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Test of McConnell bill

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Date: Sat, 5 Aug 1995 15:18:55 +0630
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Subject: Free Burma Act of 1995
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Status: R

>Date: 5 Aug 1995 15:03:20 U
>From: "Michael Gold" <Michael_Gold@xxxxxxxxxx>
>Subject: Free Burma Act of 1995
>To: "zar ni" <zar1963@xxxxxxxxxxxxxxxxxxx>
> 104th CONGRESS
>1st Session
>To impose sanctions against Burma, and countries assisting Burma,
>unless Burma observes basic human rights and permits political
>freedoms.    IN THE SENATE OF THE UNITED STATES July 28 (legislative day, July
>10), 1995
>Mr. McConnell introduced the following bill; which was read twice and referred
>to the Committee on Foreign Relations
>To impose sanctions against Burma, and countries assisting Burma,
>unless Burma observes basic human rights and permits political
>Be it enacted by the Senate and House of Representatives of the
>United States of America in Congress assembled,
>This Act may be cited as the `Free Burma Act of 1995'
>Except as provided in section 4, the following sanctions shall
>apply to Burma, effective 90 days after the date of enactment of
>this Act (or on such other date as is specified in this section):
>  (1) Investments: No United States national may make any investment in Burma.
>  (2) United states assistance: United States assistance for Burma is
>  (3) Trade privileges: The President shall continue the suspension of special
>trade privileges pursuant to the Generalized System of Preferences (GSP), and
>shall continue the suspension of nondiscriminatory trade treatment
>(most-favored-nation status), with respect to Burma.
>  (4) Importation of goods: No article which is produced, manufactured, grown,
>or extracted in Burma may be imported into the United States.
>  (5) Trade and investment treaties: The United States should continue to
>suspend carrying out obligations under bilateral trade and investment treaties
>with Burma.
>  (6) Travel restrictions: The Secretary of State shall  prohibit the use of
>United States passports for travel to Burma except for travel by United States
>diplomatic personnel.
>  (7) Diplomatic representation: The President is urged not to accept
>diplomatic representation from Burma at a level greater than the level of
>diplomatic representation accorded the United States in Burma.
>  (8) Foreign assistance: The United States shall suspend assistance under the
>Foreign Assistance Act of 1961 and the  Arms Export Control Act to any foreign
>government which sells  or otherwise transfers arms to the Government of
>  (9) International organizations contributions: The United States shall
>withhold from each international organization that funds activities in Burma
>other than humanitarian activities an amount equal to the United States
>proportionate share of that funding.
>  (10) Multilateral assistance: The Secretary of the Treasury shall instruct
>the United States executive director of each financial institution to vote
>against any loan or other utilization of the funds of the respective bank to
>or for Burma.
>  (11) Eminent persons group: The President, acting through the United States
>Permanent Representative to the United Nations, should urge the United Nations
>to establish an eminent persons group to report on compliance by the
>Government of Burma with United Nations resolutions.
>  (12) International arms embargo: The President, acting  through the United
>States Permanent Representative to the  United Nations, should urge the
>establishment by the United Nations of an international arms embargo of Burma.
>  (a) Negotiations With Trading Partners:
>    (1) In general: Not later than 15 days after the date of the enactment of
>this Act, the President shall initiate  negotiations with all foreign
>countries with which the United States trades for the purpose of entering into
>agreements with the countries--
>(A) to support United States sanctions against Burma, and
>(B) to cease trade with and investment in Burma.
>    (2) Certification of negotiations and agreements: Not later than 90 days
>after the date of the enactment of this Act, the President shall certify to
>the Congress each country that--
>       (A) has failed to enter into an agreement described in
>       paragraph (1), or
>       (B) has entered into such an agreement but is not enforcing it.
>    (3) Action by the president: Notwithstanding any other provision of
>law, if a certification is made with respect to  any country under paragraph
>(2) the President shall withdraw--
>    (A) any designation of such country--
>      (i) as a beneficiary developing country for purposes of title V of
>      the Trade Act of 1974 (19 U.S.C. 2461 et seq.),
>      (ii) as a beneficiary country for purposes of the Caribbean Basin
>      Economic Recovery Act (19 U.S.C. 2701 et seq.), or
>      (iii) as a beneficiary country for purposes of the Andean Trade
>      Preference Act (19 U.S.C. 3201 et seq.),
>    (B) from such countries the benefits of any other special tariff treatment
>program under which the special  rates of duty apply under column 1 of the
>Harmonized Tariff Schedule of the United States, and
>    (C) most-favored-nation trade treatment with respect to     any such
>  (b) Applicability:
>    (1) In general: The provisions of this section apply to goods entered, or
>withdrawn from warehouse for consumption, originating in or imported from a
>country with respect to which an action described in subsection (a)(3) has
>been taken, during the period beginning on the date that is 15 days after the
>date of the certification described in subsection (a)(2) and ending on the
>date that is 15 days after the earlier of--
>     (A) the date the President certifies to the Congress that     such
>country has entered into an agreement described in     subsection (a)(1) and
>is enforcing the agreement, or
>     (B) the date a certification described in section 4 is made.
>    (2) Rate of duty during period designation is withdrawn: During the period
>described in paragraph (1), goods entered, or withdrawn from warehouse for
>consumption, originating in or imported from a country described in subsection
>(a)(3) shall be subject to duty at the rates of duty specified for such goods
>under column 2 of the Harmonized Tariff Schedule of the United States.
>The sanctions of section 2 shall not apply upon the determination
>and certification by the President to the appropriate congressional
>committees that the following conditions are met:
>  (1) The Government of Burma has unconditionally released all political
>prisoners, including Aung San Suu Kyi.
>  (2) The Government of Burma has fully implemented the results of the 1990
>elections in Burma, including the transfer of power to civilian authority, the
>protection of basic human rights,  and guaranteeing the right of Burmese
>citizens to participate freely in the political process, assuring freedom of
>speech and the right of association and assembly.
>  (3) The Government of Burma has implemented an effective counternarcotics
>The Secretary of the Treasury shall instruct the United States
>executive director of each multilateral financial institution to
>vote against any loan or other utilization of the facilities of the
>respective institution to or for the People's Republic of China
>until the President determines and certifies to the appropriate
>congressional committees that the People's Republic of China has
>terminated arms sales and other arms transfers to Burma.
>The President shall withhold all United States assistance to the
>Government of Thailand until the President determines and certifies
>to the appropriate congressional committees that the Government of
>Thailand is fully cooperating in providing support and relief for
>Burmese exiles and refugees.
>Not later than 45 days after the date of enactment of this Act,
>the President shall submit a report to the appropriate
>congressional committees on--
>  (1) the chemical and biological weapons capability of Burma;
>  (2) a plan to provide United States assistance in support of the democracy
>movement active inside Burma;
>  (3) the treatment by the Government of Thailand of Burmese students,
>refugees, and exiles resident in Thailand; and
>  (4) the status of arms sales and other arms transfers to the Government of
>Burma, including the amount of expenditures by  the Government of Burma in the
>acquisition of arms.
>As used in this Act:
>  (1) Appropriate congressional committees: The term `appropriate
>congressional committees' means the Committee on Appropriations and the
>Committee on Foreign Relations of the Senate and the Committee on
>Appropriations and the Committee on International Relations of the House of
>  (2) Investment: The term `investment' includes any contribution or
>commitment of funds, commodities, services, patents, processes, or techniques,
>in the form of--
>(A) a loan or loans;
>(B) the purchase of a share of ownership;
>(C) participation in royalties, earnings, or profits; and
>(D) the furnishing of commodities or services pursuant to     a lease or other
>  (3) Humanitarian activities: The term `humanitarian activities' means the
>provision of food, medicine, medical supplies, or clothing and does not
>include cash transfers.
>  (4) Financial institutions: The term `financial institutions' includes the
>International Bank for Reconstruction and Development, the International
>Development Association, the Asian Development Bank, and the International
>Monetary Fund.
>  (5) United states assistance: The term `United States assistance' means
>assistance of any kind which is provided by grant, sale, loan, lease, credit,
>guaranty, or insurance, or by any other means, by any agency or
>instrumentality of the United States Government to any foreign country,
>(A) assistance under the Foreign Assistance Act of 1961
>  (including programs under title IV of chapter 2 of part I      of the Act);
>(B) sales, credits, and guaranties under the Arms Export     Control Act (22
>U.S.C. 2751 et seq.);
>(C) sales under title I (7 U.S.C.A. 1701 et seq.) or III
>  (17 U.S.C.A. 1727 et seq.) and donations under title II (17     U.S.C.A.
>1721 et seq.) of the Agricultural Trade      Development and Assistance Act of
>1954 of nonfood     commodities;
>(D) other financing programs of the Commodity Credit     Corporation for
>export sales of nonfood commodities; and
>(E) financing under the Export-Import Bank Act of 1945
>  (12 U.S.C.A. 635 et seq.).