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Title II — Assistance and sanctions with respect to Burma

H.R. 3190 · 116th Congress · Sep 25, 2019 · Lineage

II Assistance and sanctions with respect to Burma

Sec. 201 Authorization to provide humanitarian assistance

There is authorized to be appropriated $220,500,000 for fiscal year 2020 to provide humanitarian assistance for Burma, Bangladesh, and the surrounding region, including for the following purposes:
(1)
Assisting the victims of the Burmese military's crimes against humanity targeting Rohingya and other ethnic minorities in Rakhine, Kachin, and Shan States, including those displaced in Burma, Bangladesh, Thailand, and the surrounding region.
(2)
Supporting voluntary resettlement or repatriation of such displaced persons in Burma, upon the conclusion of genuine agreements developed and negotiated with the involvement and consultation of such displaced persons.
(3)
Assistance to promote ethnic and religious tolerance, combat gender-based violence, and support victims of violence and destruction in Rakhine, Kachin, and Shan States.
(4)
Supporting programs to investigate and document allegations of war crimes, crimes against humanity, and genocide committed in Burma, including gender-based violence.
(5)
Supporting access to education for children currently living in refugee camps in the surrounding region, and access to higher education in Bangladesh.
(6)
Assisting minority ethnic groups and civil society in Burma to help sustain cease-fire agreements and further prospects for reconciliation and sustainable peace.
(7)
Promoting ethnic minority inclusion and participation in Burma's political processes.

Sec. 202 Imposition of sanctions with respect to human rights abuses in Burma

(a)
In general— For the 8-year period beginning on the date that is 270 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines, based on credible evidence—
(1)
is a current or former senior official of the military or security forces of Burma who—
(A)
knowingly perpetrated, ordered, or otherwise directed serious human rights abuses in Burma; or
(B)
has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses, including against the Rohingya community in Rakhine State;
(2)
is an entity owned or controlled by any person described in paragraph (1);
(3)
is an entity, such as the Myanmar Economic Cooperation or the Myanmar Economic Holding Corporation, that is owned or controlled, directly or indirectly, by the military or security forces of Burma, including through collective or cooperative structures, from which one or more persons described in paragraph (1) derive significant revenue or financial benefit; or
(4)
has knowingly—
(A)
provided significant financial, material, or technological support—
(i)
to a foreign person described in paragraph (1) in furtherance of any of the acts described in subparagraph (A) or (B) of such paragraph; or
(ii)
to any entity owned or controlled by such person or an immediate family member of such person; or
(B)
received significant financial, material, or technological support from a foreign person described in paragraph (1) or an entity owned or controlled by such person or an immediate family member of such person.
(b)
Sanctions described; exceptions—
(1)
Sanctions— The sanctions described in this subsection are the following:
(A)
Asset blocking— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), 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 (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)
Aliens inadmissible for visas, admission, or parole—
(i)
Visas, admission, or parole— A foreign person described in subsection (a) is—
(I)
inadmissible to the United States;
(II)
ineligible to receive a visa or other documentation to enter the United States; and
(III)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii)
Current visas revoked— A foreign person described in subsection (a) is subject to the following:
(I)
Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(II)
A revocation under subclause (I) shall—
(aa)
take effect immediately; and
(bb)
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
(2)
Exception to comply with United Nations Headquarters Agreement— Sanctions under paragraph (1)(B) 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 Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(c)
Penalties— Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection (b) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(d)
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section.
(e)
Exception relating to the importation of goods—
(1)
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 goods.
(2)
Good defined— In this subsection, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(f)
Waiver— The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection (a) if the President—
(1)
determines that a waiver with respect to such foreign person is in the national interest of the United States; and
(2)
not later than the date on which such waiver will take effect, submits to the following committees notice of and justification for such waiver:
(A)
The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives.
(B)
The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(g)
Definitions— In this section—
(1)
Admitted; alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).
(2)
Foreign person— The term foreign person means a person that is not a United States person.
(3)
Knowingly— The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(4)
United States person— The term United States person means—
(A)
a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or
(B)
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.