Restrictive measures in respect of Myanmar/Burma

 

SUMMARY OF:

Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

WHAT IS THE AIM OF THE REGULATION AND DECISION?

The decision and regulation outline restrictive measures (sanctions) against persons and entities arising from the situation in Myanmar/Burma.

KEY POINTS

Equipment used for internal repression and military purposes

The sale, supply, transfer or export of equipment, which might be used for internal repression, to any person or entity in, or for use in, Myanmar/Burma is prohibited if it is intended for military use, military end users or the border guard police. This includes:

• firearms, ammunition, weapon sights, bombs and grenades;
• vehicles and components specially designed for riot control:
  • equipped with a water cannon for the purpose of riot control,
  • electrified to repel borders,
  • designed to transport or transfer prisoners or detainees, or
  • designed to deploy mobile barriers;
• explosives specially designed to initiate explosions by electrical or non-electrical means, except those for a specific commercial use such as car air-bag inflaters;
• other explosives, including:
  • amatol,
  • nitrocellulose (containing more than 12.5% nitrogen),
  • nitroglycol,
  • pentaerythritol tetranitrate,
  • picryl chloride, and
  • TNT;
• protective equipment including:
  • body armour providing ballistic or stab protection, and
  • helmets providing ballistic or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields.

The ban does not include protective clothing, including flak jackets and helmets, temporarily exported to Myanmar/Burma by United Nations, European Union (EU) or EU Member State personnel, the media or humanitarian and development workers for personal use only.

Technical assistance and financing military activities

Supplying (or promoting) the following to any person, entity or body in, or for use in, Myanmar/Burma is prohibited:

• technical assistance for military activities and providing arms and related equipment, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts;
• financial assistance related to military activities including internal repression, in particular, grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related equipment.

Equipment, technology and software to monitor or intercept internet or telephone communication

The sale, supply, transfer or export of equipment, technology or software which could be used to monitor or intercept internet or telephone communications is prohibited without prior authorisation from the relevant Member State.

Member States must not grant authorisation if they believe that the equipment, technology or software would be used for internal repression by the Myanmar/Burma government, public bodies, corporations or agencies.

Economic sanctions

• All funds and economic resources are frozen if they belong to or are owned, held or controlled by persons, entities or bodies listed in Annex IV to the regulation.
• No funds or economic resources may be made available to the persons, entities or bodies listed.

Derogations

Member States can authorise the release of certain frozen funds, including for:

• basic needs including food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;
• reasonable professional fees and expenses incurred for legal services;
• fees or charges for holding frozen funds or economic resources;
• certain other extraordinary expenses, on giving other Member States and the European Commission at least 2 weeks’ prior notice;
• diplomatic or consular use, or use by an international organisation with immunity;
• humanitarian purposes, such as delivering assistance – including medical supplies – and food, transfer of humanitarian workers or evacuations;
• decommissioning of oil and gas wells in accordance with international standards, such as waste disposal and site remediation for safety and environmental reasons.

Sanctioned persons and entities

• Members of the Myanmar armed forces, the Myanmar police force and the border guard police responsible for:
  • serious human rights violations;
  • obstructing the provision of humanitarian assistance to civilians in need; or
  • obstructing the conduct of independent investigations into alleged serious human rights violations or abuses.
• Persons or entities:
  • whose actions, policies or activities undermine democracy or the rule of law, or who threaten the peace, security or stability of Myanmar/Burma; or
  • owned or controlled by the Myanmar armed forces, or generating revenue for, providing support to or benefiting from them.
• Persons or entities associated with the above.

FROM WHEN DO THE REGULATION AND DECISION APPLY?

• Regulation (EU) No 401/2013 has applied since 3 May 2013.
• Decision 2013/184/CFSP has applied since 23 April 2013.

BACKGROUND

The regulation repeals Regulation (EC) No 194/2008.

For further information, see:

• The European Union and Myanmar (European External Action Service).

MAIN DOCUMENTS

Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, pp. 1–7).

Successive amendments to Regulation (EU) No 401/2013 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, pp. 75–76).

See consolidated version.

RELATED DOCUMENTS

Common Military List of the European Union adopted by the Council on 21 February 2022 (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment) (updating and replacing the Common Military List of the European Union adopted by the Council on 17 February 2020) (OJ C 100, 1.3.2022, pp. 3–35).

Consolidated version of the Treaty on European Union – Title V – General provisions on the Union’s external action and specific provisions on the common foreign and security policy – Chapter 2 – Specific provisions on the common foreign and security policy – Section 1 – Common provisions – Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33).

Consolidated version of the Treaty on the Functioning of the European Union – Part five – The Union’s external action – Title IV – Restrictive measures – Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144).

last update 30.01.2023