SEC. 101. STATEMENT OF POLICY.

It is the policy of the United States—

(1) to support genuine democracy, peace, and national reconciliation in Burma;

(2) to pursue a strategy of calibrated engagement, which is essential to support the establishment of a peaceful, prosperous, and democratic Burma that includes respect for the human rights of all individuals regardless of ethnicity and religion;

(3) to ensure that the objectives guiding such a strategy include—

(A) restoring to power a civilian government that reflects the will of the people of Burma;

(B) supporting constitutional reforms, ensuring civilian governance and oversight over the military, including reforms—

(i) to the provisions reserving 25 percent of parliamentary seats for appointments by the military, which provides the military with veto power over constitutional amendments; and

(ii) to provisions granting the military control over the Ministry of Defense, the Ministry of Border Affairs, and the Ministry of Home Affairs;

(C) assisting in the establishment of a fully democratic, civilian-led, pluralistic, and representative political system that includes free, fair, credible, and democratic elections in which all people of Burma, including all ethnic minorities, can participate in the political process at all levels including the right to vote and to run for elected office;

(D) supporting legal reforms that ensure protection for the civil and political rights of all individuals in Burma, including reforms to laws that criminalize the exercise of human rights and fundamental freedoms, and strengthening respect for and protection of human rights, including freedom of religion or belief;

(E) securing the unconditional release of all prisoners of conscience and political prisoners in Burma;

(F) strengthening Burma’s civilian governmental institutions, including support for greater transparency and accountability once the military is no longer in power;

(G) empowering and resourcing local communities, civil society organizations, and independent media;

(H) promoting national reconciliation and the conclusion and credible implementation of a nationwide cease-fire agreement, followed by a peace process that is inclusive of ethnic Rohingya, Shan, Rakhine, Kachin, Chin, and Kayin, and other ethnic groups and leads to the development of a political system that effectively addresses natural resource governance, revenue-sharing, land rights, and constitutional change enabling inclusive peace;

(I) ensuring the protection and non-refoulement of refugees fleeing Burma to neighboring countries and prioritizing efforts to create a conducive environment and meaningfully address long-standing structural challenges that undermine the safety and rights of Rohingya in Rakhine State as well as members of other ethnic and religious minorities in Burma, including by creating conditions for the dignified, safe, sustainable, and voluntary return of refugees in Bangladesh, Thailand, and in the surrounding region, and offering compensation or restitution to those who do not want to return;

(J) supporting an immediate end to restrictions that hinder the freedom of movement of members of ethnic minorities throughout the country, including Rohingya, and an end to any and all policies and practices designed to forcibly segregate Rohingya, and providing humanitarian support for all internally displaced persons in Burma;

(K) ensuring humanitarian actors, media, and human rights mechanisms, including those established by the United Nations Human Rights Council and the United Nations General Assembly, have full and unhindered humanitarian access to all relevant areas of Burma, including Rakhine, Chin, Kachin, Shan, and Kayin States;

(L) ensuring accountability through independent, credible international investigations for any potential genocide, war crimes, and crimes against humanity, including those involving sexual and gender-based violence and violence against children, perpetrated against ethnic minorities, including Rohingya, by members of the military and security forces of Burma, and other armed groups involved in conflict;

(M) ensuring the military, security, and police forces operate under civilian control and are held accountable in civilian courts for human rights abuses, corruption, and other abuses of power;

(N) promoting broad-based, inclusive economic development and fostering healthy and resilient communities;

(O) combating corruption and illegal economic activity, including that which involves the military and its close allies; and

(P) promoting responsible international and regional engagement;

(4) to support and advance the strategy of calibrated engagement, impose targeted sanctions with respect to the Burmese military’s economic interests and major sources of income for the Burmese military, including with respect to—

(A) officials in Burma, including the Commander in Chief of the Armed Forces of Burma, Min Aung Hlaing, and all individuals described in paragraphs (1), (2), and (3) of section 202(a), under the authorities provided by title II, Executive Order 14014, and the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note);

(B) enterprises owned or controlled by the Burmese military, including the Myanmar Economic Corporation, Union of Myanmar Economic Holding, Ltd., and all other entities described in section 202(a)(4), under the authorities provided by title II, the Burmese Freedom and Democracy Act of 2003 (Public Law 108–61; 50 U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C. 1701 note), other relevant statutory authorities, and Executive Order 14014; and

(C) state-owned economic enterprises if the Secretary of the Treasury or other competent authority determines that—

(i) there is a substantial risk of the Burmese military accessing the accounts of such an enterprise; and

(ii) the imposition of sanctions would not cause disproportionate harm to the people of Burma, the restoration of a civilian government in Burma, or the national interest of the United States; and

(5) to ensure that any sanctions imposed with respect to entities or individuals are carefully targeted to maximize impact on the military and security forces of Burma and its economic interests while minimizing impact on the people of Burma, recognizing the calls from the people of Burma for the United States to take action against the sources of income for the military and security forces of Burma.

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