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President Signs Law Renewing Burma Import Ban, Jadeite/Ruby Sanctions

On July 27, 2010, the President signed into law H.J. Res. 83, which renews the import restrictions contained in the Burmese Freedom and Democracy Act of 2003.

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(The House passed H.J. Res. 83 on July 14, 2010 and the Senate passed it on July 22, 2010. Congress has renewed the Burma import sanctions annually since 2003.)

Burma Import Ban, Jadeite/Ruby Sanctions Renewed for One Year

H.J. Res. 83 renews for another year the existing import restrictions on Burma that were imposed by Section 3(a)(1), 3A(b)(1) and 3A(c)(1) of the Burmese Freedom and Democracy Act (Act) of 2003.

In 2003, the Act required the President to ban the importation of any article that is the product of Burma until he makes certain determinations and certifications. In 2008, the Act was amended to (i) specifically prohibit imports of jadeite and rubies, mined or extracted from Burma (Myanmar), and jewelry containing these gems; and (ii) impose conditions for importing jadeite and rubies, mined or extracted from a country other than Burma, and jewelry containing these gems; until the President makes certain determinations and certifications. The Act’s restrictions expire unless a renewal resolution is enacted into law.

The continuation of these sanctions is funded by (i) extending certain customs user fees (not the merchandise processing fee (MPF)); and (ii) making certain revisions to provisions on corporate estimated taxes.

Renewal Retroactive to July 26, 2010

The renewal of the import restrictions is retroactive to July 26, 2010. (H.J. Res. 83 takes effect on the date of enactment or July 26, 2010, whichever occurs earlier.)

(See ITT’s Online Archives or 07/23/10 news, 10072320, for BP summary of the Senate’s passage of H.J. Res. 83. See ITT’s Online Archives or 07/16/10 news, 10071628, for BP summary on details of House-passed H.J. Res. 83.)

See ITT's Online Archives or 08/01/09 news, 08080105, for BP summary of the signing into law of amendments to the Burmese Freedom and Democracy Act for certain gemstones mined in Burma, etc.)