,,ii #aafth ,,congress #ast ,session ,s4 #aahf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai ,mr4 ,cardin 7for himself1 ,mr4 ,young1 ,mr4 ,durbin1 ,mr4 ,rubio1 ,mr4 ,merkley1 ,ms4 ,collins1 ,ms4 ,cantwell1 ,mr4 ,murphy1 ,mr4 ,wyden1 ,mr4 ,casey1 ,mr4 ,markey1 ,mr4 ,kaine1 ,ms4 ,baldwin1 ,mr4 ,schatz1 ,mr4 ,coons1 and ,mr4 ,booker7 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 #bjai4 #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 but there remain important structural1 societal1 and systemic impediments to the realization of a fully democratic civilian government4 7#b7 ,on ,august #be1 #bjag1 ,burmese military forces initiated a violent crackdown in ,burma's ,rakhine state1 attacking police posts and inciting what was1 for an extended period of time1 the world's fastest-growing refugee crisis4 ,refugee flows have since slowed down significantly1 but continue to this day4 7#c7 ,more than #gbg1jjj ,rohingya have fled to ,bangladesh since ,august #bjag1 fearing loss of livelihoods and shelter and disproportionate use of force by the military of ,burma4 ,as of ,january #bjai1 over #ijj1jjj ,rohingya reside in refugee camps in ,bangladesh4 7#d7 ,in ,april #bjah1 the ,department of ,state determined that ethnic cleansing against the ,rohingya minority in ,rakhine ,state occurred during the previous year1 as documented in the annual ,country ,report on ,human ,rights ,practices for ,burma4 7#e7 ,on ,december #ba1 #bjag1 and ,august #ag1 #bjah1 using the authority granted by the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh71 the ,united ,states ,government imposed sanctions on ,maung ,maung ,soe and added ,lt4 ,general ,aung ,kyaw ,zaw1 ,major ,general ,khin ,hlaing1 ,major ,general ,khin ,maung ,soe1 and ,brigadier ,general ,thura ,san ,lwin1 as well as the #ccrd ,light ,infantry ,division and the #iith ,light ,infantry ,division1 to the ,specially ,designated ,nationals 7,,sdn7 list4 7#f7 ,on ,august #bd1 #bjah1 the ,united ,nations ,independent ,international ,fact-,finding ,mission on ,myanmar issued a report stating that there is sufficient information to warrant the investigation and prosecution of senior officials in the ,tatmadaw chain of command1 so that a competent court can determine their liability for genocide in relation to the situation in ,rakhine ,state4 7#g7 ,on ,september #bd1 #bjah1 the ,department of ,state released a report that laid out a compelling case for crimes against humanity committed by the ,burmese military against ,burma's ,rohingya population in ,rakhine state1 while stopping short of a legal determination4 7#h7 ,on ,september #bh1 #bjah1 the ,united ,nations ,human ,rights ,council approved the establishment of an independent mechanism to collect and analyze evidence in regard to the serious international crimes committed in ,myanmar against ,rohingya ,muslims and other minorities since #bjaa4 7#i7 ,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 indiscriminate attacks on civilians2 rape of women and girls2 and arbitrary arrest and detention of ,rohingya men without charge4 7#aj7 ,the ,government of ,burma continues to block access to northern ,rakhine ,state by ,united ,nations and other humanitarian organizations1 preventing hundreds of thousands of vulnerable ,rohingya1 ,rakhine1 and other ethnic groups1 including children with acute malnutrition1 from receiving humanitarian aid4 7#aa7 ,the people of ,burma continue to suffer from ongoing armed conflict between the military of ,burma1 known as the ,tatmadaw1 the ,arakan ,army1 and nearly #bj armed ethnic organizations4 7#ab7 ,corruption and lack of transparency allow ,burma's military junta to use the trade of ,burma's natural resources1 in particular jade and rubies1 to enrich notorious leaders1 including former dictator ,than ,shwe and ,united ,states-sanctioned drug lord ,hsueh ,kang ,wei4 ,vested interests in jade and rubies undermine prospects for resolving the most intractable armed conflict in ,burma4 7#ac7 ,any prospects for a full democracy in ,burma are contingent on ending the civil wars and finding a path toward national reconciliation that builds respect for the dignity of ,burma's ethnic and religious minorities4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,crimes against humanity ,the term crimes against humanity includes1 when committed as part of a widespread or systematic attack directed against any civilian population1 with knowledge of the attack-- 7,a7 murder2 7,b7 deportation or forcible transfer of population2 7,c7 torture2 7,d7 rape1 sexual slavery1 or any other form of sexual violence of comparable severity2 7,e7 persecution against any identifiable group or collectivity on political1 racial1 national1 ethnic1 cultural1 religious1 gender or other grounds that are universally recognized as impermissible under international law2 and 7,f7 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-- 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 independent and international investigations into credible reports of war crimes1 crimes against humanity1 including sexual and gender-based violence and genocide1 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 war crimes1 crimes against humanity1 including sexual and gender-based violence 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 crises1 including by supporting the return of the displaced ,rohingya to their homes and granting or restoring full citizenship for the ,rohingya population2 and 7,l7 promoting broad-based1 inclusive economic development and fostering healthy and resilient communities4 #e4 ,authorization of appropriations for humanitarian assistance and reconciliation ,there is authorized to be appropriated not less than #bbj1ejj1jjj for fiscal year #bjbj for humanitarian assistance and reconciliation activities for ethnic groups and civil society organizations in ,burma1 ,bangladesh1 ,thailand1 and the region4 ,the assistance may include-- 7#a7 assistance for the victims of the ,burmese military's crimes against humanity targeting ,rohingya and other ethnic minorities in ,rakhine ,state1 ,kachin1 and ,shan ,states1 including those displaced in ,burma1 ,bangladesh1 ,thailand1 and the region2 7#b7 support for voluntary resettlement or repatriation in ,burma1 pending a genuine repatriation agreement that is developed and negotiated with ,rohingya involvement and consultation2 7#c7 assistance to promote ethnic and religious tolerance1 to combat gender-based violence1 and to support victims of violence and destruction in ,rakhine1 ,kachin1 and ,shan ,states1 including victims of gender-based violence and unaccompanied minors2 7#d7 support for formal education for children currently living in the camps1 and opportunities to access higher education in ,bangladesh2 7#e7 support for programs to investigate and document allegations of war crimes and crimes against humanity1 including sexual and gender-based violence and genocide committed in ,burma2 7#f7 assistance to ethnic groups and civil society in ,burma to help sustain ceasefire agreements and further prospects for reconciliation and sustainable peace2 and 7#g7 promotion of ethnic minority inclusion and participation in ,burma's political processes4 #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 verification1 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 sustainable1 and voluntary return of all those displaced from their homes1 especially from ,rakhine ,state1 without an unduly high burden of proof1 and the opportunity to obtain appropriate compensation to restart their lives in ,burma2 7#b7 ensure that those returning are granted or restored full citizenship and all the rights that adhere to citizenship in ,burma2 7#c7 offer to those who do not want to return meaningful opportunity to obtain appropriate compensation or restitution2 7#d7 not place returning ,rohingya in internally displaced persons camps or model villages1 but instead make efforts to reconstruct ,rohingya villages as and where they were2 7#e7 facilitate the return of any funds collected by the ,government by harvesting the land previously owned and tended by ,rohingya farmers for them upon their return2 7#f7 fully implement all of the recommendations of the ,advisory ,commission on ,rakhine ,state2 and 7#g7 ensure there is proper consultation1 buy-in1 and confidence building from the ,rohingya refugee community on decisions being made on their behalf4 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 refugees1 including ,rohingya persons living in camps in ,bangladesh and in internally displaced persons camps in ,burma1 have freedom of movement1 including outside of the camps1 and under no circumstance are subject to unsafe1 involuntary1 or uninformed repatriation2 7#b7 to ensure the dignified1 safe1 sustainable1 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 restitution2 and 7#c7 to ensure the rights of refugees are protected1 including through allowing them to build more permanent shelters1 and ensuring equal access to healthcare1 basic services1 education1 and work4 #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 institutes meaningful internal reforms to stop future human rights violations4 7#b7 ,the military supports efforts to carry out meaningful and comprehensive independent and international investigations of credible reports of abuses and is holding accountable those in the ,burmese military responsible for human rights violations4 7#c7 ,the military supports efforts to carry out meaningful and comprehensive independent and international investigations of reports of conflict-related sexual and gender-based violence and is holding 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 and other minority communities in ,rakhine1 ,kachin1 and ,shan ,states1 specifically to the ,united ,nations ,high ,commissioner for ,refugees and other relevant ,united ,nations agencies4 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 and other minority 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-- 7i7 security sector reform1 including as it relates to an end to involvement in the illicit trade in jade1 rubies1 and other natural resources2 7ii7 reforms to end corruption and illicit drug trafficking2 and 7iii7 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 military recruitment and use of children as soldiers4 7,f7 ,an assessment of the ,burmese military's use of violence against women1 sexual violence1 or other gender-based violence as a tool of terror1 war1 or crimes against humanity4 7f7 ,civilian channels ,any program initiated under this section shall use appropriate civilian government channels with the democratically elected ,government of ,burma4 7g7 ,regular consultations ,any new program or activity in ,burma initiated under this section shall be subject to prior consultation with the appropriate congressional committees4 #i4 ,trade restrictions 7a7 ,reinstatement of import restrictions on jadeite and rubies from burma 7#a7 ,in general ,section #c;,a of the ,burmese ,freedom and ,democracy ,act of #bjjc 7,public ,law #ajh-fa2 #ej ,u4,s4,c4 #agja note7 is amended by adding at the end the following3 7i7 ,termination ,notwithstanding section #i1 this section shall remain in effect until the ,president determines and certifies to the appropriate congressional committees that the ,government of ,burma has taken measures to reform the gemstone industry in ,burma1 including measures to require-- 7#a7 the disclosure of the ultimate beneficial ownership of entities in that industry2 and 7#b7 the publication of project revenues1 payments1 and contract terms relating to that industry4 4 7#b7 ,conforming amendments ,section #c;,a of the ,burmese ,freedom and ,democracy ,act of #bjjc is further amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ae days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjai2 and 7ii7 in paragraph 7#c71 by striking the date of the enactment of this ,act and inserting the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjai2 and 7,b7 in subsection 7c77#a71 by striking until such time and all that follows through #bjjh and inserting beginning on the date that is #ae days after the date of the enactment of the ,burma ,human ,rights and ,freedom ,act of #bjai4 7#c7 ,effective date ,the amendments made by this subsection shall apply with respect to articles entered1 or withdrawn from warehouse for consumption1 on or after the #aeth day after the date of the enactment of this ,act4 7b7 ,review of eligibility for generalized system of preferences 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,president shall submit to the committees specified in paragraph 7#b7 a report that includes a detailed review of the eligibility of ,burma for preferential duty treatment under the ,generalized ,system of ,preferences under title ,v of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfa et seq474 7#b7 ,committees specified ,the committees specified in this paragraph are-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,finance1 and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,foreign ,affairs1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 #aj4 ,visa ban and economic sanctions with respect to military officials responsible for human rights 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-- 7,a7 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 gross violations of human rights1 war crimes1 or crimes against humanity 7including sexual or gender-based violence71 in ,burma1 including against the ,rohingya minority population2 and 7,b7 entities owned or controlled by officials described in subparagraph 7,a74 7#b7 ,inclusions ,the list required by paragraph 7#a7 shall include-- 7,a7 each senior official of the military and security forces of ,burma-- 7i7 in charge of a unit that was operational during the so-called clearance operations that began during or after ,october #bjaf2 and 7ii7 who-- 7,i7 knew1 or should have known1 that the official's subordinates were committing gross violations of human rights1 war crimes1 or crimes against humanity 7including sexual or gender-based violence72 and 7,,ii7 failed to take adequate steps to prevent such violations or crimes or punish the subordinates responsible for such violations or crimes2 and 7,b7 each entity owned or controlled by an official described in subparagraph 7,a74 7#c7 ,updates ,not later than one year after the date of the enactment of this ,act1 and not less frequently than every #ahj days thereafter1 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 by subsection 7a74 7#b7 ,blocking of property 7,a7 ,in general ,the ,secretary of the ,treasury shall1 pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 block and prohibit all transactions in all property and interests in property of a person included in the most recent list required by 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 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this paragraph4 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 a foreign financial institution that the ,president determines has1 on or after the date of the enactment of this ,act1 knowingly conducted or facilitated a significant transaction or transactions on behalf of a person included in the most recent list required by subsection 7a7 or included on the ,,sdn list pursuant to subsection 7c74 7#d7 ,rule of construction ,nothing in this subsection may be construed to apply with respect to any transaction with a nongovernmental humanitarian organization in ,burma4 7c7 ,consideration of inclusions in ,,sdn list 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall-- 7,a7 determine whether the individuals specified in paragraph 7#b7 should be included on the ,,sdn list2 and 7,b7 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 paragraph are-- 7,a7 the head of a 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-- 7i7 ,senior ,general ,min ,aung ,hlaing2 7ii7 ,deputy ,commander-in-,chief and ,vice ,senior-,general ,soe ,win2 7iii7 the ,commander of the #ccrd ,light ,infantry ,division1 ,brigadier-,general ,aung ,aung2 and 7iv7 the ,commander of the #iith ,light ,infantry ,division1 ,brigadier-,general ,than ,oo2 and 7,b7 any senior official of the military or security forces of ,burma for which the ,president determines there are credible reports that the official-- 7i7 aided1 participated in1 or is otherwise implicated in gross violations of human rights1 war crimes1 or crimes against humanity 7including sexual or gender-based violence71 in ,burma2 7ii7 7,i7 knew1 or should have known1 that the official's subordinates were committing such violations or crimes2 and 7,,ii7 failed to take adequate steps to prevent such violations or crimes or punish the subordinates responsible for such violations or crimes2 or 7iii7 took significant steps to impede the investigation or prosecution of such violations or crimes4 7d7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section with respect to an individual placed on the list required by subsection 7a7 under paragraph 7#a77;,a7 of that subsection1 or an entity placed on that list because the entity is owned or controlled by such an individual1 if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the termination of the sanctions that-- 7#a7 the individual has-- 7,a7 publicly acknowledged the role of the individual in committing past gross violations of human rights1 war crimes1 or crimes against humanity 7including sexual or gender-based violence72 7,b7 cooperated with independent efforts to investigate such violations or crimes2 7,c7 been held accountable for such violations or crimes2 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 or entity from the list is in the national interest of the ,united ,states4 7e7 ,exceptions 7#a7 ,humanitarian assistance ,a requirement to impose sanctions under this section shall not apply with respect to the provision of medicine1 medical equipment or supplies1 food1 or any other form of humanitarian or human rights-related assistance provided to ,burma in response to a humanitarian crisis4 7#b7 ,united nations headquarters agreement ,subsection 7b77#a7 shall not apply to the admission of an individual to the ,united ,states if such admission is necessary to comply with ,united ,states obligations under the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 or under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or other international obligations of the ,united ,states4 7#c7 ,exception relating to importation of goods 7,a7 ,in general ,the authority to block and prohibit all transactions in all property and interests in property under this section shall not include the authority to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 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 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 interest of the ,united ,states4 7g7 ,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 7h7 ,report to congress on diplomatic engagement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report on diplomatic efforts to impose coordinated sanctions with respect to persons sanctioned under-- 7#a7 section #aj2 or 7#b7 section #abfc of the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 for activities described in subsection 7a7 of that section in or with respect to ,burma4 7i7 ,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 ,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#c7 ,,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#d7 ,united states person ,the term ,united ,states person has the meaning given that term in section #eie4cae of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 #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 jointly submit to the appropriate congressional committees a strategy to support sustainable1 inclusive1 and broad-based economic development1 in accordance with the priorities of disadvantaged communities in ,burma and in consultation with relevant civil society and local stakeholders1 and to improve economic conditions and government transparency4 7b7 ,elements ,the strategy required by subsection 7a7 shall include a roadmap-- 7#a7 to assess and recommend 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 ,burma2 7#b7 to increase transparency disclosure requirements in key sectors of the economy of ,burma to promote responsible investment1 including through efforts-- 7,a7 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-- 7,i7 the disclosure of the ultimate beneficial ownership of entities in the ruby industry2 and 7,,ii7 the publication of project revenues1 payments1 and contract terms relating to that industry2 and 7ii7 ensuring that reforms complement disclosures due to be put in place in ,burma as a result of its participation in the ,extractives ,industry ,transparency ,initiative2 and 7,b7 to identify the persons seeking or securing access to the most valuable resources of ,burma2 and 7#c7 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 #ab4 ,report on crimes against humanity 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 crimes against humanity and serious human rights abuses committed against the ,rohingya and other ethnic minorities 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 war crimes1 crimes against humanity1 including sexual and gender-based violence1 and genocide perpetrated against the ,rohingya and other ethnic minorities in ,burma1 including-- 7,a7 incidents that may constitute such crimes 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 crimes2 7,c7 incidents that may constitute such crimes 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 war crimes1 crimes against humanity1 including 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 such crimes in ,burma2 7,b7 to promote and prepare for a transitional justice process or processes for the perpetrators of such crimes in ,burma2 and 7,c7 to document1 collect1 preserve1 and protect evidence of reports of such crimes 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 or ad hoc tribunal as well as other international justice and accountability options4 ,the report should be produced in consultation with ,rohingya representatives and those of other ethnic minorities who have suffered grave human rights abuses4 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 war crimes1 crimes against humanity1 including sexual and gender-based violence1 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 such crimes2 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 ,reuters journalists ,wa ,lone and ,kyaw ,soe ,oo should be immediately released and should have access to lawyers and their families2 and 7#b7 the ,government of ,burma should repeal the ,official ,secrets ,act1 a colonial-era law that was used to arrest these journalists1 as well as other laws that are used to arrest journalists and undermine press freedom around the world4 #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;i774 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