#aafth ,,congress #ast ,session ,h4 ,r4 #caij ,,an ,,act ,to authorize humanitarian assistance and impose sanctions with respect to human rights abuses 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 #bjai or the ,,burma ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,findings4 ,title ,i--,matters relating to the conflict in ,burma ,sec4 #aja4 ,statement of policy4 ,sec4 #ajb4 ,sense of ,congress with respect to humanitarian assistance1 freedom of movement1 and rights of returnees4 ,sec4 #ajc4 ,sense of ,congress on freedoms of press and association4 ,sec4 #ajd4 ,imposition of sanctions for the violation of human rights4 ,title ,,ii--,assistance and sanctions with respect to ,burma ,sec4 #bja4 ,authorization to provide humanitarian assistance4 ,sec4 #bjb4 ,imposition of sanctions with respect to human rights abuses in ,burma4 ,title ,,iii--,governance of the ,burmese mining and gemstone sectors ,sec4 #cja4 ,sense of ,congress on the mining sector of ,burma4 ,sec4 #cjb4 ,guidance relating to responsibility and transparency in the mining sector of ,burma4 ,title ,,iv--,accountability for human rights abuses and strategy for economic growth ,sec4 #dja4 ,report on accountability for war crimes1 crimes against humanity1 and genocide in ,burma4 ,sec4 #djb4 ,authorization to provide technical assistance for efforts against human rights abuses4 ,sec4 #djc4 ,strategy for promoting economic development in ,burma4 ,title ,v--,determination of ,budgetary ,effects ,sec4 #eja4 ,determination of budgetary effects4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 and the ,committee on ,armed ,services of the ,senate4 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 extermination2 7,e7 enslavement2 7,f7 rape1 sexual slavery1 or any other form of sexual violence of comparable severity2 7,g7 persecution against any identifiable group or collectivity on political1 racial1 national1 ethnic1 cultural1 religious1 gender1 or other grounds that are universally recognized as impermissible under international law2 and 7,h7 enforced disappearance of persons4 7#c7 ,genocide ,the term genocide means any offense described in section #ajia7;a7 of title #ah1 ,united ,states ,code4 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 to redress legacies of atrocities and 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 #c4 ,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 #bjai1 in response to the violence perpetrated by the ,burmese military and security forces1 the ,united ,nations estimates more than #gdj1jjj ,rohingya1 approximately #ge percent of whom are women and children1 have fled to ,bangladesh1 fearing loss of life1 livelihoods1 and shelter4 ,rohingya have continued to flee ,burma in significant numbers1 including in #bjai4 ,according to the ,united ,nations ,high ,commissioner for ,refugees1 more than #a1djj ,rohingya have arrived in ,bangladesh since ,january #a1 #bjai4 7#c7 ,even after the ,burmese military scaled back attacks against ,rohingya in late #bjag1 security forces continued to impose restrictions on the basic freedoms of ,rohingya in ,rakhine ,state1 including on freedom of movement4 ,in ,november #bjag1 ,amnesty ,international determined that ,rohingya remaining in ,rakhine are trapped in a vicious system of state-sponsored1 institutionalized discrimination that amounts to apartheid4 7#d7 ,despite the steps taken toward democracy in ,burma1 there exists limited control by the civilian government over civilian agencies as well as military and security forces that carried out the violence in ,rakhine ,state4 ,the military and security forces continue to engage in grave human rights abuses against ethnic minorities throughout in the country4 7#e7 ,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 hold perpetrators accountable4 7#f7 ,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#g7 ,due to restrictions enforced by the ,rakhine ,state government and the national military and security forces1 there has been little progress made since that time and limited ability for the international community to support1 verify1 or evaluate the ,government of ,burma's efforts4 ,there are also credible reports of ,burmese military and security forces bulldozing numerous villages where violence occurred1 thus destroying physical evidence1 and in some cases1 constructing new military installations on top of the bulldozed villages4 7#h7 ,on ,november #bb1 #bjag1 former ,secretary of ,state ,rex ,tillerson stated that ,after a 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 accountable4 ,he also said the violence has a number of characteristics of certainly crimes against humanity4 ,despite repeated requests from ,members of ,congress1 as well as the result of its own investigation 7the executive summary of which was released on ,september #ag1 #bjah71 the ,department has declined to make a determination if the atrocities in ,rakhine ,state constitute genocide or crimes against humanity4 7#i7 ,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 7#aj7 ,another barrier to the voluntary1 safe1 dignified and sustainable return of the ,rohingya to ,rakhine ,state is the refusal of the ,government of ,burma to reinstate the full citizenship of the ,rohingya1 as well as the ,government's unwillingness to consider the repeal of or amendments to the ,citizenship ,act of #aihb that stripped the ,rohingya of their full citizenship4 7#aa7 ,during #bjah1 the ongoing conflict in ,burma escalated in ,kachin and ,shan ,states1 reignited in ,karen 7,kayin7 ,state1 and spread into ,chin and ,rakhine ,states4 ,along with the increase in fighting between ,burma's security forces and several ethnic armed organizations1 there was a rise in allegations of human rights abuses perpetrated by ,burmese security forces in these conflict areas4 7#ab7 ,in ,april #bjah1 thousands of civilians fled fighting between the military and ethnic armed groups in ,kachin ,state1 prompting peaceful demonstrations4 ,in ,december #bjah1 three prominent activist in ,kachin ,state1 ,lum ,zawng1 ,nang ,pu and ,zau ,jet were convicted and sentenced to #f months imprisonment for defaming the military4 7#ac7 ,on ,june #f1 #bjah1 the ,united ,nations ,refugee ,agency and the ,united ,nations ,development ,programme signed a tripartite ,memorandum of ,understanding with ,burma4 ,the ,office of the ,united ,nations ,high ,commissioner for ,refugees and various international human rights and international relief agencies agreed that conditions in ,rakhine ,state are not sufficient for the voluntary1 safe1 dignified1 and sustainable return of the ,rohingya4 7#ad7 ,the ,united ,nations ,independent ,international ,fact-,finding ,mission on ,myanmar1 the ,department of ,state1 and more than a dozen 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 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#ae7 ,in its report of ,september #ag1 #bjah1 the ,united ,nations ,independent ,international ,fact-,finding ,mission on ,myanmar determined that there was sufficient evidence of genocidal intent in the attacks against the ,rohingya in ,rakhine ,state1 and probable crimes against humanity and war crimes in ,burmese security forces assaults on ethnic minorities in ,kachin and ,shan ,states4 ,the ,mission recommended that the ,united ,nations ,security ,council should ensure accountability for crimes under international law committed in ,myanmar1 preferably by referring the situation to the ,international ,criminal ,court or alternatively by creating an ad hoc international criminal tribunal4 ,the ,mission also recommended the imposition of targeted economic sanctions1 including an arms embargo on ,burma4 7#af7 ,on ,september #c1 #bjah1 ,wa ,lone and ,kyaw ,soe ,oo were convicted and sentenced to seven years in prison and released as an act of ,presidential amnesty on ,may #f1 #bjai1 after over #ejj days in jail4 ,time ,magazine included pictures the two reporters on the cover of its ,person of the ,year issue on ,december #aj1 #bjah1 as two of the ,guardians and the ,war on ,truth4 7#ag7 ,according to the free-speech organization ,athan1 #dd journalists and #adb activists have faced trial since #bjaf charged with colonial-era laws used to stifle dissent1 while tightening restrictions on activist groups4 7#ah7 ,on ,september #bh1 #bjah1 the ,united ,nations ,human ,rights ,council passed a resolution that calls for an independent mechanism to collect and analyze evidence in regard to the serious international crimes committed in ,burma against ,rohingya ,muslims and other minorities since #bjaa4 ,the resolution requests that the independent mechanism prepare files in order to facilitate and expedite fair and independent criminal proceedings1 in accordance with international law standards1 in national1 regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes4 7#ai7 ,on ,november #ae1 #bjah1 the ,government of ,bangladesh and the ,government of ,burma abandoned plans to return more than #b1jjj ,rohingya to ,rakhine ,state after it was determined that none were willing to voluntarily return given the current conditions in ,rakhine ,state1 as well as the ,government of ,burma's failure to ensure the returnees' safety1 dignity1 or sustainability of their livelihoods4 7#bj7 ,a ,december #bjah report by the ,public ,law ,interest ,policy group noted that the destruction of their villages1 crops1 and virtually all infrastructure clearly points to a strategy of ensuring the ,rohingya's permanent removal4 ,the mass killings and accompanying brutality1 including against children1 women1 pregnant women1 the elderly1 and those crossing the border to ,bangladesh further suggest1 however1 that1 at least in the minds of some perpetrators1 the goal was not only to expel1 but also to exterminate the ,rohingya 99 99 99 and that there are reasonable grounds to believe that crimes against humanity1 genocide1 and war crimes have been committed against the ,rohingya in ,myanmar's northern ,rakhine ,state4 7#ba7 ,despite substantial evidence of widespread and systematic atrocities committed by ,burmese security forces in ,rakhine ,state1 ,state ,counselor ,aung ,san ,suu ,kyi and ,burma's ,commander-in-,chief ,senior ,general ,min ,aung ,hlaing continue to maintain that no such widespread and systematic atrocities occurred4 7#bb7 ,on ,december #ac1 #bjah1 the ,united ,states ,house of ,representatives passed ,house ,resolution #ajia 7#aaeth ,congress7 which expressed the sense of the ,house that the atrocities committed against the ,rohingya by the ,burmese military and security forces since ,august #bjag constitute crimes against humanity and genocide and called upon the ,secretary of ,state to review the available evidence and make a similar determination4 7#bc7 ,on ,december #ai1 #bjah1 the ,united ,nations ,humanitarian ,coordinator requested #bjb1jjj1jjj for the #bjai ,humanitarian ,response ,plan for ,burma4 7#bd7 ,the #bjai ,joint ,response ,plan for the ,rohingya ,humanitarian ,crisis asks the international community to provide #bj1ejj1jjj in assistance to meet needs in ,bangladesh4 7#be7 ,on ,may #ad1 #bjai1 the ,united ,nations ,fact-,finding ,mission on ,myanmar urged all countries to cut off economic ties to ,burma's military-owned businesses1 stating 99 99 99 due to the gravity of past and continuing violations1 attention must be given to the political1 economic and financial ties of the ,myanmar military 99 99 99 so we can cut off the money supply as a means of increasing pressure and reducing the violence44 ,i ,matters relating to the conflict in ,burma #aja4 ,statement of policy ,it is the policy of the ,united ,states as follows3 7#a7 ,to support a complete transition to democracy and genuine national reconciliation in ,burma1 including accountability for the atrocities committed by the ,burmese military against the ,rohingya population and other ethnic minorities throughout the country4 7#b7 ,to pursue a ,united ,states 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 religion4 7#c7 ,to ensure that the guiding principles of such a strategy include-- 7,a7 supporting legal reforms1 removing remaining restrictions on civil and political rights1 and ensuring 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 free1 fair1 and democratic elections in which all people of ,burma can vote2 7,c7 promoting national reconciliation and the conclusion of a nationwide cease-fire agreement1 including the development of a political system that is inclusive of ethnic ,rohingya1 ,shan1 ,kachin1 ,chin1 ,karen1 and other ethnic groups1 measures to address natural resource governance1 revenue-sharing1 land rights1 and constitutional change enabling inclusive peace2 7,d7 ensuring accountability through independent international investigations of genocide1 war crimes1 and crimes against humanity1 including sexual and gender-based violence1 perpetrated against the ,rohingya and other ethnic minorities by the military and security forces of ,burma1 violent extremist groups and other combatants involved in the conflict2 7,e7 strengthening ,burma's civilian governmental institutions1 including support for greater transparency and accountability2 7,f7 encouraging the establishment of professional military1 security1 and police forces that operate under civilian control and are held accountable for human rights abuses1 corruption1 or other abuses of power2 7,g7 combating 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 encouraging the provision of full citizenship for the ,rohingya population in ,burma1 as well as durable solutions 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 promoting broad-based1 inclusive economic development and fostering healthy and resilient communities4 #ajb4 ,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 funding1 from both public and private sources1 is 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 institutions1 such as the ,association of ,southeast ,asian ,nations4 7b7 ,restoration of humanitarian access and accountability in ,rakhine ,state ,congress calls on the ,government of ,burma1 including the ,burmese military and security forces1 to ensure full and secure humanitarian access to the ,state of ,rakhine and to cooperate with the ongoing international mechanism set up by the ,united ,nations ,human ,rights ,council in ,september #bjah and funded by the ,united ,nations ,general ,assembly to gather evidence and other information pertaining to allegations of crimes against humanity and genocide committed in ,burma4 7c7 ,rights of refugees1 internally displaced persons1 and returnees 7#a7 ,burma ,congress calls on the ,government of ,burma to-- 7,a7 ensure that ,rohinyga in ,burma have freedom of movement2 7,b7 create conditions for return of those displaced from their homes and implement the recommendations of the ,advisory ,commission on ,rakhine ,state1 which includes full and equal citizenship2 7,c7 work closely with the international community1 including the ,united ,nations ,high ,commissioner for ,refugees1 to ensure the dignified1 safe1 sustainable and voluntary return of all those displaced from their homes1 especially from ,rakhine ,state1 without an unduly high burden of proof2 and 7,d7 offer compensation or restitution to those refugees who do not want to return to their homes4 7#b7 ,bangladesh ,congress calls on the ,government of ,bangladesh to-- 7,a7 ensure that the rights of refugees are protected1 including through allowing them to build more permanent shelters1 and ensuring equal access to healthcare1 basic services1 education and work2 7,b7 work closely with the international community1 including the ,united ,nations ,high ,commissioner for ,refugees1 to ensure that any repatriation or resettlement of refugees be dignified1 safe1 sustainable and voluntary2 and 7,c7 ensure that any relocation or local integration of refugees in ,bangladesh be consistent with international humanitarian principles1 including freedom of movement1 and implemented only through voluntary1 fully informed consent4 #ajc4 ,sense of ,congress on freedoms of press and association ,it is the sense of ,congress that1 in order to promote the freedom of the press and speech1 the ,government of ,burma should undertake serious legal reforms including reform of the ,official ,secrets ,act1 #aibc1 the ,unlawful ,association ,act1 #aijh1 and the ,penal ,code4 #ajd4 ,imposition of sanctions for the violation of human rights ,the ,president shall impose sanctions-- 7#a7 against officials in ,burma1 including ,commander in ,chief of the ,armed ,forces of ,myanmar ,min ,aung ,hlaing1 under the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note72 and 7#b7 against military-owned enterprises1 including the ,myanmar ,economic ,corporation and ,union of ,myanmar ,economic ,holding1 under the ,burmese ,freedom and ,democracy ,act 7#ej ,u4,s4,c4 #agja note71 the ,tom ,lantos ,block ,burmese ,,jade 7,junta's ,anti-,democratic ,efforts7 ,act of #bjjh 7#ej ,u4,s4,c4 #agja note71 and other relevant statutory authorities4 ,,ii ,assistance and sanctions with respect to ,burma #bja4 ,authorization to provide humanitarian assistance ,there is authorized to be appropriated #bbj1ejj1jjj for fiscal year #bjbj to provide humanitarian assistance for ,burma1 ,bangladesh1 and the surrounding region1 including for the following purposes3 7#a7 ,assisting the victims of the ,burmese military's crimes against humanity targeting ,rohingya and other ethnic minorities in ,rakhine1 ,kachin1 and ,shan ,states1 including those displaced in ,burma1 ,bangladesh1 ,thailand1 and the surrounding region4 7#b7 ,supporting voluntary resettlement or repatriation of such displaced persons in ,burma1 upon the conclusion of genuine agreements developed and negotiated with the involvement and consultation of such displaced persons4 7#c7 ,assistance to promote ethnic and religious tolerance1 combat gender-based violence1 and support victims of violence and destruction in ,rakhine1 ,kachin1 and ,shan ,states4 7#d7 ,supporting programs to investigate and document allegations of war crimes1 crimes against humanity1 and genocide committed in ,burma1 including gender-based violence4 7#e7 ,supporting access to education for children currently living in refugee camps in the surrounding region1 and access to higher education in ,bangladesh4 7#f7 ,assisting minority ethnic groups and civil society in ,burma to help sustain cease-fire agreements and further prospects for reconciliation and sustainable peace4 7#g7 ,promoting ethnic minority inclusion and participation in ,burma's political processes4 #bjb4 ,imposition of sanctions with respect to human rights abuses in ,burma 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 determines1 based on credible evidence-- 7#a7 is a current or former senior official of the military or security forces of ,burma who-- 7,a7 knowingly perpetrated1 ordered1 or otherwise directed serious human rights abuses in ,burma2 or 7,b7 has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses1 including against the ,rohingya community in ,rakhine ,state2 7#b7 is an entity owned or controlled by any person described in paragraph 7#a72 7#c7 is an entity1 such as the ,myanmar ,economic ,cooperation or the ,myanmar ,economic ,holding ,corporation1 that is owned or controlled1 directly or indirectly1 by the military or security forces of ,burma1 including through collective or cooperative structures1 from which one or more persons described in paragraph 7#a7 derive significant revenue or financial benefit2 or 7#d7 has knowingly-- 7,a7 provided significant financial1 material1 or technological support-- 7i7 to a foreign person described in paragraph 7#a7 in furtherance of any of the acts described in subparagraph 7,a7 or 7,b7 of such paragraph2 or 7ii7 to any entity owned or controlled by such person or an immediate family member of such person2 or 7,b7 received significant financial1 material1 or technological support from a foreign person described in paragraph 7#a7 or an entity owned or controlled by such person or an immediate family member of such person4 7b7 ,sanctions described2 exceptions 7#a7 ,sanctions ,the sanctions described in this subsection 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 foreign 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 inadmissible for visas1 admission1 or parole 7i7 ,visas1 admission1 or parole ,a foreign person described in subsection 7a7 is-- 7,i7 inadmissible to the ,united ,states2 7,,ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,,iii7 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 7ii7 ,current visas revoked ,a foreign person described in subsection 7a7 is subject to the following3 7,i7 ,revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7,,ii7 ,a revocation under subclause 7,i7 shall-- 7aa7 take effect immediately2 and 7bb7 automatically cancel any other valid visa or entry documentation that is in the foreign person's possession4 7#b7 ,exception to comply with ,united ,nations ,headquarters ,agreement ,sanctions under paragraph 7#a77;,b7 shall not apply with respect to an alien if admitting or paroling 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 ,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 section and shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7e7 ,exception relating to the importation of goods 7#a7 ,in general ,the authorities and requirements to impose sanctions authorized under this ,act shall not include the authority or requirement to impose sanctions on the importation of goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7f7 ,waiver ,the ,president may annually waive the application of sanctions imposed on a foreign person pursuant to subsection 7a7 if the ,president-- 7#a7 determines that a waiver with respect to such foreign person 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 following committees notice of and justification for such waiver3 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 section-- 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 ,,iii ,governance of the ,burmese mining and gemstone sectors #cja4 ,sense of ,congress on the mining sector of ,burma 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 companies1 and companies owned or controlled by current and former senior military officers or their family members1 are linked to the mining sector1 including the gemstone industry1 and benefit financially from widespread illegal smuggling of jade and rubies from ,burma4 7#c7 ,illegal trafficking in precious and semiprecious stones from ,burma1 including the 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 ,in #bjaf1 the ,government of ,burma began to take steps to reform aspects of the mining sector1 including-- 7,a7 improving governance in the gemstone industry1 by temporarily suspending the issuance or renewal of jade and gemstone mining permits2 7,b7 commissioning an environmental management plan for some mining areas2 and 7,c7 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 ,in ,january #bjai1 the ,government of ,burma adopted a new ,gemstone ,law that does not adequately address corruption and tax avoidance1 conflicts of interest1 or the factors fueling conflict in ,kachin ,state and other gemstone mining areas4 7#f7 ,the lifting in ,october #bjaf of ,united ,states sanctions on the importation of jade and 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 notwithstanding ,burma's ,trafficking in ,persons ranking1 the ,president should continue to provide assistance to ,burma1 pursuant to the waiver authority under section #aaj7;d77#d7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;d77#d771 in order to re-engage 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 to 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 section #cjb7;b77#b7 or from third parties that can 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 promulgated by the ,organization for ,economic ,cooperation and ,development4 #cjb4 ,guidance relating to responsibility and transparency in the mining sector of ,burma 7a7 ,list of participating white-,list entities ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter until the date described in subsection 7e71 the ,secretary of ,state shall submit to the appropriate congressional committees1 and publish on a publicly available website1 a list of each entity described in subsection 7b77#a7 that-- 7#a7 participates in ,burma's mining sector2 7#b7 publicly discloses beneficial ownership1 as such term is defined for purposes of the ,myanmar ,extractive ,industry ,transparency ,initiative 7,myanmar ,,eiti72 7#c7 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 authority2 and 7#d7 is making significant progress toward meeting the criteria described in subsection 7b77#b74 7b7 ,entities and criteria described 7#a7 ,entities described ,the entities described in this subsection 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 7#b7 ,criteria described ,the criteria described in this subsection are the following3 7,a7 ,the entity publicly discloses any politically exposed persons1 officers1 directors or beneficial owners1 as defined under the ,myanmar ,,eiti4 7,b7 ,the entity publicly discloses valid authorization1 license1 or permit to produce1 process1 sell1 or export minerals or gemstones1 as applicable4 7,c7 ,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 ,,eiti standards4 7,d7 ,the entity undertakes 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 ,periodic updating ,the ,secretary shall periodically update the publicly available version of the list described in subsection 7a7 as appropriate4 7d7 ,guidance and white-,list entities ,the ,secretary shall issue guidance for entities in the ,united ,states private sector with respect to the best practices for supply-chain due diligence that are applicable to importation of gemstones or minerals that may be of ,burmese origin or articles of jewelry containing such gemstones1 including with respect to transactions with entities approved for inclusion in the list published pursuant subsection 7a71 in order to mitigate potential risks and legal liabilities associated with the importation of such items4 7e7 ,termination ,the date described in this section is 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 ,require the mandatory disclosure of payments1 permit and license allocations1 project revenues1 contracts1 and beneficial ownership1 including the identification 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 ,separate 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 ,monitor and undertake enforcement actions1 as warranted1 to ensure that entities-- 7,a7 adhere to environmental and social impact assessment and management standards in accordance with international responsible mining practices1 the country's environmental conservation law1 and other applicable laws and regulations2 and 7,b7 uphold occupational health and safety standards and codes of conduct that are aligned with the core labor standards of the ,international ,labour ,organisation and with domestic law4 7#d7 ,address the transparent and fair distribution of benefits from natural resources1 including through local benefit-sharing4 7#e7 ,reform the process for valuation of gemstones at the mine-site1 including developing an independent valuation system to prevent undervaluation and tax evasion4 7#f7 ,require companies bidding for jade and ruby mining1 finishing1 or export permits to be independently audited upon the request of the ,government of ,burma and making the results of all such audits public4 7#g7 ,establish credible and transparent procedures for permit allocations that are independent from external influence1 including scrutiny of applicants that prevents unscrupulous entities from gaining access to concessions or the right to trade in minerals or gemstones4 7#h7 ,establish effective oversight of state-owned enterprises operating in such sector1 including through parliamentary oversight or requirements for independent financial auditing4 ,,iv ,accountability for human rights abuses and strategy for economic growth #dja4 ,report on accountability for war crimes1 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 that-- 7#a7 summarizes credible reports of serious human rights violations1 including war crimes1 committed against the ,rohingya or other ethnic minorities in ,burma between #bjab and the date of the submission of the report2 7#b7 describes any potential transitional justice mechanisms in ,burma2 7#c7 provides an analysis of whether the serious human rights violations summarized pursuant to paragraph 7#a7 amount to war crimes1 crimes against humanity1 or genocide2 and 7#d7 includes a determination of the ,secretary whether-- 7,a7 the events that took place in the state of ,rakhine in ,burma1 starting on ,august #be1 #bjag1 constitute war crimes1 crimes against humanity1 or genocide2 or 7,b7 the situation faced by the ,rohingya in ,rakhine ,state1 between #bjab and the date of the submission of the report1 amounts to or has amounted to the crime of apartheid4 7b7 ,elements ,the report required by subsection 7a7 shall also include each of the following3 7#a7 ,a description of-- 7,a7 each incident for which there is credible evidence that the incident may constitute war crimes1 crimes against humanity1 or genocide committed by the ,burmese military or security forces against the ,rohingya and other ethnic minorities1 including the identities of any other actors involved in such incident2 7,b7 the role of the civilian government in the commission of any such incidents2 7,c7 each incident for which there is credible evidence that the incident may constitute war crime1 crimes against humanity1 or genocide committed by violent extremist groups in ,burma2 7,d7 each attack on health workers1 health facilities1 health transport1 or patients and1 to the extent possible1 the identities of any individuals who engaged in or organized such incidents in ,burma2 and 7,e7 to the extent possible1 a description of the conventional and unconventional weapons used for any such crimes and the sources of such weapons4 7#b7 ,a description and assessment1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,attorney ,general1 and other heads of any other appropriate ,federal departments or agencies1 of the effectiveness of any programs that the ,united ,states has already undertaken to ensure accountability for war crimes1 crimes against humanity1 and genocide perpetrated against the ,rohingya by the military and security forces of ,burma1 the ,rakhine ,state government1 pro-government militias1 and all other armed groups operating 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 identify1 and locate alleged perpetrators of war crimes1 crimes against humanity1 or genocide in ,burma2 7,b7 promote and prepare for a transitional justice process or processes for the perpetrators of war crimes1 crimes against humanity1 and genocide occurring in the ,state of ,rakhine in #bjag2 and 7,c7 document1 collect1 preserve1 and protect evidence of war crimes1 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 activities4 7#c7 ,a detailed study of the feasibility and desirability of potential transitional justice mechanisms for ,burma1 such as an international tribunal1 a hybrid tribunal1 or other international options1 that includes-- 7,a7 a discussion of the use of universal jurisdiction or of legal cases brought against the country of ,burma by other sovereign countries at the ,international ,court of ,justice to address war crimes1 crimes against humanity1 and genocide perpetrated in ,burma2 7,b7 recommendations on which transitional justice mechanisms the ,united ,states should support1 why such mechanisms should be supported1 and what type of support should be offered2 and 7,c7 close consultation regarding transitional justice mechanisms with ,rohingya representatives and those of other ethnic minorities who have suffered grave human rights abuses4 7c7 ,protection of witnesses and evidence ,the ,secretary of ,state shall ensure that the identification of witnesses and physical evidence for purposes of the report required by subsection 7a7 are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of such evidence by the military or ,government of ,burma4 7d7 ,crime of apartheid ,in this section1 the term crime of apartheid means inhumane acts that-- 7#a7 are of a character similar to the acts referred to in subparagraphs 7,a7 through 7,h7 of section #b7b72 7#b7 are committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group2 and 7#c7 are committed with the intention of maintaining such regime4 #djb4 ,authorization to provide technical assistance for efforts against human rights abuses 7a7 ,in general ,the ,secretary of ,state is authorized to provide assistance to support appropriate civilian or international entities that are undertaking the efforts described in subsection 7b7 with respect to war crimes1 crimes against humanity1 and genocide perpetrated by the military and security forces of ,burma1 the ,rakhine ,state government1 pro-government militias1 or any other armed groups fighting in ,rakhine ,state4 7b7 ,efforts against human rights abuses ,the efforts described in this subsection are the following3 7#a7 ,identifying suspected perpetrators of war crimes1 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 7c7 ,authorization for transitional justice mechanisms ,the ,secretary of ,state1 taking into account any relevant findings in the report required by section #dja7;a71 is authorized to provide support for the creation and operation of transitional justice mechanisms1 including a potential hybrid tribunal1 to prosecute individuals suspected of committing war crimes1 crimes against humanity1 or genocide in ,burma4 #djc4 ,strategy for promoting economic development in ,burma 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 sustainable1 inclusive and broad-based economic development in ,burma1 in accordance with the priorities of disadvantaged communities in ,burma and in consultation with relevant civil society and local stakeholders1 to improve economic conditions and government transparency4 7b7 ,elements ,the strategy required by subsection 7a7 to promote sustainable1 inclusive and broad-based economic development shall include a plan with each of the following elements3 7#a7 ,measures to diversify control over and access to participation in key industries and sectors1 including efforts to remove barriers and increase competition1 access1 and opportunity in sectors dominated by officials of the ,burmese military1 former military officials1 and their families1 and businesspeople connected to the military of ,burma1 with the goal of eliminating the role of the military in the economy of ,burma4 7#b7 ,measures to increase transparency disclosure requirements in key sectors of the economy of ,burma1 to promote responsible investment1 including through-- 7,a7 efforts to provide technical support to develop and implement policy reforms related to public disclosure of the beneficial owners of entities in key sectors identified by the ,government of ,burma1 specifically by-- 7i7 working with the ,government of ,burma to require the disclosure of the ultimate beneficial ownership of entities in the mining industry and the publication of project revenues1 payments1 and contract terms relating to that industry2 and 7ii7 ensuring that reforms complement the disclosures required to be put in place in ,burma as a result of its participation in the ,extractives ,industry ,transparency ,initiative2 and 7,b7 efforts to 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 7#c7 ,measures to create an enabling environment for economic growth and opportunity for all ethnic groups residing in ,burma1 including through addressing issues related to land tenure4 7#d7 ,an identification of 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 resources4 7c7 ,consultation required ,in developing the strategy required by subsection 7a71 the ,secretary of ,state shall consult with appropriate officials of the ,government of ,burma1 ethnic groups and civil society leaders in ,burma4 7d7 ,report on implementation ,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-- 7#a7 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 strategy2 and 7#b7 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 #dja7;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 and 7iii7 avoidance of displacement of local populations without meaningful consultation and consent1 harm mitigation1 and compensation4 ,v ,determination of ,budgetary ,effects #eja4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,committee on the ,budget of the ,house of ,representatives1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,september #bd1 #bjai4;,clerk4