuals on the ,,sdn list under existing authorities of the ,department of the ,treasury4 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 during or after ,october #bjaf1 including-- 7,i7 ,senior ,general ,min ,aung ,hlaing2 and 7,,ii7 ,major ,general ,khin ,maung ,soe2 7ii7 any senior official of the military or security forces of ,burma for which the ,president determines there are credible reports that the official has aided1 participated1 or is otherwise implicated in gross human rights violations in ,burma1 including sexual and ethnic- or gender-based violence2 and 7iii7 any senior official of the military or security forces of ,burma for which the ,president determines there are credible reports that the official knew1 or should have known1 that the official's subordinates were committing sexual or gender-based violence and failed to take adequate steps to prevent such violence or punish the individuals responsible for such violence4 7#c7 ,authority for additional financial sanctions ,the ,secretary of the ,treasury may1 in consultation with the ,secretary of ,state1 prohibit or impose strict conditions on the opening or maintaining in the ,united ,states of a correspondent account or payable-through account by any financial institution that is a ,united ,states person1 for or on behalf of a foreign financial institution1 if the ,secretary determines that the account is knowingly used-- 7,a7 by a foreign financial institution that knowingly holds property or an interest in property of an individual included on the ,,sdn list pursuant to paragraph 7#b72 or 7,b7 to conduct a significant transaction on behalf of such an individual4 7#d7 ,rule of construction ,nothing in this subsection may be construed to prohibit any contract or other financial transaction by a ,united ,states person with a credible nongovernmental humanitarian organization in ,burma4 7c7 ,removal from list ,the ,president may remove an individual from the list required by subsection 7a7 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 violations2 7,b7 cooperated with independent efforts to investigate such violations2 7,c7 been held accountable for such violations2 and 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 national interest of the ,united ,states4 7d7 ,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 7e7 ,waiver ,the ,president may waive a requirement of this section if the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 determines and reports to the appropriate congressional committees that the waiver is important to the national security interests of the ,united ,states4 7f7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of paragraph 7#b7 or 7#c7 of subsection 7b7 or any regulation1 license1 or order issued to carry out either such paragraph 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#c7 ,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 7g7 ,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 institution ,the term financial institution has the meaning given that term in section #ecab of title #ca1 ,united ,states ,code4 7#c7 ,knowingly ,the term knowingly1 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 ,,sdn list ,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#e7 ,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 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 entity2 or 7,c7 any person in the ,united ,states4 #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 roadmap 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 and increase 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 ,in the ruby industry1 this specifically includes working with the ,government of ,burma to require the disclosure of the ultimate beneficial ownership of entities in the industry and the publication of project revenues1 payments1 and contract terms relating to the industry4 ,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 7#c7 ,promote universal access to reliable1 affordable1 energy efficient1 and sustainable power1 including leveraging ,united ,states assistance to support reforms in the power sector and electrification projects that increase energy access1 in partnership with multilateral organizations and the private sector4 #ab4 ,report on ethnic cleansing and serious human rights abuses 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 detailing the credible reports of ethnic cleansing and serious human rights abuses committed against the ,rohingya in ,burma1 including credible reports of war crimes1 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 credible reports of ethnic cleansing and serious human rights abuses perpetrated against the ,rohingya ethnic minority in ,burma1 including-- 7,a7 incidents that may constitute ethnic cleansing1 crimes against humanity1 sexual and gender-based violence1 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 sexual and gender-based violence1 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 credible reports of ethnic cleansing and reports of war crimes1 crimes against humanity1 sexual and gender-based violence1 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 reports of ethnic cleansing1 crimes against humanity1 and genocide in ,burma1 including support for ,burmese and ,bangladeshi1 foreign1 and international nongovernmental organizations1 the ,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 and 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 credible reports of 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 war crimes1 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 mechanisms for ,burma4 #ad4 ,sense of ,congress on press freedom ,in order to promote freedom of the press in ,burma1 it is the sense of ,congress that-- 7#a7 ,wa ,lone and ,kyaw ,soe ,oo should be immediately released and should have access to lawyers and their families2 and 7#b7 the decision to use a colonial-era law to arrest these ,reuters reporters undermines press freedom around the world and further underscores the need for serious legal reform4 #ae4 ,measures relating to military cooperation between ,burma and ,north ,korea 7a7 ,imposition of sanctions 7#a7 ,in general ,the ,president may1 with respect to any person described in paragraph 7#b7-- 7,a7 impose the sanctions described in paragraph 7#a7 or 7#c7 of section #aj7;b72 or 7,b7 include that person on the ,,sdn list 7as defined in section #aj7;g774 7#b7 ,persons described ,a person described in this paragraph is an official of the ,government of ,burma or an individual or entity acting on behalf of that ,government that the ,president determines purchases or otherwise acquires defense articles from the ,government of ,north ,korea or an individual or entity acting on behalf of that ,government4 7b7 ,restriction on foreign assistance ,the ,president may terminate or reduce the provision of ,united ,states foreign assistance to ,burma if the ,president determines that the ,government of ,burma does not verifiably and irreversibly eliminate all purchases or other acquisitions of defense articles by persons described in subsection 7a77#b7 from the ,government of ,north ,korea or individuals or entities acting on behalf of that ,government4 7c7 ,defense article defined ,in this section1 the term defense article has the meaning given that term in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 #af4 ,no authorization for the use of military force ,nothing in this ,act shall be construed as an authorization for the use of force4