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McConnell Amendment No.2753 on Burm
- Subject: McConnell Amendment No.2753 on Burm
- From: FreeBurma@xxxxxxx
- Date: Fri, 22 Sep 1995 11:54:00
Subject: McConnell Amendment No.2753 on Burma
Attn: Burma Newsreaders
Re: McConnell Amendment on Burma
MCCONNELL AMENDMENT NO. 2753 (Senate - September 21, 1995)
Mr. McCONNELL proposed an amendment to the bill H.R. 1868, supra; as
AMENDMENT NO. 2753
At the appropriate place in the bill insert the following:
SEC. 2. SANCTIONS AGAINST BURMA .
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 Burma .
(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
SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON 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 country.
(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
SEC. 4. CERTIFICATION.
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
SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA.
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
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND.
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
SEC. 7. REPORT.
Not later than 45 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional committees
(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.
SEC. 8. DEFINITIONS.
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
(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
(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