Obama Administration Lifts Import Ban on Products from Burma
The Obama administration lifted the ban on imports from Burma (Myanmar) on Nov. 16, ending a prohibition that had been in place since 2003. The Treasury Department issued General License No. 18, authorizing importation of any products of Burma, subject to certain limitations. Imports of jadeite and rubies mined or extracted in Burma are still prohibited pursuant to the JADE Act of 2008. The general license also does not authorize transactions with persons blocked under the Burma sanctions program.
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State Waives Ban; OFAC Issues General License Allowing Imports
Imports from Burma had been banned since passage of the Burmese Freedom and Democracy Act of 2003, which was implemented by Executive Order 13310 of July 28, 2003. The act contains a provision for Presidential waiver of the prohibitions. On Nov. 16, the State Department used this waiver to allow importation of products of Burma.
Consistent with the waiver, the Treasury Department’s Office of Foreign Assets Control issued General License No. 18 (GL 18), authorizing the importation into the U.S. of any article that is a product of Burma. GL 18 does not authorize importation into the U.S. of:
- Jadeite or rubies mined or extracted from Burma, or articles of jewelry containing jadeite or rubies mined or extracted from Burma or any other activity prohibited by Section 3A of the Burmese Freedom and Democracy Act of 2003, as amended by the Tom Lantos Block Burmese JADE Act of 2008.
- Transactions with any person blocked under the Burma sanctions program.
Relaxation in Response to Burmese Progress, but Underlying Laws Still in Place
According to a joint press release, the actions of State and Treasury “are intended to support the Burmese government’s ongoing reform efforts and to encourage further change, as well as to offer new opportunities for Burmese and American businesses.” The relaxation of the ban was in response to “significant reforms” that have taken place in the country over the past year, such as the release of hundreds of political prisoners, removal of press censorship requirements, cease fire agreements with 10 armed ethnic groups, and “largely free and fair” parliamentary by-elections in April 2012. The Burmese government has also passed a new foreign investment law, and is making efforts to join the Extractive Industries Transparency Initiative, the release said.
“The U.S. government is closely monitoring and supporting Burma’s progress on reform, and the core authorities underlying our sanctions remain in place,” State and Treasury said. “Despite positive changes, the United States remains concerned about corruption, remaining political prisoners, continued military ties to [North Korea], and ethnic conflict.” Treasury will make use of the Specially Designated Persons (SDN) list to exclude those who continue to perpetrate violence, oppression, and corrupt practices from participating in the thaw of the U.S.-Burmese economic relationship, they said.
Relaxation of the ban came a day after human rights and labor organizations, including Freedom House and AFL-CIO, sent a letter to several U.S. government officials. The letter voiced concern about ongoing human rights abuses in Burma, and encouraged caution in lifting the ban. Specifically, the letter called for: consultations with Burmese civil society; encouragement of compliance with Organisation for Economic Co-operation and Development (OECD) guidelines for multinational enterprises; maintaining the ban on jade and ruby imports; preventing importation of goods produced by blocked persons; allowing imports of teak and hardwoods only in connection with a certified sustainability scheme; screening of goods produced in connection with large-scale land acquisition; and addressing concerns about poor labor conditions.
Letter from human rights and labor organizations is available here.