International Law Advisory - US Congress Extends Sanctions Against Myanmar (Burma)

The US Senate has cleared legislation to extend trade sanctions against Myanmar (formerly known as Burma).  See SJ Res 86.  The sanctions, among other things, prohibit imports from Myanmar to the United States and freeze the assets of Myanmar government officials in the United States.  The restrictions were originally established by the 2003 Burmese Freedom and Democracy Act to protest the human rights violations and anti-democratic policies of the State Peace and Development Council (“SPDC”), the country’s ruling regime.  

This legislation, along with Executive Order No. 13310, which prohibits the export of financial services to Burma from the United States or by a US person, was passed as a supplement to Burmese Sanctions Regulations, 31 C.F.R. Part 537, which prohibit new investment in Burma by US persons and prohibit US persons from entering into certain types of contracts or receiving certain forms of contractual payment that relate to the development of economic resources in Burma.

The Burmese Freedom and Democracy Act was passed in 2003 and originally allowed the import and asset freezing sanctions to be extended annually for three years.  The new legislation extends these sanctions for another year and gives Congress the option of annually extending these sanctions for two additional years.  (The new investment sanctions set forth in the Burmese Sanctions Regulations are independent of, and unaffected by, this legislation.)  The President is authorized to lift the restrictions imposed by the Act if he deems it is in the national interest to do so; if the SPDC improves human rights, implements a democratic government, and meets its obligations under international counter-narcotics agreements; or upon the request of a democratically elected government in Myanmar. 

Should you have any questions regarding the issues discussed herein, please contact Ed Krauland at 202-429-8083 or Negar Katirai at 202-429-8028.