Democratic Process in Burma

Threats to Democratic Process in Burma in 2013

United States views on international law [1] in relation to Threats to Democratic Process in Burma: In 2013, the United States continued to modify sanctions in response to the government of Burma's implementation of democratic reforms, while maintaining targeted sanctions on those who pose a threat to Burma's peace and stability.

Some Aspects of Threats to Democratic Process in Burma

(1) New executive order prohibiting importation of jadeite and rubies from Burma

On August 6, 2013, President Obama issued Executive Order 13651, “Prohibiting Certain Imports of Burmese Jadeite and Rubies.” 78 Fed. Reg. 48,793 (Aug. 9, 2013). The E.O. was issued pursuant to IEEPA, the NEA, the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the “JADE Act'”), and section 301 of title 3, United States Code. In Section 1, the E.O. prohibits the importation into the United States of any jadeite or rubies mined or extracted from Burma and any articles of jewelry containing jadeite or rubies mined or extracted from Burma. Section 7 authorizes the Secretary of the Treasury, in consultation with the U.S. Secretary of State, to implement the import prohibition. On December 3, 2013, OFAC implemented E.O. 13651 in part by removing the “JADE Act” tag from the list of Specially Designated Nationals (“SDNs”). 78 Fed. Reg. 78,515 (Dec. 26, 2013). As explained in the Federal Register notice:

…[A]s of August 7, the effective date of E.O. 13651, the financial and blocking provisions of section 5(b) of the JADE Act do not apply. Except as authorized or exempt, transactions with persons included on the Specially Designated Nationals and Blocked Persons List (“SDN List”) continue to be prohibited pursuant to the International Emergency Economic Powers Act (“IEEPA”). Accordingly, while OFAC is updating the SDN List to remove the [JADE Act] tag that had publicly identified the following individuals and entities as subject to the financial and blocking provisions of Section 5(b) of the JADE Act, transactions and dealings with these individuals and entities continue to be prohibited pursuant to IEEPA…

Developments

(2) E.O. 13619

(As reviewed in this legal encyclopedia in relation to international law issues in the year 2012) at 535-39, President Obama issued Executive Order 13619 “Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma,” on July 11, 2012. On July 2, 2013, the State Department designated Thein HTAY, Chief of Defence Industries and Chief of Army Ordnance Industries in Burma, pursuant to E.O. 13619. 78 Fed. Reg. 41,995 (July 12, 2013). On December 17, 2013, OFAC designated Kyaw Nyunt OO; Asia Metal Company Ltd.; Excellence Mineral Manufacturing Co., Ltd.; and Soe Min Htaik Co. Ltd. 78 Fed. Reg. 78,514 (Dec. 26, 2013).

Details

(3) E.O. 13448

As discussed in this world legal encyclopedia (in relation to issues that took place in the year 2007) at 807-11, President Bush signed Executive Order 13448, “Blocking Property and Prohibiting Certain Transactions Related to Burma” in 2007. On January 24, 2013, OFAC removed and unblocked from the list of those designated under E.O. 13448 one individual, U Kyaw THEIN. 78 Fed. Reg. 6179 (Jan. 29, 2013). On February 22, 2013, OFAC designated an additional entity pursuant to E.O. 13448, Ayeyarwady Bank. 78 Fed. Reg. 13,761 (Feb. 28, 2013).

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(4) Reporting requirements for responsible investment in Burma

In 2013, the reporting requirements for U.S. investment in Burma, announced in 2012, took effect. See this world legal encyclopedia (in relation to issues that took place in the year 2012) at 538 for a description of the requirements. The State Department announced on May 23, 2013 in a media note available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/05/209869.htm, that the Office of Management and Budget had given final approval to the reporting requirements and that the first reports would be due July 1, 2013. The May 23 media note further explains:

U.S. persons are required to report on a range of policies and procedures with respect to their investments in Burma, including human rights, labor rights, land rights, community consultations and stakeholder engagement, environmental stewardship, anti-corruption, arrangements with security service providers, risk and impact assessment and mitigation, payments to the government, any investments with the Myanmar Oil and Gas Enterprise (MOGE), and contact with the military or non-state armed groups.

The Department of State will use the information collected as a basis to conduct informed consultations with U.S. businesses to encourage and assist them to develop robust policies and procedures to address a range of impacts resulting from their investments and operations in Burma. We also intend the public report to empower civil society to take an active role in monitoring investment in Burma and to work with companies to promote investments that will enhance broad-based development and reinforce political and economic reform.

Resources

Notes

1. Threats to Democratic Process in Burma in the Digest of United States Practice in International Law