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EO 13742Executive OrderObama · D

Executive Order 13742

Termination of Emergency With Respect to the Actions and Policies of the Government of Burma

This executive order terminates the 1997 national emergency regarding Burma (Myanmar), revoking six previous executive orders and ending related sanctions, including visa restrictions on certain Burmese individuals. The action reflects the Obama administration's assessment that Burma had made substantial democratic progress, including the 2015 elections that brought the National League for Democracy to power.

Federal Register Open PDF 81 FR 70593

Impact dates

  1. Order effective at 1:00 p.m. EDT; national emergency terminated and all revocations/waivers take effect

Key directives

  • Terminate national emergency declared in Executive Order 13047 of May 20, 1997
  • Revoke Executive Orders 13047, 13310, 13448, 13464, 13619, and 13651
  • Waive sanctions described in section 5(b) of the JADE Act pursuant to section 5(i)
  • Lift suspension of entry for immigrants and nonimmigrants under Presidential Proclamation 8693 and section 212(f) of INA
  • Preserve pending legal actions, matured rights, and incurred penalties from prior sanctions period

Timeline

Immediate

  • National emergency terminated effective 1:00 p.m. EDT October 7, 2016
  • Six prior executive orders revoked
  • Visa suspensions under Proclamation 8693 lifted
  • JADE Act sanctions waived

Near term (90d)

  • Pending legal proceedings based on prior sanctions to conclude
  • U.S. businesses may begin exploring re-engagement with Burma

Long term

  • Structural shift in U.S.-Burma relations from sanctions-based to normalized engagement
  • Potential increase in U.S. trade and investment in Burma
  • Democratic transition in Burma to be tested without U.S. pressure leverage

Risks & tensions

  • Preservation clause (Section 1) creates legal complexity for ongoing enforcement actions and litigation tied to pre-termination conduct
  • Democratic gains cited as justification remained fragile; subsequent 2021 military coup would reverse progress
  • JADE Act waiver uses national interest determination that could be contested or reversed by future administrations
  • Normalization without sustained institutional reform may reduce U.S. leverage over Burma's military
  • No explicit congressional consultation requirement in text despite statutory bases invoking appropriations and act-specific authorities
Executive Order 13742: Termination of Emergency With Respect to the Actions and Policies of the Government of Burma · Executive Orders