U.S. policy towards Burma has undergone a discernible shift in its approach since a quasi-civilian government was established in March 2011. While the overall objectives of U.S. policy towards the country remain in place-the establishment of civilian democratic government based on the rule of law and the protection of basic human rights-the Obama Administration has moved from a more reactive, \“action-for-action\” strategy and a skeptical and cautious attitude towards the newly created Union Government and Union Parliament to a more proactive mode. The new approach is designed to foster further reforms based on some form of partnership with the Union Government, headed by President Thein Sein. During the last two years, the Obama Administration has conducted much of its policy towards Burma using existing constitutional and legal authority, while regularly consulting with Congress about the actions taken. The 112th Congress passed five laws containing provisions related to U.S. policy in Burma. Three laws-P.L. 112-33, P.L. 112-36, and P.L. 112-163-extended the general import ban contained in Section 3 of the Burmese Freedom and Democracy Act of 2003 (2003 BFDA, P.L. 108-61) which is subject to annual renewal. P.L. 112-74 placed restrictions on the use in Burma of appropriated funds for certain Defense and State Department programs. P.L. 112-192 granted the Secretary of the Treasury the option of instructing the U.S. Executive Director at any international financial institution to \“vote in favor of the provision of assistance for Burma by the institution, notwithstanding any other provision of law\” if the President has determined that to do so is in the national interest of the United States. The 113th Congress will have the opportunity to decide what role it will play in the future course of U.S. policy in Burma.
