Sep 26, 2008 (DVB)–Political prisoner Win Htein, who was released on Tuesday and re-arrested the following day, remains in Katha prison but has been given no explanation for his detention.
National League for Democracy members and former army captain Win Htein was one of seven political detainees who were among the 9002 prisoners released as part of a government amnesty on 23 September.
He was released from Katha prison on the orders of the Internal Affairs Ministry, but was taken back into custody at 10am on 24 September, a prison officer confirmed today.
Win Htein’s wife had been waiting to meet him in Mandalay but was told to come to the prison where she was able to see him for an hour.
Win Htein was not told why he was being returned to prison, and prison staff, including a prison governor, could not give a reason for his arrest.
The prison official said Win Htein seemed to be in good health and was keeping his spirits up.
The Internal Affairs Ministry, deputy minister’s officer and special branch refused to comment on the case.
During their monthly meeting yesterday, Meikhtila NLD leaders in Mandalay denounced the military regime for releasing fewer than 10 political prisoners in the recent amnesty.
Meikhtila township NLD secretary Daw Myint Myint Aye criticised the releases as a token gesture.
“The SPDC has always given innocent people heavy prison terms and whenever it faces political problems it releases one or two token prisoners,” she said.
“It is very difficult for us to say we are pleased with prisoners being released for show; Meikhtila township [NLD] decided to denounce it.”
Reporting by Moe Aye
Saturday, 27 September 2008
Freed political prisoner tells of prison abuses
Sep 24, 2008 (DVB)–National League for Democracy member U Aye Thein, who was released at noon yesterday from Kalaymyo prison, has spoken out about the mistreatment of prisoners he witnessed while in detention.
U Aye Thein, 38, the Thabeikkyeen township NLD organising committee secretary, was one of a small number of political prisoners among the 9002 inmates released as part of a government amnesty.
Although Aye Thein was arrested on criminal charges, he was placed among political prisoners in the jail and said he suffered mistreatment by the authorities.
He said that he and other prisoners were kept in isolation in dark cells up until the time of his release.
Pakokku township MP-elect U Hlaing Aye, who was transferred to Kalaymyo jail on 22 September, was also sent directly to an isolation cell.
Aye Thein said he had also witnessed harsh treatment of other prisoners during his time behind bars.
U Michael Win Kyaw from Kalaymyo, who was imprisoned for his role in the Saffron Revolution, was beaten up by prisoners serving criminal sentences on the orders of the prison authorities, Aye Thein said.
On 5 September, Maung Win Cho from Kalaymyo township's Kokeko village, who had been imprisoned for two months on drug charges, was beaten to death in front of inmates to set an example, drawing protest from political prisoners.
Aye Thein said he intended to report the incidents he had witnessed in prison to the authorities, NLD headquarters and the International Committee of the Red Cross.
Several political prisoners including solo protester U Ohn Than, U Sai Nyunt Lwin of the Shan Nationalities League for Democracy, Ko Aye Aung, U Nyo Mya, U Aye Ko of Pyawbwe, U Kyaw Swe of Madaya and U Min Aung from Arakan State, U Ba Min and U Ba Thin from Kalaymyo are currently languishing in Kalaymyo prison.
Reporting by Khin Maung Soe Min
U Aye Thein, 38, the Thabeikkyeen township NLD organising committee secretary, was one of a small number of political prisoners among the 9002 inmates released as part of a government amnesty.
Although Aye Thein was arrested on criminal charges, he was placed among political prisoners in the jail and said he suffered mistreatment by the authorities.
He said that he and other prisoners were kept in isolation in dark cells up until the time of his release.
Pakokku township MP-elect U Hlaing Aye, who was transferred to Kalaymyo jail on 22 September, was also sent directly to an isolation cell.
Aye Thein said he had also witnessed harsh treatment of other prisoners during his time behind bars.
U Michael Win Kyaw from Kalaymyo, who was imprisoned for his role in the Saffron Revolution, was beaten up by prisoners serving criminal sentences on the orders of the prison authorities, Aye Thein said.
On 5 September, Maung Win Cho from Kalaymyo township's Kokeko village, who had been imprisoned for two months on drug charges, was beaten to death in front of inmates to set an example, drawing protest from political prisoners.
Aye Thein said he intended to report the incidents he had witnessed in prison to the authorities, NLD headquarters and the International Committee of the Red Cross.
Several political prisoners including solo protester U Ohn Than, U Sai Nyunt Lwin of the Shan Nationalities League for Democracy, Ko Aye Aung, U Nyo Mya, U Aye Ko of Pyawbwe, U Kyaw Swe of Madaya and U Min Aung from Arakan State, U Ba Min and U Ba Thin from Kalaymyo are currently languishing in Kalaymyo prison.
Reporting by Khin Maung Soe Min
NLD ordered to withdraw statement
Sep 25, 2008 (DVB)–National League for Democracy leaders have been told by Burma’s police chief to retract a statement they issued on 18 September calling on the authorities to form a constitutional review committee.
NLD chair U Aung Shwe and members of the party’s central executive committee were summoned to the interior ministry today by police chief Khin Yi and told to withdraw their statement, according to party spokesperson U Nyan Win.
"The reason for the summons was the latest special statement-18 regarding the review committee,” Nyan Win said.
“[Khin Yi said] the contents of the letter amounted to inciting the public and that we could be liable to prosecution and told us to withdraw it,” he explained.
“We responded that we had reliable facts in the letter and that it was issued in accordance with politics and we said we could never withdraw it in any way."
The statement called on the authorities to convene parliament and to form a constitution review committee with representatives of all relevant parties which should revise the constitution within six months.
Unlike their previous declarations, the NLD’s most recent statement called for the participation of army representatives, ceasefire groups, constitutional experts, ethnic nationalities and representatives of the NLD and other winning parties from the 1990 elections in the committee.
Nyan Win said it was not made clear what action the police chief would take if the NLD continued to refuse to withdraw the statement.
The warning comes shortly after the release of prominent NLD leader U Win Tin and as the party is making preparations for its 20th anniversary this Saturday.
"The anniversary ceremony will start at 12 noon. The main thing is that the chairman will deliver a speech at the ceremony and a statement issued by the NLD will be read out,” Nyan Win said.
“As it is the anniversary, representatives from the outer regions are attending. Nothing special has been planned for the 20th anniversary,” he said.
“Important matters regarding the release of political prisoners such as U Win Tin will be addressed."
U Win Tin and party chairman U Aung Shwe had a cordial meeting yesterday evening to discuss the party’s future activities.
Many grassroots supporters and activists excited by the release of U Win Tin are expected to attend the ceremony.
Reporting by Htet Aung Kyaw
NLD chair U Aung Shwe and members of the party’s central executive committee were summoned to the interior ministry today by police chief Khin Yi and told to withdraw their statement, according to party spokesperson U Nyan Win.
"The reason for the summons was the latest special statement-18 regarding the review committee,” Nyan Win said.
“[Khin Yi said] the contents of the letter amounted to inciting the public and that we could be liable to prosecution and told us to withdraw it,” he explained.
“We responded that we had reliable facts in the letter and that it was issued in accordance with politics and we said we could never withdraw it in any way."
The statement called on the authorities to convene parliament and to form a constitution review committee with representatives of all relevant parties which should revise the constitution within six months.
Unlike their previous declarations, the NLD’s most recent statement called for the participation of army representatives, ceasefire groups, constitutional experts, ethnic nationalities and representatives of the NLD and other winning parties from the 1990 elections in the committee.
Nyan Win said it was not made clear what action the police chief would take if the NLD continued to refuse to withdraw the statement.
The warning comes shortly after the release of prominent NLD leader U Win Tin and as the party is making preparations for its 20th anniversary this Saturday.
"The anniversary ceremony will start at 12 noon. The main thing is that the chairman will deliver a speech at the ceremony and a statement issued by the NLD will be read out,” Nyan Win said.
“As it is the anniversary, representatives from the outer regions are attending. Nothing special has been planned for the 20th anniversary,” he said.
“Important matters regarding the release of political prisoners such as U Win Tin will be addressed."
U Win Tin and party chairman U Aung Shwe had a cordial meeting yesterday evening to discuss the party’s future activities.
Many grassroots supporters and activists excited by the release of U Win Tin are expected to attend the ceremony.
Reporting by Htet Aung Kyaw
Junta's secret plan: Closer relationship with China
By Zarni
27 September 2008
Chiang Mai (Mizzima)- The secretly distributed minutes of a meeting chaired by the Burmese Ministry of Home Affairs indicate that the Burmese junta, which has ruled the country for over four decades, will seek a closer relationship with China in the face of growing, U.S.-led, international pressure.
The minutes of the meeting, dated July 6, 2008, state that in order to defend the country against U.S. influence, Burma cannot stand alone without any alliances and, therefore, needs the backing of China and other like-minded countries.
The minutes, a copy of which is in Mizzima's possession, say the junta's policy of stepping up relations with China is in both countries' favor and is not to the junta's benefit alone.
With the U.S. vigorously implementing its "China Containment Policy", the minutes say Burma is one of only a few neighboring countries of China that can still fend off U.S. influence.
The minutes list India, Bangladesh, Thailand, South Korea and Mongolia, as well as others, as neighbors of China that are fully or partially influenced by the U.S., leaving Burma and a few other countries such as North Korea free of the Western influence.
"For this purpose, the gas pipeline has been built and Kyaukthu Port has been developed, so that China can get direct access to the sea from Burma," the Home Minister was quoted as saying in the minutes.
China, a veto wielding country in the U.N. Security Council, has openly defended Burma in the U.N. as well as in other international arenas. In January 2007, China along with Russia vetoed a United Nations Security Council resolution on Burma that urged the release of detained pro-democracy leader Daw Aung San Suu Kyi and an improvement in the country's human rights situation.
The minutes also depict the U.S. as failing to influence many nations, including Burma, through its economic, diplomatic, human rights and democracy stance, requiring Washington to turn to the U.N. to further its influence.
The minutes, which apparently accuse the U.S. of masterminding the various resolutions passed by the U.N. against Burma, say the U.S. is seeking to exploit the various councils of the world body, including the Human Rights Council and the International Labor Organization.
Interestingly, the minutes add that with the continuous pressure of the world body and international community, the junta can no longer turn a deaf ear to the outside world but is instead forced to implement at least some changes.
However, the document states that despite growing international community demands, the government will not alter its policy regarding its roadmap to democracy.
But, in the case of renewed anti-government movements and riots, the minutes iterate that such occurrences will be handled by the police and not the army, in an effort to mitigate international criticism.
The minutes determine that while there is no need to worry about growing external pressure, it is important that members of the Ministry work hard and prove themselves excellent in their respective works.
ALSO READ
Leaked Document
27 September 2008
Chiang Mai (Mizzima)- The secretly distributed minutes of a meeting chaired by the Burmese Ministry of Home Affairs indicate that the Burmese junta, which has ruled the country for over four decades, will seek a closer relationship with China in the face of growing, U.S.-led, international pressure.
The minutes of the meeting, dated July 6, 2008, state that in order to defend the country against U.S. influence, Burma cannot stand alone without any alliances and, therefore, needs the backing of China and other like-minded countries.
The minutes, a copy of which is in Mizzima's possession, say the junta's policy of stepping up relations with China is in both countries' favor and is not to the junta's benefit alone.
With the U.S. vigorously implementing its "China Containment Policy", the minutes say Burma is one of only a few neighboring countries of China that can still fend off U.S. influence.
The minutes list India, Bangladesh, Thailand, South Korea and Mongolia, as well as others, as neighbors of China that are fully or partially influenced by the U.S., leaving Burma and a few other countries such as North Korea free of the Western influence.
"For this purpose, the gas pipeline has been built and Kyaukthu Port has been developed, so that China can get direct access to the sea from Burma," the Home Minister was quoted as saying in the minutes.
China, a veto wielding country in the U.N. Security Council, has openly defended Burma in the U.N. as well as in other international arenas. In January 2007, China along with Russia vetoed a United Nations Security Council resolution on Burma that urged the release of detained pro-democracy leader Daw Aung San Suu Kyi and an improvement in the country's human rights situation.
The minutes also depict the U.S. as failing to influence many nations, including Burma, through its economic, diplomatic, human rights and democracy stance, requiring Washington to turn to the U.N. to further its influence.
The minutes, which apparently accuse the U.S. of masterminding the various resolutions passed by the U.N. against Burma, say the U.S. is seeking to exploit the various councils of the world body, including the Human Rights Council and the International Labor Organization.
Interestingly, the minutes add that with the continuous pressure of the world body and international community, the junta can no longer turn a deaf ear to the outside world but is instead forced to implement at least some changes.
However, the document states that despite growing international community demands, the government will not alter its policy regarding its roadmap to democracy.
But, in the case of renewed anti-government movements and riots, the minutes iterate that such occurrences will be handled by the police and not the army, in an effort to mitigate international criticism.
The minutes determine that while there is no need to worry about growing external pressure, it is important that members of the Ministry work hard and prove themselves excellent in their respective works.
ALSO READ
Leaked Document
S Korea Upholds Granting Refugee Status to Burmese
By KWANG-TAE KIM / AP WRITER
The Irrawaddy News
SEOUL — South Korea's Supreme Court on Thursday upheld a lower court ruling granting refugee status to eight asylum seekers from Burma.
A lower court ruling that the Burmese citizens "have a well-grounded fear of being persecuted" is justified, the Supreme Court said in a written ruling.
"I am very pleased with the ruling. Now, I can freely work for democracy and human rights in Myanmar [Burma]," Zaw Moe Aung, one of the eight plaintiffs, told The Associated Press after the ruling.
Burma's military junta routinely jails dissidents. Opposition leader and Nobel Peace Prize laureate Suu Kyi has been detained for 13 of the past 19 years, and Friday is the one-year anniversary of a bloody crackdown on pro-democracy demonstrations by tens of thousands.
The Burmese citizens entered South Korea in 1990s and helped form a Korean chapter of Suu Kyi's party in 1999. They have since led rallies condemning their country's military junta.
The eight filed applications in 2000 seeking refugee status, citing possible political persecution from Burma's military junta if they were forcibly sent back to their country.
But South Korea's Justice Ministry refused to grant them refugee status in 2005 and recommended their deportation, prompting the Burmese citizens to file the suit.
A lower court ruled in the asylum seekers' favor in 2006. The Justice Ministry appealed the ruling.
Hong Man-pyo, a ministry spokesman, said he had no comment on Thursday's ruling.
South Korea, which became a signatory of the UN treaty on protecting refugees in 1992, has so far granted refugee status to 76 out of more than 1,950 asylum seekers, according to a civic group that aided the plaintiffs.
The Irrawaddy News
SEOUL — South Korea's Supreme Court on Thursday upheld a lower court ruling granting refugee status to eight asylum seekers from Burma.
A lower court ruling that the Burmese citizens "have a well-grounded fear of being persecuted" is justified, the Supreme Court said in a written ruling.
"I am very pleased with the ruling. Now, I can freely work for democracy and human rights in Myanmar [Burma]," Zaw Moe Aung, one of the eight plaintiffs, told The Associated Press after the ruling.
Burma's military junta routinely jails dissidents. Opposition leader and Nobel Peace Prize laureate Suu Kyi has been detained for 13 of the past 19 years, and Friday is the one-year anniversary of a bloody crackdown on pro-democracy demonstrations by tens of thousands.
The Burmese citizens entered South Korea in 1990s and helped form a Korean chapter of Suu Kyi's party in 1999. They have since led rallies condemning their country's military junta.
The eight filed applications in 2000 seeking refugee status, citing possible political persecution from Burma's military junta if they were forcibly sent back to their country.
But South Korea's Justice Ministry refused to grant them refugee status in 2005 and recommended their deportation, prompting the Burmese citizens to file the suit.
A lower court ruled in the asylum seekers' favor in 2006. The Justice Ministry appealed the ruling.
Hong Man-pyo, a ministry spokesman, said he had no comment on Thursday's ruling.
South Korea, which became a signatory of the UN treaty on protecting refugees in 1992, has so far granted refugee status to 76 out of more than 1,950 asylum seekers, according to a civic group that aided the plaintiffs.
To Implement Amendments to the Burmese Freedom and Democracy Act of 2003
September 26, 2008
White House Government
A Proclamation by the President of the United States of America
1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61) (the "Burmese Freedom and Democracy Act"), as amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the "JADE Act"), directs the President to prohibit the importation of jadeite and rubies mined or extracted from Burma, as well as the importation of articles of jewelry containing jadeite and rubies mined or extracted from Burma (Burmese covered articles), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3) of the Burmese Freedom and Democracy Act.
2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, set forth certain conditions for the importation of jadeite and rubies mined or extracted from countries other than Burma, as well as for the importation of articles of jewelry containing jadeite and rubies mined or extracted from countries other than Burma (non-Burmese covered articles).
3. Section 3A(c)(2) of the Act, as amended, also permits the President to waive the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees that the country has implemented certain measures to prevent the trade in Burmese covered articles.
4. In order to implement the prohibitions on the importation of Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in sections 3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, it is necessary to modify the Harmonized Tariff Schedule of the United States (HTS) to include an additional U.S. Note to chapter 71.
5. Section 604 of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, authorize the President to issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act.
7. I have determined that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on importation of Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I further determine that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
8. I have determined that it is appropriate to authorize the Secretary of the Treasury, in consultation with the Secretary of State, to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. I further determine that it is appropriate to authorize the Secretary of the Treasury to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting a waiver of the applicable WTO obligations with respect to the provisions of section 3A of the Burmese Freedom and Democracy Act, as amended, and any measures taken to implement it.
10. I have determined that it is appropriate to authorize the United States Trade Representative to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.
11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek the adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.
12. I have determined that it is appropriate to authorize the Secretary of State to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.
13. Section 3A(g) of the Burmese Freedom and Democracy Act, as amended, directs the President to, not later than January 26, 2009, transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of the JADE Act to seek (i) the issuance of a draft waiver decision by the Council for Trade in Goods of the WTO, as specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended; (ii) the adoption of a resolution by the United Nations General Assembly, as specified in section 3A(b)(3)(B) of that Act; and (iii) the negotiation of an international arrangement, as specified in section 3A(f)(1) of that Act.
14. I have determined that it is appropriate to authorize the Secretary of State, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.
15. Under section 3(b) of the Burmese Freedom and Democracy Act, as amended by section 6(c) of the JADE Act, the President may waive the restrictions described above if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, Foreign Affairs, and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.
16. I have determined that it is appropriate to authorize the Secretary of State to perform the functions and authorities specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including sections 3 and 3A of the Burmese Freedom and Democracy Act, as amended by section 6 of the JADE Act, section 604 of the 1974 Act, and section 301 of title 3, United States Code, do proclaim that:
(1) In order to implement the prohibition on the importation of Burmese covered articles and the conditions for the importation of non-Burmese covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, an additional U.S. Note as set forth in the Annex to this proclamation is included in chapter 71 of the HTS.
(2) Beginning on September 27, 2008, the importation into the United States of any Burmese covered article shall be prohibited, except as provided for (i) in section 3A(d) of the Burmese Freedom and Democracy Act, as amended; (ii) in regulations, orders, directives, or licenses that may be issued pursuant to this proclamation and section 3A(b)(2) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to section 3(b) of the Burmese Freedom and Democracy Act, as amended.
(3) Beginning on September 27, 2008, as a condition for the importation into the United States of any non-Burmese covered article, the importer and exporter of such article must meet the conditions set forth in section 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, except as provided for (i) in section 3A(d) of that Act; (ii) in regulations, orders, directives, or licenses issued pursuant to this proclamation and section 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to either section 3(b) or section 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended.
(4) The Secretary of the Treasury and the Secretary of Homeland Security are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. The Secretary of the Treasury and the Secretary of Homeland Security are further authorized to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
(5) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance of waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law.
(6) The United States Trade Representative is hereby authorized to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.
(7) The Secretary of State is hereby authorized to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.
(8) The Secretary of State is hereby authorized, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.
(9) The Secretary of State is hereby authorized to perform the functions specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.
(10) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of September, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.
GEORGE W. BUSH
White House Government
A Proclamation by the President of the United States of America
1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61) (the "Burmese Freedom and Democracy Act"), as amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the "JADE Act"), directs the President to prohibit the importation of jadeite and rubies mined or extracted from Burma, as well as the importation of articles of jewelry containing jadeite and rubies mined or extracted from Burma (Burmese covered articles), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3) of the Burmese Freedom and Democracy Act.
2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, set forth certain conditions for the importation of jadeite and rubies mined or extracted from countries other than Burma, as well as for the importation of articles of jewelry containing jadeite and rubies mined or extracted from countries other than Burma (non-Burmese covered articles).
3. Section 3A(c)(2) of the Act, as amended, also permits the President to waive the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees that the country has implemented certain measures to prevent the trade in Burmese covered articles.
4. In order to implement the prohibitions on the importation of Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in sections 3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended, it is necessary to modify the Harmonized Tariff Schedule of the United States (HTS) to include an additional U.S. Note to chapter 71.
5. Section 604 of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, authorize the President to issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act.
7. I have determined that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on importation of Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I further determine that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
8. I have determined that it is appropriate to authorize the Secretary of the Treasury, in consultation with the Secretary of State, to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. I further determine that it is appropriate to authorize the Secretary of the Treasury to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization (WTO) granting a waiver of the applicable WTO obligations with respect to the provisions of section 3A of the Burmese Freedom and Democracy Act, as amended, and any measures taken to implement it.
10. I have determined that it is appropriate to authorize the United States Trade Representative to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.
11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek the adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.
12. I have determined that it is appropriate to authorize the Secretary of State to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.
13. Section 3A(g) of the Burmese Freedom and Democracy Act, as amended, directs the President to, not later than January 26, 2009, transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of the JADE Act to seek (i) the issuance of a draft waiver decision by the Council for Trade in Goods of the WTO, as specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended; (ii) the adoption of a resolution by the United Nations General Assembly, as specified in section 3A(b)(3)(B) of that Act; and (iii) the negotiation of an international arrangement, as specified in section 3A(f)(1) of that Act.
14. I have determined that it is appropriate to authorize the Secretary of State, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.
15. Under section 3(b) of the Burmese Freedom and Democracy Act, as amended by section 6(c) of the JADE Act, the President may waive the restrictions described above if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, Foreign Affairs, and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.
16. I have determined that it is appropriate to authorize the Secretary of State to perform the functions and authorities specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including sections 3 and 3A of the Burmese Freedom and Democracy Act, as amended by section 6 of the JADE Act, section 604 of the 1974 Act, and section 301 of title 3, United States Code, do proclaim that:
(1) In order to implement the prohibition on the importation of Burmese covered articles and the conditions for the importation of non-Burmese covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, an additional U.S. Note as set forth in the Annex to this proclamation is included in chapter 71 of the HTS.
(2) Beginning on September 27, 2008, the importation into the United States of any Burmese covered article shall be prohibited, except as provided for (i) in section 3A(d) of the Burmese Freedom and Democracy Act, as amended; (ii) in regulations, orders, directives, or licenses that may be issued pursuant to this proclamation and section 3A(b)(2) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to section 3(b) of the Burmese Freedom and Democracy Act, as amended.
(3) Beginning on September 27, 2008, as a condition for the importation into the United States of any non-Burmese covered article, the importer and exporter of such article must meet the conditions set forth in section 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, except as provided for (i) in section 3A(d) of that Act; (ii) in regulations, orders, directives, or licenses issued pursuant to this proclamation and section 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended; or (iii) by waiver issued pursuant to either section 3(b) or section 3A(c)(2) of the Burmese Freedom and Democracy Act, as amended.
(4) The Secretary of the Treasury and the Secretary of Homeland Security are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. The Secretary of the Treasury and the Secretary of Homeland Security are further authorized to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law.
(5) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance of waivers of the conditions for importation set forth in section 3A(c)(1) of non-Burmese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law.
(6) The United States Trade Representative is hereby authorized to perform the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended.
(7) The Secretary of State is hereby authorized to perform the functions specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended.
(8) The Secretary of State is hereby authorized, in consultation with the United States Trade Representative, to perform the functions specified in section 3A(g) of the Burmese Freedom and Democracy Act, as amended.
(9) The Secretary of State is hereby authorized to perform the functions specified in section 3(b) of the Burmese Freedom and Democracy Act, as amended.
(10) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of September, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.
GEORGE W. BUSH
Switzerland extends sanctions
GENEVA (DailyTimes): Switzerland’s government said Friday it has decided to extend its sanctions against Myanmar to include a ban on wood imports, bringing its measures in line with the European Union.
“The new coercive measures include the banning of imports of wood and wooden products, coal, certain metals and gemstones from Myanmar,” the Federal Council said.
Financial sanctions will also be tightened and the number of Myanmar businesses subjected to sanctions has risen to 83 from 39.
The European Union strengthened its own sanctions against Myanmar in May, including an embargo on the import of timber, gems and metals from Myanmar.
The 27-nation bloc also extended the list of Myanmar leaders and their relatives subject to a travel ban and assets freeze. afp
“The new coercive measures include the banning of imports of wood and wooden products, coal, certain metals and gemstones from Myanmar,” the Federal Council said.
Financial sanctions will also be tightened and the number of Myanmar businesses subjected to sanctions has risen to 83 from 39.
The European Union strengthened its own sanctions against Myanmar in May, including an embargo on the import of timber, gems and metals from Myanmar.
The 27-nation bloc also extended the list of Myanmar leaders and their relatives subject to a travel ban and assets freeze. afp
One Down, 2,100 To Go
(VOA) 26 September 2008 - The military junta that rules Burma has released its longest-serving political prisoner, journalist U Win Tin after 19 years in jail. The United States welcomes the news and urges the government there to free all prisoners of conscience and begin a dialogue with pro-democracy and ethnic minority leaders to begin the work of rebuilding the country.
Burmese state news media said that Win Tin's release, and that of about 9,000 other prisoners, was granted to allow them to take part in voting in the general election, scheduled for 2010.
It would be the country's first election since the National League of Democracy won the vote overwhelmingly in 1990, the results of which the ruling junta has never honored. The party’s leader and Burma’s most famous political prisoner, Aung San Suu Kyi, has been under house arrest for 13 of the past 19 years. She was not granted freedom by this latest amnesty.
Win Tin was arrested in 1989 and sentenced to a long term for agitating against the military government and allegedly writing anti-government propaganda. His release is a positive development and long overdue. Showing that he lost none of the crusading spirit that got him in trouble with authorities in the first place, he said soon after leaving jail, "I will keep fighting until the emergence of democracy in this country."
An estimated 2,100 other political prisoners languish in Burmese jails and the regime continues to imprison those with differing political views. Authorities recently arrested Nilar Thein who has been hiding since the crackdown on democracy demonstrations last year.
It is hoped that if authorities are setting the stage for a fair national election in two years, these political prisoners be released as part of the process too. The U.S. urges that Aung San Suu Kyi and all others be freed and that the government move the country down the path toward genuine democracy.
Burmese state news media said that Win Tin's release, and that of about 9,000 other prisoners, was granted to allow them to take part in voting in the general election, scheduled for 2010.
It would be the country's first election since the National League of Democracy won the vote overwhelmingly in 1990, the results of which the ruling junta has never honored. The party’s leader and Burma’s most famous political prisoner, Aung San Suu Kyi, has been under house arrest for 13 of the past 19 years. She was not granted freedom by this latest amnesty.
Win Tin was arrested in 1989 and sentenced to a long term for agitating against the military government and allegedly writing anti-government propaganda. His release is a positive development and long overdue. Showing that he lost none of the crusading spirit that got him in trouble with authorities in the first place, he said soon after leaving jail, "I will keep fighting until the emergence of democracy in this country."
An estimated 2,100 other political prisoners languish in Burmese jails and the regime continues to imprison those with differing political views. Authorities recently arrested Nilar Thein who has been hiding since the crackdown on democracy demonstrations last year.
It is hoped that if authorities are setting the stage for a fair national election in two years, these political prisoners be released as part of the process too. The U.S. urges that Aung San Suu Kyi and all others be freed and that the government move the country down the path toward genuine democracy.
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