PRIA, Government Policy, Made Personal

Summary

The President must, within 180 days after December 23, 2022, place sanctions on foreign people who the President finds are senior members of Burma’s military or security forces; senior members of the State Administration Council or military-appointed ministers at the deputy minister level or higher; companies that mainly work in Burma’s defense sector; or Burmese state-owned commercial businesses in industrial or extractive industries that give big financial benefits to the military. The Treasury Secretary, with the State Department, may also block or limit U.S. bank correspondent or payable-through accounts for foreign banks that knowingly handled major transactions for those sanctioned people. The President may also sanction the Myanma Oil and Gas Enterprise; other state-owned companies that help fund the military; spouses or adult children of listed officials; foreign people who harmed democracy, peace, free expression, media access, or who ordered arbitrary detention, torture, or other serious human rights abuses in Burma; and Burmese suppliers of materiel to the military. Sanctions can include freezing U.S.-related property and banning U.S. transactions in foreign exchange involving the person, and denying visas, admission, or parole to the United States and revoking existing visas. The President must assess Myanma Oil and Gas Enterprise within 180 days and report to Congress. Exceptions exist for authorized U.S. intelligence, law enforcement, national security actions; certain U.N. or international obligations; humanitarian aid and related transactions; and wind-downs from agreements before May 21, 1997. The President can waive sanctions for national security reasons and use authorities and penalties from the International Emergency Economic Powers Act. The Secretary of State, with the Treasury, must give Congress a classified report within 90 days after December 23, 2022, and yearly for 8 years on the military’s main income sources the U.S. could not reach and on the sanctions’ effects.

Title 22, §10222

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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 (f) Exceptions

(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.

(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 section 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.

Notes & Related Subsidiaries

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.

§10222 Imposition of Sanctions with Respect to Human Rights Abuses and Perpetration of a Coup in Burma

Summary

Title 22, §10222

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata