CHAPTER 109—BURMA UNIFIED THROUGH RIGOROUS MILITARY ACCOUNTABILITY

        

SUBCHAPTER I—MATTERS RELATING TO THE CONFLICT IN BURMA

        

SUBCHAPTER II—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA

        

SUBCHAPTER III—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA

        

SUBCHAPTER IV—EFFORTS AGAINST HUMAN RIGHTS ABUSES

        

SUBCHAPTER V—SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS

        

§10201. Definitions

In this chapter:

(1) Burmese military

The term "Burmese military"—

(A) means the Armed Forces of Burma, including the army, navy, and air force; and

(B) includes security services under the control of the Armed Forces of Burma, such as the police and border guards.

(2) Executive Order 14014

The term "Executive Order 14014" means Executive Order 14014 (86 Fed. Reg. 9429; relating to blocking property with respect to the situation in Burma).

(3) Genocide

The term "genocide" means any offense described in section 1091(a) of title 18.

(4) War crime

The term "war crime" has the meaning given the term in section 2441(c) of title 18.

(Pub. L. 117–263, div. E, title LV, §5568, Dec. 23, 2022, 136 Stat. 3361.)

Editorial Notes

References in Text

Executive Order 14014, referred to in par. (2), is Ex. Ord. No. 14014, Feb. 10, 2021, 86 F.R. 9429, which is listed in a table under section 1701 of Title 50, War and National Defense.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–263, div. E, title LV, §5567, Dec. 23, 2022, 136 Stat. 3361, provided that: "This subtitle [subtitle E (§§5567–5579) of title LV of div. E of Pub. L. 117–263, enacting this chapter] may be cited as the 'Burma Unified through Rigorous Military Accountability Act of 2022' or the 'BURMA Act of 2022'."

SUBCHAPTER I—MATTERS RELATING TO THE CONFLICT IN BURMA

§10211. Statement of policy

It is the policy of the United States to—

(1) continue to support the people of Burma in their struggle for democracy, human rights, and justice;

(2) support the efforts of the National Unity Government (NUG), the National Unity Consultative Council (NUCC), the Committee Representing Pyidaungsu Hluttaw (CRPH), the Burmese Civil Disobedience Movement, and other entities in Burma and in other countries to oppose the Burmese military and bring about an end to the military junta's rule;

(3) support a credible process for the restoration of civilian government in Burma, with a reformed Burmese military under civilian control and the enactment of constitutional, political, and economic reform that protects the rights of minority groups and furthers a federalist form of government;

(4) hold accountable perpetrators of human rights violations committed against ethnic groups in Burma and the people of Burma, including through the February 2022 coup d'etat;

(5) hold accountable the Russian Federation and the People's Republic of China for their support of the Burmese military;

(6) continue to provide humanitarian assistance to populations impacted by violence perpetrated by the Burmese military wherever they may reside, and coordinate efforts among like-minded governments and other international donors to maximize the effectiveness of assistance and support for the people of Burma;

(7) secure the unconditional release of all unlawfully detained individuals in Burma, including those detained for the exercise of their fundamental freedoms; and

(8) provide humanitarian assistance to the people of Burma in Burma, Bangladesh, Thailand, and the surrounding region without going through the Burmese military.

(Pub. L. 117–263, div. E, title LV, §5569, Dec. 23, 2022, 136 Stat. 3362.)

SUBCHAPTER II—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA

§10221. Definitions

In this subchapter:

(1) Admitted; alien

The terms "admitted" and "alien" have the meanings given those terms in section 1101 of title 8.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(3) Correspondent account; payable-through account

The terms "correspondent account" and "payable-through account" have the meanings given those terms in section 5318A of title 31.

(4) Foreign financial institution

The term "foreign financial institution" has the meaning of that term as determined by the Secretary of the Treasury by regulation.

(5) Foreign person

The term "foreign person" means a person that is not a United States person.

(6) Knowingly

The term "knowingly", 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.

(7) Person

The term "person" means an individual or entity.

(8) Support

The term "support", with respect to the Burmese military, means to knowingly have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of the Burmese military.

(9) United States person

The term "United States person" means—

(A) a United States citizen or an alien lawfully admitted to the United States for permanent residence;

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C) any person in the United States.

(Pub. L. 117–263, div. E, title LV, §5570, Dec. 23, 2022, 136 Stat. 3362.)

§10222. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma

(a) Mandatory sanctions

Not later than 180 days after December 23, 2022, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines—

(1) is a senior official of—

(A) the Burmese military or security forces of Burma;

(B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or

(C) an entity that primarily operates in the defense sector of the Burmese economy; or

(2) is a Burmese state-owned commercial enterprise (other than an entity described in subsections (c)(1) and (c)(2)) that—

(A) is operating in the industrial or extractive sectors; and

(B) significantly financially benefits the Burmese military.

(b) Additional measure relating to facilitation of transactions

The Secretary of the Treasury may, in consultation with the Secretary of State, 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 has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a).

(c) Additional sanctions

The President may impose the sanctions described in subsection (d) with respect to—

(1) the Myanma Oil and Gas Enterprise;

(2) any Burmese state-owned enterprise that—

(A) is not operating in the industrial or extractive sectors; and

(B) significantly financially benefits the Burmese military;

(3) a spouse or adult child of any person described in subsection (a)(1);

(4) any foreign person that, leading up to, during, and since the February 1, 2021, coup d'etat in Burma, is responsible for or has directly and knowingly engaged in—

(A) actions or policies that significantly undermine democratic processes or institutions in Burma;

(B) actions or policies that significantly threaten the peace, security, or stability of Burma;

(C) actions or policies by a Burmese person that—

(i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma; or

(ii) limit access to print, online, or broadcast media in Burma; or

(D) the orchestration of arbitrary detention or torture in Burma or other serious human rights abuses in Burma; or

(5) any Burmese entity that provides materiel to the Burmese military.

(d) Sanctions described

The sanctions described in this subsection are the following:

(1) Property blocking

The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person 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.

(2) Foreign exchange

The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.

(3) Visas, admission, or parole

(A) In general

An alien who is described in subsection (a) or (c) is—

(i) inadmissible to the United States;

(ii) ineligible for 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.).

(B) Current visas revoked

(i) In general

The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.

(ii) Effect of revocation

A revocation under clause (i)—

(I) shall take effect immediately; and

(II) shall automatically cancel any other valid visa or entry documentation that is in the alien's possession.

(e) Assessment and report on sanctions with respect to Burmese State-owned enterprise operating in the energy sector

(1) In general

Not later than 180 days after December 23, 2022, the President shall conduct an assessment with respect to the Burmese state-owned enterprise described in subsection (c)(1), including relevant factors pertaining to the possible application of sanctions on such enterprise.

(2) Report required

Upon making the determination required by paragraph (1), the President shall submit to the appropriate congressional committees a report on the assessment.

(3) Form of report

The report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.

(f) Exceptions

(1) Exception for intelligence, law enforcement, and national security activities

Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.

(2) Exception to comply with international obligations

Sanctions under subsection (d)(3) shall not apply with respect to the admission of 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.

(3) Exception relating to the provision of humanitarian assistance

Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for—

(A) the sale of agricultural commodities, food, medicine, or medical devices to Burma;

(B) the provision of humanitarian assistance to the people of Burma;

(C) financial transactions relating to humanitarian assistance or for humanitarian purposes in Burma; or

(D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma.

(4) Exception relating to wind-down of projects

Sanctions under this section shall not be imposed with respect to transactions or the facilitation of transactions related to the disposition of investments pursuant to—

(A) agreements entered into between United States persons and the Government of Burma prior to May 21, 1997;

(B) the exercise of rights pursuant to such agreements; or

(C) transactions related to the subsequent operation of the assets encompassed by such disposed investments.

(g) Waiver

The President may, on a case-by-case basis waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees at the time such waiver is to take effect that the waiver is in the national interest of the United States.

(h) Implementation; penalties

(1) Implementation

The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) Penalties

The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [50 U.S.C. 1705(a)].

(i) Report

Not later than 90 days after December 23, 2022, and annually thereafter for 8 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a classified report that—

(1) describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; and

(2) assesses the impact of the sanctions imposed pursuant to the authorities under this section on the Burmese people and the Burmese military.

(Pub. L. 117–263, div. E, title LV, §5571, Dec. 23, 2022, 136 Stat. 3363.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (d)(1), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

The Immigration and Nationality Act, referred to in subsec. (d)(3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

§10223. Sanctions and policy coordination for Burma

(a) In general

The head of the Office of Sanctions Coordination in the Department of State should develop a comprehensive strategy for the implementation of the full range of United States diplomatic capabilities to implement Burma-related sanctions in order to promote human rights and the restoration of civilian government in Burma.

(b) Matters to be included

The strategy described in subsection (a) should include plans and steps to—

(1) coordinate the sanctions policies of the United States with relevant bureaus and offices in the Department of State and other relevant United States Government agencies;

(2) conduct relevant research and vetting of entities and individuals that may be subject to sanctions and coordinate with other United States Government agencies and international financial intelligence units to assist in efforts to enforce anti-money laundering and anti-corruption laws and regulations;

(3) promote a comprehensive international effort to impose and enforce multilateral sanctions with respect to Burma;

(4) support interagency United States Government efforts, including efforts of the United States Chief of Mission to Burma, the United States Ambassador to ASEAN, and the United States Permanent Representative to the United Nations, relating to—

(A) identifying opportunities to exert pressure on the governments of the People's Republic of China and the Russian Federation to support multilateral action against the Burmese military; and

(B) working with like-minded partners to impose a coordinated arms embargo on the Burmese military and targeted sanctions on the economic interests of the Burmese military, including through the introduction and adoption of a United Nations Security Council resolution; and

(5) provide timely input for reporting on the impacts of the implementation of sanctions on the Burmese military and the people of Burma.

(Pub. L. 117–263, div. E, title LV, §5572, Dec. 23, 2022, 136 Stat. 3366.)

§10224. Support for greater United Nations action with respect to Burma

(a) Sense of Congress

It is the sense of Congress that—

(1) the United Nations Security Council has not taken adequate steps to condemn the February 1, 2021, coup in Burma, pressure the Burmese military to cease its violence against civilians, or secure the release of those unjustly detained;

(2) countries, such as the People's Republic of China and the Russian Federation, that are directly or indirectly shielding the Burmese military from international scrutiny and action, should be obliged to endure the reputational damage of doing so by taking public votes on resolutions related to Burma that apply greater pressure on the Burmese military to restore Burma to its democratic path; and

(3) the United Nations Secretariat and the United Nations Security Council should take concrete steps to address the coup and ongoing crisis in Burma consistent with United Nations General Assembly resolution 75/287, "The situation in Myanmar," which was adopted on June 18, 2021.

(b) Support for greater action

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to spur greater action by the United Nations and the United Nations Security Council with respect to Burma by—

(1) pushing the United Nations Security Council to consider a resolution condemning the February 1, 2021, coup and calling on the Burmese military to cease its violence against the people of Burma and release without preconditions the journalists, pro-democracy activists, and political officials that it has unjustly detained;

(2) pushing the United Nations Security Council to consider a resolution that immediately imposes a global arms embargo against Burma to ensure that the Burmese military is not able to obtain weapons and munitions from other nations to further harm, murder, and oppress the people of Burma;

(3) pushing the United Nations and other United Nations authorities to cut off assistance to the Government of Burma while providing humanitarian assistance directly to the people of Burma through United Nations bodies and civil society organizations, particularly such organizations working with ethnic minorities that have been adversely affected by the coup and the Burmese military's violent crackdown; and

(4) spurring the United Nations Security Council to consider multilateral sanctions against the Burmese military for its atrocities against Rohingya and individuals of other ethnic and religious minorities, its coup, and the atrocities it has and continues to commit in the coup's aftermath.

(c) Sense of Congress

It is the sense of Congress that the United States Permanent Representative to the United Nations should use the voice, vote, and influence of the United States to—

(1) object to the appointment of representatives to the United Nations and United Nations bodies such as the Human Rights Council that are sanctioned by the Burmese military; and

(2) work to ensure the Burmese military is not recognized as the legitimate government of Burma in any United Nations body.

(Pub. L. 117–263, div. E, title LV, §5573, Dec. 23, 2022, 136 Stat. 3367.)

§10225. Sunset

(a) In general

The authority to impose sanctions and the sanctions imposed under this subchapter shall terminate on the date that is 8 years after December 23, 2022.

(b) Certification for early sunset of sanctions

Sanctions imposed under this subchapter may be removed before the date specified in subsection (a), if the President submits to the appropriate congressional committees a certification that—

(1) the Burmese military has released all political prisoners taken into custody on or after February 1, 2021, or is providing legal recourse to those that remain in custody;

(2) the elected government of Burma has been reinstated or new free and fair elections have been held;

(3) all legal charges against those winning election in November 2020 are dropped; and

(4) the 2008 constitution of Burma has been amended or replaced to place the Burmese military under civilian oversight and ensure that the Burmese military no longer automatically receives 25 percent of seats in Burma's state, regional, and national Hluttaws.

(c) Notification for early sunset of sanctions on individuals

(1) In general

The President may terminate the application of sanctions under this subchapter with respect to specific individuals if the President submits to the appropriate congressional committees—

(A) a notice of and justification for the termination; and

(B) a notice that the individual is not engaging in the activity or is no longer occupying the position that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity.

(2) Form

The notice required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(Pub. L. 117–263, div. E, title LV, §5574, Dec. 23, 2022, 136 Stat. 3368.)

SUBCHAPTER III—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA

§10241. General authorization of appropriations

During each of the fiscal years 2023 through 2027, following consultation with the appropriate congressional committees and subject to the limitations described in section 10242 of this title, funds authorized to be made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 may be made available, notwithstanding any other provision of law, for—

(1) programs to strengthen federalism in and among ethnic states in Burma, including for non-lethal assistance for Ethnic Armed Organizations in Burma;

(2) the administrative operations and programs of entities in Burma, including the political entities and affiliates of Ethnic Armed Organizations and pro-democracy movement organizations, that support efforts to establish an inclusive and representative democracy in Burma;

(3) technical support and non-lethal assistance for Burma's Ethnic Armed Organizations, People's Defense Forces, and pro-democracy movement organizations to strengthen communications and command and control, and coordination of international relief and other operations between and among such entities;

(4) programs and activities relating to former members of the Burmese military that have condemned the February 1, 2022, coup d'etat and voiced support for the restoration of civilian rule;

(5) programs to assist civil society organizations to investigate and document atrocities in Burma for the purposes of truth, justice, and accountability;

(6) programs to assist civil society organizations in Burma that support individuals that who are unlawfully detained in Burma for exercising their fundamental freedoms; and

(7) programs to assist civil society organizations and ethnic groups with reconciliation activities related to Burma.

(Pub. L. 117–263, div. E, title LV, §5575, Dec. 23, 2022, 136 Stat. 3369.)

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in text, is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 4 of part II of the Act is classified generally to part IV (§2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

§10242. Limitations

Except as provided for by this subchapter, none of the funds authorized to be appropriated for assistance for Burma by this subchapter may be made available to—

(1) the State Administrative Council or any organization or entity controlled by, or an affiliate of, the Burmese military, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and the United States Agency for International Development, or President of the National Endowment for Democracy (NED) for programs administered by NED; and

(2) the Burmese military.

(Pub. L. 117–263, div. E, title LV, §5576, Dec. 23, 2022, 136 Stat. 3369.)

§10243. Appropriate congressional committees defined

In this subchapter, the term "appropriate congressional committees" means—

(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

(Pub. L. 117–263, div. E, title LV, §5577, Dec. 23, 2022, 136 Stat. 3370.)

SUBCHAPTER IV—EFFORTS AGAINST HUMAN RIGHTS ABUSES

§10251. Authorization to provide technical assistance for efforts against human rights abuses

(a) In general

The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that—

(1) identify suspected perpetrators of war crimes, crimes against humanity, and genocide in Burma;

(2) collect, document, and protect evidence of crimes in Burma and preserving the chain of custody for such evidence;

(3) conduct criminal investigations of such crimes; and

(4) support investigations related to Burma conducted by other countries, and by entities mandated by the United Nations, such as the Independent Investigative Mechanism for Myanmar.

(b) Authorization for transitional justice mechanisms

The Secretary of State, taking into account any relevant findings in the report submitted under section 5941,¹ is authorized to provide support for the establishment and operation of transitional justice mechanisms, including a hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Burma.

(Pub. L. 117–263, div. E, title LV, §5578, Dec. 23, 2022, 136 Stat. 3370.)

Editorial Notes

References in Text

Section 5941, referred to in subsec. (b), is unidentifiable in the original. Although Pub. L. 117–263 does contain a section 5941, that section is outside the BURMA Act of 2022, which comprises this chapter, and relates to the submission of a report by the Secretary of Agriculture on wholesale produce markets. Prior versions of the Act included a section requiring a report containing a study of the feasibility and desirability of a transitional justice mechanism for Burma, but that section did not appear in the version of the Act enacted by Pub. L. 117–263.

¹ See References in Text note below.

SUBCHAPTER V—SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS

§10261. Sanctions exception relating to importation of goods

(a) In general

The authorities and requirements to impose sanctions under this chapter shall not include the authority or requirement to impose sanctions on the importation of goods.

(b) Good defined

In this section, 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.

(Pub. L. 117–263, div. E, title LV, §5579, Dec. 23, 2022, 136 Stat. 3370.)