Matthew Pennington, Associated Press, Washington | Business | Thu, July 12 2012, 8:58 AM
Myanmar
Opposition leader Aung San Suu Kyi, center, attends a regular session
of the parliament at Myanmar's Lower House in Naypyitaw Wednesday, July
11, 2012, in Naypyitaw, Myanmar. (AP)
The
Obama administration gave permission Wednesday for American companies to
invest in Myanmar and work with its state oil and gas enterprise, a
go-ahead that marks the most significant easing of U.S. sanctions
against the former pariah nation.
At the same time, the
administration expanded U.S. Treasury authority to punish those who
undermine the nascent political reforms and sanctioned a Myanmar
military industry involved in a deal for ballistic missile technology
from North Korea.
The new restrictions, imposed even as the
15-year-old ban on investment and export of financial services was
eased, underscored how far the country also known as Burma has to go
before it truly cleans shop after five decades of military rule.
"Today,
the United States is easing restrictions to allow U.S. companies to
responsibly do business in Burma," President Barack Obama said in a
statement that credited reformist President Thein Sein and democracy
leader Aung San Suu Kyi for continued progress toward democracy but also
voiced deep concern over the murky investment environment.
The
announcement came hours after Derek Mitchell, the first U.S. ambassador
to Myanmar in 22 years, presented his credentials in the Asian nation's
remote capital. Washington has normalized diplomatic relations, the
culmination of a three-year push to help Myanmar out of international
isolation and lessen its reliance on its chief but distrusted ally,
China.
But human rights groups and business advocates are
increasingly at odds over how Washington should respond to the changes
in Myanmar, and Wednesday's announcement exposed a rare difference
between the administration and Suu Kyi, long a guiding force on U.S.
policies toward the country.
Last month, the Nobel Peace laureate
advised foreign companies not to invest in the state-run Myanma Oil and
Gas Enterprise until it became more accountable and open. Doing business
with the oil company is the only way to gain access to Myanmar's
potentially lucrative energy resources, and U.S. companies fear with
that without that opportunity, they will lose out to foreign
competitors.
The administration argued that working with U.S.
companies — that face tough anti-corruption constraints under U.S. law —
could improve the situation.
Rights activists were unconvinced.
"By
allowing deals with Burma's state-owned oil company, the U.S. looks
like it caved to industry pressure and undercut Aung San Suu Kyi and
others in Burma who are promoting government accountability," said
Arvind Ganesan of Human Rights Watch.
Aung Din of the U.S.
Campaign for Burma, a Washington-based activist group, said the decision
"will be appreciated by the Burmese generals, cronies and U.S.
corporations, but not by the people of Burma."
The U.S. Chamber of
Commerce commended the easing of sanctions. Its vice president of
international affairs, John Murphy, said every other major economy,
including Australia, Canada, and the European Union, has moved more
swiftly than the U.S., and continuing sanctions would have only added to
the head start for Asian and European companies.
"It's a false
choice to say we have to choose between human rights and business
interests in Burma," he said in a statement. "Ensuring U.S. companies
have a strong presence in Burma will help raise labor and environmental
practices and corporate social responsibility."
Western nations
have moved swiftly in recent months to roll back sanctions, particularly
after special elections that saw Suu Kyi elected to parliament after 15
years of house arrest. Governments have expressed hope that can bolster
Thein Sein and help him win over military hardliners suspicious of the
reform agenda and improve life in the impoverished nation.
Mindful
of concerns over corruption and rights abuses, the administration said
U.S. companies with more than $500,000 in aggregate new investment will
be asked to file an annual report disclosing their procedures on human
rights, land acquisitions, the environment and payments to Myanmar
government entities. Additionally, companies have to notify the State
Department within 60 days of investing with the Myanma Oil and Gas
Enterprise.
National Security Council spokesman Tommy Vietor said
the country's oil company merited closer oversight than other companies
and the U.S. is working hard with that enterprise and the Myanmar
government to quickly improve its operations.
"We believe that
there will be benefits both to the people of Burma and to U.S. investors
in allowing U.S. companies, in a careful, calibrated and responsible
manner, to engage with MOGE," Vietor said in an email.
Human
Rights Watch said the reporting requirements for U.S. investors were
useful and innovative but would not erase the risk of companies becoming
involved in rights abuses and corruption.
American investment is
still forbidden with military-owned companies, and the administration
sanctioned the Directorate of Defense Industries, which it said had
carried out missile research and development at its facilities in
Myanmar, where North Korean experts are active. The administration said
in November 2008 that military officials, including the directorate's
head, had signed a memorandum of understanding with North Korea to
provide assistance to Myanmar to build medium-range, liquid-fueled
ballistic missiles, and in the past year, North Korean ships have
continued to arrive at Myanmar's ports carrying goods destined for its
defense industries.
The U.S. and other governments have repeatedly
urged Myanmar to sever its military ties with Pyongyang and to step up
its engagement with the International Atomic Energy Agency to allay any
lingering concerns it may have sought nuclear weapons, possibly with
North Korean help.
The military is also accused of continuing
serious human rights abuses, particularly in ethnic minority regions
where it is fighting insurgents. And despite releases of hundreds of
political prisoners by Thein Sein over the past year, the U.S.
government says hundreds more are still detained.
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