Salient Features of the Burmese Freedom and Democracy Act 2003 passed on the 21st July by the USA Congress and the Senate red with the accompanying Executive Order of the President of the 28th July 2003.

1. It is now USA law that Burma's National League for Democracy (NLD) is the representative of the Burmese people. (see section 1) This was previously policy as articulated by the President as recently as the 24th April 2003, but is now Law. It will be interesting to see how this unfolds at and in international fora such as the UN.

2. It recognizes that it is the SPDC that has failed to progress dialogue becoming more confrontational in exchanges with the NLD. (see sections 2 & 3)

3. The SPDC stands condemned and wholly responsible for the attacks and murders of the 30th May 2003 in the Depayin area, use rape as a weapon
of intimidation and torture against women and children, forcibly conscripting child-soldiers, and that is carrying out ethnic cleansing with the Karen, Karenni and Shan peoples. (see sections 4, 5 & 6)

4. The SPDC has failed to co-operate to stem the cultivation, production and distribution of heroin and methamphetamines, harbouring and engaging in business activities with indicted and other known narcotics traffickers. (see sections 8 & 9)

5. Notes that for the first time in its 84yr year history the ILO invoked sanctions against Burma. (see section 10)

6. Accuses the SPDC of destroying any possibility of having a free enterprise system, and that investment in Burma only provides the SPDC with currency to finance its campaign of terror and repression against the people of Burma. (see sections 11, 12 & 13)

7. Commits the USA to work closely with other nations and specifically mentions Thailand to expose the SPDC's systemic human rights violations, to promote the freedom to operate in Burma for NGOs that promote human rights and political freedom and to work up a multilateral sanctions regime against Burma consistent with section 3 (a) (3) of the Act. (see section 15)

8. It bans all trade that supports the military regime of Burma, it bans all imports from certain companies, namely any of or associated with the SPDC, any of its Ministries, a member of the SPDC or their immediate family members, known narcotics traffickers from Burma and their immediate family members, the Union of Myanmar Economics Holdings Incorporated (UMEHI), the Myanmar Economic Corporation (MEC) and any company in which they have fiduciary interest, the USDA and any successor entity for the SPDC, UMEHI, MEC or the USDA, (see section 3 (a) (1) (2) (A) (B) (C) (D) (E) (F)); conditional upon the following taking place, as per section (3) (A) (B) (i) (ii) (iii) (iv) (v) CONDITIONS DESCRIBED- The conditions described in this paragraph are the following:(A) The SPDC has made
substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State,
after consultation with the ILO Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional committees that the
SPDC no longer systematically violates workers rights, including the use of
forced and child labor, and conscription of child-soldiers. (B) The SPDC has made measurable and substantial progress toward implementing a democratic government including--(i) releasing all political prisoners; (ii) allowing freedom of speech and the press; (iii) allowing freedom of association; (iv) permitting the peaceful exercise of religion; and (v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma's ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law.

9. The President has a waiver over such prohibitions on articles that are produced in Burma, however, this is an unremarkable inclusion in such an Act. (see section 3 (4) (b) However the President in his Executive Order has waived the prohibitions to the extent that "…any and all articles that are a product of Burma to the extent that the prohibiting the importation of such articles would conflict with the international obligations of the US under the Vienna Convention on Consular Relations, the United Nations Headquarters Agreement, and other legal instruments providing equivalent privileges and immunities."

10. Within 60 days of enactment the President shall take necessary action to direct and promulgate regulations to USA financial institutions holding assets of the SPDC, the USDA, having the additional power to impose a sanctions regime to freeze such funds or assets. (see section 4 (a) & (b) *note that this needs to be monitored to ensure that such a regime is created)

11. The USA will vote against the extension of any loan, financial or technical assistance at any international financial institution in which it participates until conditions in section 3 (a) (3) are met. (see section 5)

12. The visa bans are to be expanded to include the former and present leadership of the SPDC and the USDA and the Secretary of State is encouraged to highlight the 'abysmal record' of the SPDC to the international community including ASEAN, and ANRF. Top encourage other states to deny financial support to the SPDC and Burmese companies and to give to the Burmese democracy movement including the NLD and ethnic nationalities groups and further the President is authorized to use all available resources to assist the Burmese democracy activists committed to non-violent struggle. (see sections 6, 7 & 8)

13. The sanctions are to be of one year's duration from the date of enactment, and can be renewed each year for another one year term, or they can be annulled by the request of a democratically elected government of Burma if the conditions in section 3 (a) (3) have been met. (see section 9 *note that as the NLD is recognized as the representative of the Burmese people and further recognition is given to them having won enough seats in the 1990 democratic elections, than it follows that it could be upon the request of the NLD)

The Executive Order for the most part strengthens or elucidates provisions in the Act, prohibiting any action aimed at circumventing the prohibitions contained in the Act.

Janelle Saffin
30th July 2003
Bangkok