22 U.S.C. § 10222 | Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma

(a)

Mandatory sanctions

December 23, 2022Not later than 180 days after , 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

December 23, 2022The 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 , 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)

February 1, 2021 any foreign person that, leading up to, during, and since the , 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

50 U.S.C. 1701The President may exercise all powers granted to the President by the International Emergency Economic Powers Act ( 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)

8 U.S.C. 1101 otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( et seq.).

(B)

Current visas revoked

(i)

In general

8 U.S.C. 1201(i)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 (), 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

December 23, 2022Not later than 180 days after , 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

June 26, 1947November 21, 1947Sanctions 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 , and entered into force , 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)

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

(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

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

(2)

Penalties

50 U.S.C. 1705 50 U.S.C. 1705(a)The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act () 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 [].

(i)

Report

December 23, 2022Not later than 90 days after , 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, § 5571Dec. 23, 2022136 Stat. 3363(, , .)

Editorial Notes

References in Text

Pub. L. 95–223Dec. 28, 197791 Stat. 1626 section 1701 of Title 50The International Emergency Economic Powers Act, referred to in subsec. (d)(1), is title II of , , , 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 and Tables.

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of Title 8The Immigration and Nationality Act, referred to in subsec. (d)(3)(A)(iii), is , , 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 and Tables.