View all text of Subchapter II [§ 10221 - § 10225]
§ 10222. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma
(a) Mandatory sanctionsNot later than 180 days after December 23, 2022, 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
(c) Additional sanctionsThe 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) any foreign person that, leading up to, during, and since the February 1, 2021, 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 describedThe sanctions described in this subsection are the following:
(1) Property blocking
(2) Foreign exchange
(3) Visas, admission, or parole
(A) In generalAn 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) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked
(i) In general
(ii) Effect of revocationA 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
(2) Report required
(3) Form of report
(f) Exceptions
(1) Exception for intelligence, law enforcement, and national security activities
(2) Exception to comply with international obligations
(3) Exception relating to the provision of humanitarian assistanceSanctions 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 projectsSanctions 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) agreements entered into between United States persons and the Government of Burma prior to May 21, 1997;
(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
(h) Implementation; penalties
(1) Implementation
(2) Penalties
(i) ReportNot later than 90 days after December 23, 2022, 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, § 5571, Dec. 23, 2022, 136 Stat. 3363.)