The BRAVE Burma Act strengthens accountability for human rights violations in Burma by extending sanctions, requiring presidential reports on potential new sanctions, limiting Burma's shareholding in the International Monetary Fund, and appointing a Special Envoy for Burma to coordinate U.S. policy and promote democracy.
Bill Huizenga
Representative
MI-4
The BRAVE Burma Act aims to increase accountability for human rights violations in Burma, extend sanctions, and promote a return to democratic governance. It mandates the President to assess and report on potential sanctions for Burmese entities and individuals involved in the jet fuel sector, and limits increases to Burma's shareholding in the International Monetary Fund while the country is under military rule. The Act also establishes a Special Envoy for Burma to coordinate U.S. policy, engage with Burmese stakeholders, and pressure China and Russia to cease support for the Burmese military. Finally, the BRAVE Burma Act extends the sunset clause of the BURMA Act of 2022.
The BRAVE Burma Act primarily extends the U.S. government's authority to impose sanctions related to Burma and refines the targets. It pushes the expiration date for the existing Burma Unified through Rigorous Military Accountability Act of 2022 from 8 to 10 years, giving these measures more runway. A key new requirement under Section 3 is for the President to investigate and report back to Congress within 180 days—and then annually for seven years—on whether sanctions should be applied to any Burmese state-owned enterprise, the Myanma Economic Bank, and, significantly, any foreign person or company involved in Burma's jet fuel sector. This includes activities like financing, importing, or transporting jet fuel.
This legislation doesn't just keep existing tools in play longer; it directs a closer look at specific economic lifelines for the current regime in Burma. The focus on state-owned enterprises and the Myanma Economic Bank means the U.S. is considering broader financial pressure. If implemented, sanctions on these entities could significantly impact the regime's access to funds. The specific call-out of the jet fuel sector is a direct attempt to ground the military's air capabilities, which have been a major concern. For instance, a company in another country that sells or ships jet fuel to Burma could find itself facing U.S. sanctions. While these measures aim to target the regime, there's a practical consideration: broad sanctions on major state businesses or the central bank could potentially squeeze the wider Burmese economy, affecting everyday people and businesses not directly tied to the military, a concern highlighted by the bill's potential for disproportionate impact noted in Section 3's broad scope.
Beyond direct sanctions, the Act tries to exert influence in international financial institutions. Section 4 instructs the U.S. representative at the International Monetary Fund (IMF) to push for limiting any increase in Burma's shareholding (which can translate to voting power and access to resources) as long as the State Administration Council remains in power. However, there's a notable carve-out: the President can waive this restriction if it's deemed in the U.S. national interest, requiring only an explanation to Congress. This waiver introduces a degree of executive flexibility that could, depending on its use, either temper or negate this financial pressure tactic.
Finally, Section 5 establishes a U.S. Special Envoy for Burma, an ambassador-level position. This signals a more dedicated diplomatic push. The Envoy's job description is extensive: coordinating U.S. sanctions policy, developing international sanctions, pressuring countries like China and Russia to halt support for the Burmese military, working with international partners for an arms embargo, and engaging directly with a wide range of Burmese stakeholders, including civil society, democracy advocates, ethnic groups, and representatives from the 2020 elections. The Envoy will also be central to coordinating all U.S. assistance to the people of Burma, aiming to restore peace and a civilian-led democratic government.