Page:United States Statutes at Large Volume 122.djvu/2661

 12 2 STA T . 2 638PUBLIC LA W 11 0– 286 —J UL Y 2 9, 2008 (e)RULEOFC O NSTR U C T I ON .—Nothing in thi s se c tion mayb e const ru e d to p rohibit any contract or other f inancia l transaction w ith any nongo v ernmental humanitarian organi z ation in B urma. (f) EX CE P TIONS.— ( 1 ) I N G ENER A L.— T he prohibitions and restrictions described in subsections (b) and (c) shall not apply to medicine , medical e q uipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma. ( 2 ) REGULATOR Y EXCEPTIONS.— F or the following purposes, the S ecretary of State may, by regulation, authorize e x ceptions to the prohibition and restrictions described in subsection (a), and the Secretary of the Treasury may, by regulation, authorize exceptions to the prohibitions and restrictions described in sub - sections (b) and (c)— ( A ) to permit the U nited States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States G overnment busi- ness in Burma (B) to permit United States citizens to visit Burma; and (C) to permit the United States to comply with the United Nations H eadquarters Agreement and other applicable international agreements. (g) P ENALTIES.—Any person who violates any prohibition or restriction imposed pursuant to subsection (b) or (c) shall be sub j ect to the penalties under section 6 of the International Emergency Economic Powers Act ( 50 U.S.C. 1 7 05) to the same extent as for a violation under that Act. (h) TER M INATION OF SANCTIONS.—The sanctions imposed under subsection (a), (b), or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SP D C has— (1) unconditionally released all political prisoners, including Aung San Suu K yi and other members of the National L eague for Democracy; (2) entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and ( 3 ) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. (i) W AI V ER.—The President may waive the sanctions described in subsections (b) and (c) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. SEC.6 . AM E ND MEN T ST O T H E BUR MESE F REEDOM AND DEMOCRAC Y ACT OF 20 0 3 . (a) IN GENERAL.—The Burmese Freedom and Democracy Act of 2003 (Public Law 10 8– 61; 50 U.S.C. 1701 note) is amended by inserting after section 3 the following new section

‘SEC. 3A. P ROH I BITION ON IMPORTATION OF J ADEITE AND RUBIES FROM BURMA AND ARTIC L ESOFJE W ELRY CONTAININ G JADEITE OR RUBIES FROM BURMA. ‘ ‘(a) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees ’ means— 50USC17 01 note.Pr e sid ent. Certi f i ca tion. N ationa lL ea gu e for D e m ocrac y . President. Certification.

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