WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell made the following
remarks on the Senate floor today regarding the Burmese Freedom and Democracy
Act import sanctions:
“For the
past two decades, I have been coming to the Senate floor to condemn acts of the
Burmese regime against its own people. And for the past decade, for these
same reasons, I have sponsored legislation to impose sanctions on the Burmese
government. Beginning in 2003, import sanctions have been renewed annually
through the Burmese Freedom and Democracy Act (the BFDA). The BFDA was later
enhanced in 2008 through the Tom Lantos Block Burmese JADE Act, a measure I
also cosponsored.
“Today,
however, I come to the floor with a different message. After having given the
matter a great deal of thought and review, I do not believe that Congress
should reauthorize the BFDA’s import sanctions. Let me repeat that. I do not
believe the BFDA import ban should be renewed for another year.
“There are
several reasons why. First, the objective of the sanctions effort is to change
the behavior of the Burmese government. And to a significant extent that has
taken place.
“As a result of the new Burmese government’s actions, in the past two and a half years, Daw Aung San Suu Kyi, the Nobel Peace Prize Laureate, has been freed from house arrest, has been permitted to travel abroad and has been elected to office as a member of parliament.
“As a result of the new Burmese government’s actions, in the past two and a half years, Daw Aung San Suu Kyi, the Nobel Peace Prize Laureate, has been freed from house arrest, has been permitted to travel abroad and has been elected to office as a member of parliament.
“A free
and fair by-election was held in Burma last year. Scores of political prisoners
have been released. A freer form of government has begun to take root. And I
strongly believe that the BFDA import sanctions were instrumental in promoting
these reforms. They helped deny the previous military junta the legitimacy it
had craved.
“These
positive changes, many of which I saw for myself during my visit to Burma in
January 2012, should be acknowledged. As Daw Suu Kyi herself said last fall
during her visit to the United States, ‘the sanctions need to be removed.’
“Second, I
believe renewing sanctions would be a slap in the face to Burmese reformers and
embolden those within Burma who want to slow or reverse reform.
“We should
be strengthening the hand of these reformers to show the ‘fence sitters’ that
reforms will be met with positive action by the United States. The
administration has extended an olive branch to the new Burmese government and I
believe it is time for Congress to do the same. Burmese citizens should not be
made to feel that Congress will maintain sanctions no matter what they
do.
“Third,
after renewal of the BFDA import ban last year, the administration waived most
of the BFDA sanctions in response to the recent reforms. So, as a practical
matter, even if the BFDA import ban were renewed, its effect would be largely
nullified through an administration waiver.
“Let me
emphasize a few points. By choosing not to renew the BFDA import ban no one
should fall under the misimpression that Congress would be ‘giving up’ its
leverage with respect to Burma. The current restrictions on importation of
Burmese jadeite and rubies are likely to remain in place even without renewal
of the BFDA. This is because the administration enjoys authority under
other statutes to continue to limit the importation of Burmese gems. So again,
as a practical matter, the restrictions on Burma would be little different
without the BFDA than they are right now under last year’s BFDA and last year’s
waiver.
“Moreover, there are other sanctions, apart from the BFDA import ban, which would remain in permanent law.
“Moreover, there are other sanctions, apart from the BFDA import ban, which would remain in permanent law.
“They
include: the authority to freeze assets and the authority to deny visas to bad
Burmese actors. Even if the BFDA import ban is not reauthorized, these
provisions remain on the books.
“In addition, a variety of other sanctions that expressly name Burma remain in effect and still require outright repeal or modification. They include provisions within the FY 1997 Foreign Operations Appropriations bill, the Customs and Trade Act of 1990 and the Foreign Assistance Act.
“If Burma’s government continues to support political and economic reform, then at a later date Congress can consider whether these permanent restrictions warrant removal or modification.
“Beyond the realm of trade, there are other statutes of general application
that sanction Burma due to concerns over human trafficking, counternarcotics
and religious freedom to name just a few such issues. Burma must take positive
action in order to no longer qualify for sanctions under those measures. So,
again, legislative leverage would remain even without the renewal of the
BFDA.
“In addition, a variety of other sanctions that expressly name Burma remain in effect and still require outright repeal or modification. They include provisions within the FY 1997 Foreign Operations Appropriations bill, the Customs and Trade Act of 1990 and the Foreign Assistance Act.
“If Burma’s government continues to support political and economic reform, then at a later date Congress can consider whether these permanent restrictions warrant removal or modification.
Sanctions particularly hurt women! |
“There
also remains the annual appropriations process as Congress considers how much
and what types of aid Burma should receive. For instance, there is some
indication that Burma wants to improve its military-to-military relationship
with the United States. I support this goal, and such programs and contacts
provide additional tools for Congressional oversight and action.
“The
European Union and Australia have also removed most of their sanctions against
Burma. Congress, in choosing not to renew trade sanctions, would ensure that
American companies remain on equal footing with their Western competitors and
bring greater certainty to those U.S. firms which are considering investment in
Burma. And, finally, if Burma backslides, Congress can always reconsider
sanctions.
“As a
Congress we need to be realistic about the fundamental challenges facing Burma
on its road to reform. The country faces major challenges on many fronts,
stemming from a half-century of bad governance and economic mismanagement. In
this post-junta period, the Burmese people need our help and bilateral trade
can do just that.
“It can
help improve Burmese lives and show the people of Burma that a move toward
greater political openness under a new government brings with it tangible
benefits in their daily lives.
Sanctions shut down our textile factories and women lose jobs. |
“While I
am pleased with the progress we have already seen, I would note that I am not,
repeat not, fully satisfied with the progress that Burma has made so far. Much
more needs to be done. The 2015 elections will be a vital indicator of how
strong the reformist momentum is within Burma.
“In my
view, there are several other important benchmarks that we will need to see
achieved going forward.
“For
example:
“All
parties within Burma must work to reduce the clashes between the military and
ethnic minority groups and begin political dialogue toward peaceful
reconciliation.
“All
parties within Burma need to work to diminish sectarian strife between
Buddhists and Muslims.
“Any arms
trade between North Korea and Burma needs to stop.
“The
Burmese Constitution also needs amending in several areas. For example,
provisions specifically designed to exclude Daw Suu Kyi from running for
president need to be amended.
“Complete and unconditional release of political prisoners needs to be undertaken.
“The military should increasingly be brought under civilian control.
“Complete and unconditional release of political prisoners needs to be undertaken.
“The military should increasingly be brought under civilian control.
Sanctions forces our young women turn into prostitutes! |
“I make
this appeal to my colleagues in light of the visit of Burmese President Thein
Sein to Washington this week. This is an important visit, reflecting many of
the dramatic changes that have taken place in Burma. It follows on the heels of
Daw Suu Kyi’s landmark visit last fall and President Obama’s trip to Burma last
year.
“Many of
us who have followed Burma for years never thought reform would come to this
troubled country. This is an important moment and I believe it is time for
Congress to take responsible action to continue to promote progress by
encouraging those who are risking much within Burma; while still leaving in
place other sanctions in order to encourage further reform. A decision not to
renew the BFDA import ban is an important step in that direction, to do
otherwise could send the wrong signal to the wrong people.
“So, as a
Congress let us continue to vigorously support democracy and peaceful
reconciliation in Burma but let us do so by taking a positive step forward with
regard to our sanctions policy.”