02-06-2025

Continuation of the National Emergency With Respect to the Situation in and in Relation to Burma

NoticeView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: This executive notice extends for one year the national emergency concerning the situation in Burma (Myanmar). This continuation preserves the President's authority to impose economic sanctions and other restrictions against the military junta that seized power in a coup on February 1, 2021.

Money: There is no specific cost associated with this notice itself. However, it enables the continuation of economic sanctions that block the property and interests in property of designated Burmese individuals and entities. This includes preventing the Burmese military from accessing approximately $1 billion in Burmese government funds held in the United States.

Your Impact: For the average American, the direct impact is minimal. However, for U.S. persons and companies, it continues to prohibit most transactions with sanctioned individuals and entities connected to the Burmese military regime, requiring ongoing compliance with these regulations.

Status: The notice was signed by the President on February 4, 2025, and continues the national emergency that was set to expire on February 10, 2025.

What's Actually in the Bill

This executive notice is a procedural but critical action required by law to maintain the United States' response to the military coup in Burma. Under the National Emergencies Act, a declared national emergency automatically terminates after one year unless the President formally renews it. This notice officially continues the national emergency declared in Executive Order 14014 for another year.

Core Provisions:

  • The national emergency regarding the situation in Burma, first declared on February 10, 2021, is extended for 1 year beyond February 10, 2025.
  • The legal basis for this extension is Section 202(d) of the National Emergencies Act.
  • This continuation keeps in force the powers granted under the International Emergency Economic Powers Act (IEEPA), which allows the President to block assets and regulate economic transactions with those deemed a threat.

Stated Purpose (from the Sponsors):

The White House states this action is necessary because the situation in Burma continues to pose an "unusual and extraordinary threat to the national security and foreign policy of the United States."

  1. The stated reasons include the military's overthrow of a democratically elected government, the unjust arrest and detention of government leaders, politicians, human rights defenders, and journalists, and the undermining of Burma's democratic transition and rule of law.

Key Facts:

Affected Sectors: The sanctions enabled by this emergency declaration primarily target Burma's defense sector, state-owned enterprises like the Myanma Oil and Gas Enterprise (MOGE), and any other sector of the economy that may be determined by the Secretary of the Treasury.
Timeline: The original emergency was declared on February 10, 2021, and this notice extends it through February 10, 2026.
Scope: The order applies to U.S. persons, including citizens, residents, and companies, and prohibits them from engaging in transactions with individuals and entities on the Specially Designated Nationals (SDN) list related to the Burma sanctions program.

The Backstory: How We Got Here

Timeline of Events:

Democratic Transition and Reversal (2010s-2021):

  • After decades of military rule, Myanmar began a transition toward democracy in the 2010s. The U.S. responded by rolling back many long-standing sanctions to encourage reform.
  • In the November 2020 general election, the National League for Democracy (NLD) party, led by Aung San Suu Kyi, won a landslide victory.
  • On February 1, 2021, the Burmese military (the Tatmadaw) rejected the election results, staged a coup, and detained State Counsellor Aung San Suu Kyi and other elected officials.

U.S. Response to the Coup (2021-Present):

  • On February 10, 2021, President Biden issued Executive Order 14014, declaring a national emergency and authorizing sanctions against the coup leaders and their financial interests.
  • Throughout 2021 and 2022, the U.S. Treasury Department progressively sanctioned military officials, their family members, and military-controlled companies.
  • In December 2022, Congress passed the Burma Unified Through Rigorous Military Accountability Act of 2022 (BURMA Act) as part of a defense bill, codifying U.S. policy to support democracy in Burma and authorizing further sanctions and non-lethal aid to pro-democracy forces.
  • The national emergency has been renewed annually by the President since its initial declaration.

Why Now? The Political Calculus:

  • Legal Necessity: Under the National Emergencies Act, the President must actively renew the emergency each year, or the authorities to maintain sanctions would expire.
  • Sustained Pressure: The renewal signals that the U.S. has not changed its position on the illegitimacy of the military junta. The ongoing violence and repression by the regime against civilians provide the justification for maintaining economic and diplomatic pressure.
  • Bipartisan Consensus: There is broad, bipartisan agreement in Congress that the Burmese military must be held accountable for the coup and its human rights abuses, providing the administration with strong political backing for a firm stance.

Your Real-World Impact

The Direct Answer: This action directly affects a specific group of U.S. individuals and businesses with ties to Burma, but has no immediate, tangible impact on the daily lives of most Americans.

What Could Change for You:

Potential Benefits:

  • For Americans who believe in promoting democracy and human rights abroad, this action aligns U.S. policy with those values, representing a continued stand against authoritarianism.
  • For members of the Burmese-American community and pro-democracy advocates, the renewal is a sign of solidarity and continued U.S. support for their cause.

Possible Disruptions or Costs:

Short-term (1 Year):

  • U.S. companies are prevented from pursuing new investments or business deals with key state-owned enterprises in Burma, particularly in the lucrative oil and gas sector.
  • Financial institutions must continue to dedicate resources to compliance to ensure they do not process transactions involving sanctioned entities.

Long-term:

  • The continued sanctions contribute to Burma's economic isolation, which could have ripple effects on regional trade and stability.
  • There is a risk of further entrenching the conflict, making an eventual return to a stable, democratic state more complex.

Who's Most Affected:

Primary Groups: The Burmese military junta, their business networks, U.S. companies in the energy and financial sectors, and Burmese pro-democracy groups.
Secondary Groups: International aid organizations operating in Myanmar, which must navigate the sanctions, and neighboring countries like Thailand and India.
Regional Impact: The policy is focused exclusively on Burma, but it affects regional financial institutions that conduct U.S. dollar transactions and have exposure to Burmese entities.

Bottom Line: This notice ensures that U.S. policy of economically isolating Burma's military rulers continues, impacting U.S. businesses with interests there but having little direct consequence for the average citizen.

Where the Parties Stand

Republican Position: "Impose Costs on the Junta"

Core Stance: Most Republicans strongly condemn the coup and support sanctions, viewing it as an assault on democracy.

Their Arguments:

  • ✓ Support imposing strong economic costs on the military leaders to pressure them to restore the democratically elected government.
  • ⚠️ Some members of the more non-interventionist wing of the party have voted against resolutions on the issue, arguing the U.S. should not be the "military police for the entire world" and should focus on domestic issues.
  • ✓ There was strong bipartisan support for the BURMA Act, indicating a broad consensus on holding the junta accountable.

Legislative Strategy: Generally supportive of the administration's sanctions while pushing for robust enforcement and working through legislation like the BURMA Act to codify policy.

Democratic Position: "A Direct Assault on Democracy"

Core Stance: The Democratic party, led by the President, fully supports the continuation of the national emergency and the associated sanctions.

Their Arguments:

  • ✓ The sanctions are a necessary tool to respond to a "direct assault on the country's transition to democracy and the rule of law."
  • ✓ U.S. policy aims to restore democracy, secure the release of political prisoners, and hold the military accountable for human rights abuses.
  • ✓ Believe in coordinating with international allies to maximize pressure on the Burmese regime.

Legislative Strategy: To utilize the executive authority granted by the national emergency to continue targeted sanctions and to implement the provisions of the BURMA Act.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's action is based on powers delegated to the executive branch by Congress through two key laws:

  • The International Emergency Economic Powers Act (IEEPA): This 1977 law grants the President the authority to regulate a wide range of economic transactions after declaring a national emergency in response to a foreign threat.
  • The National Emergencies Act (NEA): Enacted in 1976, this act establishes the procedure for declaring and terminating national emergencies, including the requirement for annual renewal.

Relevant Portion of the Constitution: The President's actions are rooted in Congress's power under Article I, Section 8 "To regulate Commerce with foreign Nations" and the President's own foreign affairs powers under Article II. Congress has delegated this authority to the President through IEEPA.

Constitutional Implications:

[Legal Principle]: The nondelegation doctrine allows Congress to delegate authority to the executive branch, provided it gives an "intelligible principle" to guide the executive's actions. Courts have consistently held that the IEEPA meets this standard.
[Precedent]: The Supreme Court has repeatedly upheld the President's broad authority under IEEPA, recognizing the need for the executive to act decisively in matters of national security and foreign policy.
[Federalism]: The issue concerns foreign policy and international commerce, which are powers explicitly granted to the federal government, not the states. Therefore, federalism is not a significant issue.

Potential Legal Challenges:

While the overall framework is considered constitutional, specific sanctions against individuals or companies under IEEPA can be challenged in court. Such lawsuits typically argue that the action was an overstep of statutory authority or violated the target's constitutional rights (e.g., First Amendment freedom of speech or Fifth Amendment due process).

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to continue to support strong sanctions and pressure on the military junta in Burma."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House Foreign Affairs Committee and Senate Foreign Relations Committee to express support for the full implementation of the BURMA Act.
  • Join an Organization: Groups like Human Rights Watch, Amnesty International, and the U.S. Campaign for Burma advocate for human rights and democracy in Myanmar.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: [Capitol Switchboard: (202) 224-3121] "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the broad use of national emergencies and economic sanctions that may not be effective or harm the people of Burma."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing for a different foreign policy approach, such as greater diplomatic engagement or concern over the negative impacts of sanctions on the general population.
  • Join an Organization: Non-interventionist or free-trade-focused think tanks like the Cato Institute or the American Enterprise Institute often publish analysis questioning the effectiveness and broad application of economic sanctions.