ISSN 1977-0677

Official Journal

of the European Union

L 40

European flag  

English edition

Legislation

Volume 65
21 February 2022


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2022/235 of 21 February 2022 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

1

 

*

Council Implementing Regulation (EU) 2022/236 of 21 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

3

 

*

Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

6

 

*

Council Regulation (EU) 2022/238 of 21 February 2022 amending Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

8

 

*

Council Implementing Regulation (EU) 2022/239 of 21 February 2022 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

10

 

 

DECISIONS

 

*

Council Decision (CFSP) 2022/240 of 21 February 2022 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them

21

 

*

Council Decision (CFSP) 2022/241 of 21 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

23

 

*

Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

26

 

*

Council Decision (CFSP) 2022/243 of 21 February 2022 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma

28

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

21.2.2022   

EN

Official Journal of the European Union

L 40/1


COUNCIL IMPLEMENTING REGULATION (EU) 2022/235

of 21 February 2022

implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (1), and in particular Article 4(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 20 September 2016 the Council adopted Regulation (EU) 2016/1686.

(2)

In view of the continued threat posed by ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities and bodies associated with them, two persons and two groups should be added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) 2016/1686.

(3)

Regulation (EU) 2016/1686 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2016/1686 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 255, 21.9.2016, p. 1.


ANNEX

Annex I to Regulation (EU) 2016/1686 is amended as follows:

(1)

the heading ‘A. Persons’ is replaced by:

‘A.

Natural persons referred to in Article 3’;

(2)

the following natural persons are added:

‘8.

Osama MAHMOOD (a.k.a. Ustadh Usama Mahmood, Ousama Mahmood); nationality: Pakistani (presumed).

9.

Sultan Aziz AZAM (a.k.a. Aziz Azam, Sultan Aziz, Sultan Azziz Azzam, Sultan Aziz Ezzam); date of birth: 1985; place of birth: Afghanistan; nationality: Afghan.’;

(3)

the following heading and entries are added:

‘B.

Legal persons, entities and bodies referred to in Article 3

1.

Al-Qaeda in the Indian Subcontinent (AQIS) (a.k.a. Al-Qa’ida in the Indian Subcontinent, Qaedat al-Jihad in the Indian Subcontinent).

2.

Da’esh – Hind Province (a.k.a. Wilayah of Hind, Islamic State’s Hind Province (ISHP), IS-Wilayat al-Hind, Da’esh – Wilayat al-Hind).’.


21.2.2022   

EN

Official Journal of the European Union

L 40/3


COUNCIL IMPLEMENTING REGULATION (EU) 2022/236

of 21 February 2022

implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 17 March 2014, the Council adopted Regulation (EU) No 269/2014.

(2)

The European Union does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and therefore does not recognise the so-called elections held in the illegally annexed Crimean peninsula.

(3)

Following the organisation, by the Russian Federation, of so-called elections for the State Duma in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol in September 2021, the Council considers that five individuals should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014 for their role in undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

(4)

Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The persons listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 269/2014.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 78, 17.3.2014, p. 6.


ANNEX

The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) No 269/2014:

 

Name

Identifying information

Reasons

Date of listing

‘204.

Aleksei Yurievich CHERNIAK

(Алексей Юрьевич ЧЕРНЯК)

Gender: Male

DOB: 27.8.1973

POB: Alma-Ata, Kazakh SSR (now Kazakhstan)

Nationality: Russian

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed ‘Autonomous Republic of Crimea’ in the so-called ‘Simferopol constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, he has worked for further integration of the so-called ‘Republic of Crimea’ into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

205.

Leonid Ivanovich BABASHOV

(Леонид Иванович БАБАШОВ)

Gender: Male

DOB: 31.1.1966

POB: Petrovka, Crimea Oblast, Ukrainian SSR (now Ukraine)

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed ‘Autonomous Republic of Crimea’ in the so-called ‘Yevpatoria constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, he has worked for further integration of the so-called ‘Republic of Crimea’ into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

206.

Tatiana Georgievna LOBACH

(Татьяна Георгиевна ЛОБАЧ)

Gender: Female

DOB: 8.1.1974

POB: Khmelnytskyi, Ukrainian SSR (now Ukraine)

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed City of Sevastopol in the so-called ‘Sevastopol constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, she has worked for further integration of the illegally annexed City of Sevastopol into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

207.

Nina Sergeevna FAUSTOVA

(Нина Сергеевна ФАУСТОВА)

Gender: Female

DOB: 11.7.1983

POB: Kyzyl, Republic of Tuva, Russian SFSR (now Russian Federation)

Head of the Sevastopol electoral commission, which took part in the organisation of the so-called elections in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol held in September 2021.

In taking on and acting in this capacity, she actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

21.2.2022

208.

Aleksandr Evgenevich CHMYHALOV

(Александр Евгеньевич ЧМЫХАЛОВ)

Gender: Male

DOB: 13.6.1990

Deputy Head of the Sevastopol electoral commission, which took part in the organisation of the so-called elections in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol held in September 2021.

Member of the ruling ‘United Russia’ party.

In taking on and acting in this capacity, he actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

21.2.2022’.


21.2.2022   

EN

Official Journal of the European Union

L 40/6


COUNCIL IMPLEMENTING REGULATION (EU) 2022/237

of 21 February 2022

implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 1 August 2011, Mr Mohammed Makhlouf was added to the list of natural and legal persons, entities or bodies subject to restrictive measures pursuant to Council Implementing Regulation (EU) No 755/2011 (2).

(2)

Pursuant to Regulation (EU) No 36/2012, Mr Mohammed Makhlouf was maintained on the list of natural and legal persons, entities or bodies subject to restrictive measures.

(3)

On 12 September 2020, Mr Mohammed Makhlouf passed away. Since his heirs are all members of the Makhlouf family, there is an inherent risk that the inherited assets will be used to support the activities of the Syrian regime and will flow directly into the regime’s possession, potentially contributing to the regime’s violent repression of the civilian population.

(4)

In view of the gravity of the situation in Syria, and considering the above, five additional members of the Makhlouf family should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012.

(5)

Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 16, 19.1.2012, p. 1.

(2)  Council Implementing Regulation (EU) No 755/2011 of 1 August 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ L 199, 2.8.2011, p. 33).


ANNEX

The following entries are added to the list set out in Section A (Persons) of Annex II to Regulation (EU) No 36/2012:

 

Name

Identifying information

Reasons

Date of listing

‘318.

Hala Tarif ALMAGHOUT

هلا طريف الماغوط

Gender: Female

DOB: 30.6.1980 or 30.7.1980.

Widow of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

319.

Ghada Adib MHANNA

غاده أديب مهنا

Gender: Female

DOB: 22.5.1948

Widow of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

320.

Shalaa Mohammed MAKHLOUF

شهلاء محمد مخلوف

Gender: Female

DOB: 22.3.1967

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

321.

Kinda Mohammed MAKHLOUF

كندا محمد مخلوف

Gender: Female

DOB: 25.9.1977

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

322.

Sara Mohammed MAKHLOUF

ساره محمد مخلوف

Gender: Female

DOB: 27.8.1984

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022’


21.2.2022   

EN

Official Journal of the European Union

L 40/8


COUNCIL REGULATION (EU) 2022/238

of 21 February 2022

amending Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2022/243 of 21 February 2022 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,

Whereas:

(1)

Council Regulation (EU) No 401/2013 (2) gives effect to several measures provided for by Council Decision 2013/184/CFSP (3), including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies.

(2)

In view of the continuing grave situation in Myanmar/Burma, on 21 February 2022 the Council adopted Decision (CFSP) 2022/243 , adding 22 persons and 4 entities to the list of persons and entities subject to restrictive measures set out in the Annex to Decision 2013/184/CFSP.

(3)

In order to avoid unintended consequences of the designation of one of those entities, Decision (CFSP) 2022/243 introduced in Decision 2013/184/CFSP a new derogation in respect of the freezing of assets and prohibition to make funds or economic resources available to that entity. That derogation will allow for Union operators to carry out the decommissioning of oil and gas wells in accordance with international standards and to terminate contracts with that entity.

(4)

Regulation (EU) No 401/2013 should therefore be amended accordingly.

(5)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

In Regulation (EU) No 401/2013, the following article is inserted:

‘Article 4db

By way of derogation from Article 4a, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed in entry 10 in Annex IV, or the making available of certain funds or economic resources to that entity, under such conditions as the competent authorities deem appropriate, after having determined that such funds or economic resources are necessary for:

(a)

tasks related to the decommissioning of oil and gas wells in accordance with international standards, such as waste disposal, site remediation activities required for safety and environmental restoration, the provision of related technical assistance, and the payment of related taxes and duties, as well as salaries and social benefits to employees; or

(b)

the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts concluded with the entity listed in entry 10 in Annex IV before 21 February 2022.’.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)  See page 28 of this Official Journal.

(2)  Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, p. 1).

(3)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma (OJ L 111, 23.4.2013, p. 75).


21.2.2022   

EN

Official Journal of the European Union

L 40/10


COUNCIL IMPLEMENTING REGULATION (EU) 2022/239

of 21 February 2022

implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008 (1), and in particular Article 4i thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 2 May 2013 the Council adopted Regulation (EU) No 401/2013.

(2)

On 1 February 2022, one year after the military coup in Myanmar/Burma, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union condemning the coup and the grave human rights violations by the Myanmar Armed Forces (Tatmadaw), and called for full accountability of the leaders responsible for the coup, as well as of the perpetrators of violence and human rights violations. In the absence of any swift progress in the situation in Myanmar/Burma, the Union expressed readiness to adopt further restrictive measures against those responsible for undermining democracy and for the serious human rights violations in Myanmar/Burma.

(3)

In view of the continuing grave situation in Myanmar/Burma, 22 persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex IV to Regulation (EU) No 401/2013.

(4)

Regulation (EU) No 401/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 121, 3.5.2013, p. 1.


ANNEX

Annex IV to Regulation (EU) No 401/2013 is amended as follows:

(1)

The following entries are added in the list headed ‘A. Natural persons referred to in Article 4a’:

 

Name

Identifying information

Reasons

Date of listing

‘44.

Aung Naing Oo

Nationality: Myanmar/Burma;

Date of birth: 13 October 1962;

Place of birth: Kyaukse, Mandalay, Myanmar/Burma;

Gender: male;

Address: L 103, Kenyeikthar Lane 6, FMI city, Yangon, Myanmar/Burma;

Passport number: DM002656

National ID: 7/PaKhaNa (Naing) 13345

Aung Naing Oo has been the Minister for Investment and Foreign Economic Relations since 2 February 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister for Investment and Foreign Economic Relations, he is in charge of facilitating business and investments in Myanmar/Burma and therefore contributes to securing the financial needs of the military regime. In his statements and acts, he has publicly supported the coup and the military regime, including by stating that the international media exaggerated the crisis and also insisting that the civil disobedience movement is coming to an end. Additionally, he barred executives of foreign telecommunications firms from leaving the country without permission and dismissed protesting civil servants from the Ministry in February 2021. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

45.

Charlie Than

Nationality: Myanmar/Burma;

Date of birth: 1950;

Gender: male;

Address: Room No (23), Building No (25), Palm Village Villa, Yankin Yanshin Street, Yangon, Myanmar/Burma

Charlie Than has been the Minister of Industry since 22 May 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

In his statements and acts, he has publicly supported the coup and the military regime. As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Industry, he has control over State-owned factories and thus contributes to securing the financial needs of the military regime. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

46.

Thet Thet Khine

Nationality: Myanmar/Burma;

Date of birth: 19 August 1967;

Place of birth: Mogok, Myanmar/Burma;

Gender: female

Address:127A Dhamazadei Road, Kamayut, Yangon, Myanmar/Burma;

Passport number: MB132403 (Myanmar/Burma) issued 7 May 2015 expires 6 May 2020;

National ID: 9MAKANAN034200

Thet Thet Khine has been the Minister of Social Welfare, Relief and Resettlement since 4 February 2021. She was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

As Government Minister, she forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. In her statements and acts, she has publicly supported the coup and the military regime, including her statement that the military staged the coup in response to an electoral fraud. Additionally, she dismissed that the military committed genocide against the Rohingya population. Therefore, she is engaged in and provides support to actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

47.

Maung Maung Ohn (a.k.a. U Maung Maung Ohn)

Nationality: Myanmar/Burma;

Gender: male

Maung Maung Ohn has been the Minister of Information since 1 August 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021. He was previously Minister of Hotels and Tourism, having been appointed on 7 February 2021.

As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Information, he has control over the State-owned media (MWD, MRTV, Myanmar Alin, Kyemon and Global New Light of Myanmar newspapers and the Myanmar News Agency (MNA) and Myanmar Digital News), and thus controls the broadcast and publication of official news. He has continued and further strengthened the repressive policies following the military coup, notably by amending the Television and Radio Broadcasting Law, imposing additional restrictions on the freedom of expression and press freedom, including by restricting internet access, criminalising journalism and imprisoning journalists. Additionally, he instructed the members of the Myanmar Media Council, an independent body, to implement the government’s objectives.

Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

48.

Shwe Kyein (a.k.a. U Shwe Kyein)

Nationality: Myanmar/Burma;

Gender: male

Shwe Kyein has been a member of the State Administrative Council (SAC) since 30 March 2021.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar/Burma by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services, Senior General Min Aung Hlaing. On 2 February 2021 the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As a member of the SAC, U Shwe Kyein has been directly involved in and responsible for decision-making concerning State functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly.

The military forces and authorities operating under the control of the SAC have continuously committed serious human rights violations since 1 February 2021, by killing civilian and unarmed protestors, displacing hundreds of thousands of people, burning, torturing and killing civilians and denying equal access to humanitarian aid. The military forces and authorities operating under the control of the SAC have restricted freedom of assembly and of expression by blocking internet access, and through arbitrary arrests, detentions and convictions of opposition leaders and opponents of the coup. Furthermore, the SAC has imposed martial law in parts of the country allowing the military to exercise full authority over the specified area, including administrative, judicial and law-enforcement functions. In the areas under martial law, civilians, including journalists and peaceful protesters, are prosecuted by military courts, deprived of the right to due process, including the right of appeal. Violent actions by military and police forces threatening peace, security and stability have increased significantly in areas where martial law has been declared.

As a member of the SAC, U Shwe Kyein is directly responsible for those repressive decisions and for serious human rights violations.

21.2.2022

49.

Aung Moe Myint (a.k.a. U Aung Moe Myint)

Nationality: Myanmar/Burma;

Gender: male

Aung Moe Myint was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, Aung Moe Myint has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

50.

Than Tun (a.k.a. U Than Tun)

Nationality: Myanmar/Burma;

Gender: male

Than Tun was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Tun has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

51.

Aung Lwin Oo (a.k.a. U Aung Lwin OO)

Nationality: Myanmar/Burma;

Gender: male

Aung Lwin Oo was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Lwin Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

52.

Aung Saw Win (a.k.a U Aung Saw Win)

Nationality: Myanmar/Burma;

Gender: male

Aung Saw Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1st February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Saw Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

53.

Than Win

Nationality: Myanmar/Burma;

Gender: male

Than Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Than Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

54.

Saw Ba Hline (a.k.a U Saw Ba Hline)

Nationality: Myanmar/Burma;

Gender: male

Saw Ba Hline was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Saw Ba Hline has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

55.

Soe Oo (a.k.a. U Soe OO)

Nationality: Myanmar/Burma;

Gender: male

Soe Oo was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Soe Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

56.

Than Soe (a.k.a U Than Soe)

Nationality: Myanmar/Burma;

Gender: male

Than Soe was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Soe has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

57.

Bran Shaung (a.k.a U Bran Shaung)

Nationality: Myanmar/Burma

Gender: male

Bran Shaung was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Bran Shaung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

58.

Myint Oo (a.k.a. U Myint Oo)

Nationality: Myanmar/Burma;

Gender: male

Myint Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

59.

Khin Maung Oo (a.k.a U Khin Maung Oo)

Nationality: Myanmar/Burma;

Gender: male

Khin Maung Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Khin Maung Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

60.

Nu Mya Zan (a.k.a Daw Nu Mya Zan)

Nationality: Myanmar/Burma;

Gender: female

Nu Mya Zan was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through her actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Nu Mya Zan has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

61.

Myint Thein (a.k.a U Myint Thein)

Nationality: Myanmar/Burma;

Gender: male

Myint Thein was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Thein has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

62.

Ba Maung (a.k.a. Dr Ba Maung)

Nationality: Myanmar/Burma;

Gender: male

Ba Maung has been nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Ba Maung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

63.

Tayza Kyaw (a.k.a. U Tayza Kyaw)

Nationality: Myanmar/Burma;

Gender: male

U Tayza Kyaw is a member of the Myanmar Armed Forces (Tatmadaw) and occupies various high-ranking positions, including Commander of the Northern Command and Commander of the Bureau of Special Operations No. 1 (BSO 1).

Prior to the coup of 1 February 2021, U Tayza Kyaw oversaw military operations in Kachin State, characterised by excessive use of force against ethnic minority groups and indiscriminate violence leading to the violation of civilians’ rights and their forced displacement.

Since February 2021, U Tayza Kyaw has overseen the BSO 1, which has led several large-scale military operations in close cooperation with U Than Hlaing, whose responsibility for perpetrating excessive violence and human rights violations has been established. The preparation and subsequent launch of the ‘clearance operations’ in the Sagaing and Magwe regions, within the purview of the BSO 1, displayed particularly excessive use of force as well as gender-based violence. He is therefore responsible for serious human rights violations in Myanmar/Burma as well as for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

64.

Ni Lin Aung

Nationality: Myanmar/Burma;

Gender: male

Brigadier General Ni Lin Aung is the Commander of the Eastern Command of the Myanmar Armed Forces (Tatmadaw). Part of the jurisdiction of the Eastern Command is the State of Kayah. In an attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as Commander of the Eastern Command, Brig. General Ni Lin Aung directly commands the units in the State of Kayah, including those responsible for that massacre. Brig. General Ni Lin Aung is therefore responsible for serious human rights violations and engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

65.

Aung Zaw Aye

Nationality: Myanmar/Burma;

Gender: male

Lieutenant General Aung Zaw Aye is Commander of the Bureau of Special Operations No. 2 of the Myanmar Armed Forces (Tatmadaw).

In a military attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as commander of the Bureau of Special Operations 2, Lt. Gen. Aung Zaw Aye is in command of the Eastern Command, which directly commands the military units active in the State of Kayah, including those responsible for that massacre. Lt. Gen. Aung Zaw Aye is therefore responsible for serious human rights violations and for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022’

(2)

The following entries are added to the list headed ‘B. Legal persons, entities and bodies referred to in Article 4a’:

 

Name

Identifying information

Reasons

Date of listing

‘7.

Htoo Group of Companies

Address: 5 Pyay Roas, Hlaing Township, Yangon, Myanmar/Burma;

Type of entity: holding company;

Place of registration: Myanmar/Burma;

Phone number: +95 1 500344 / +95 1 500355;

Website: https://htoo.com/

Htoo Group of Companies is a private conglomerate founded and chaired by U Tay Za, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). Its activities include trading, banking, mining, tourism and aviation.

Htoo Group of Companies provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. Additionally, Htoo Group of Companies has acted as an intermediary for the provision of military equipment which was used against civilian populations protesting against the 1 February coup, all across the country and in particular in areas with ethnic minorities. By contributing to the military’s capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma, Htoo Group of Companies provided support to the Tatmadaw, and engaged in actions that threaten the peace, security or stability of Myanmar/Burma.

21.2.2022

8.

International Group of Entrepreneurs (IGE) Company Limited

Address: No. 36-G, 37-F, level-20, Office Tower (2), Time City, Corner of Kyun taw Street and Hantharwaddy Road, (7), Quarter, Kamayut Township, Yangon, Myanmar/Burma 110401;

Type of entity: private enterprise;

Place of registration: Myanmar/Burma;

Phone number: +95775111112;

Website: www.ige.com.mm

International Group of Entrepreneurs (IGE) Company Limited is a private conglomerate founded and chaired by U Nay Aung, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). IGE is active in key infrastructure industries such as telecommunication and energy, as well as in the agriculture and hospitality fields.

IGE provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. IGE has also provided the Tatmadaw with indirect financial support by taking financial participations in several projects and companies linked to the Tatmadaw and its conglomerates. Therefore, it provides support to and benefits from the Tatmadaw.

21.2.2022

9.

No. 1 Mining Enterprise (ME1)

Address: Bu Tar Street, Forest Street, Corner of Yone Gyi Quarter, Monywa, Sagaing Region, Myanmar/Burma;

Type of entity: State-owned enterprise;

Place of registration: Myanmar/Burma;

Phone number: 09-071-21168

No. 1 Mining Enterprise (ME 1) is a State-owned enterprise (SOE) operating under the Ministry of Natural Resources and Environmental Conservation (MONREC) that also acts as the regulator for the sector of non-ferrous metal production and marketing. As such, the SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with ME 1.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from SOEs, including No. 1 Mining Enterprise. No. 1 Mining Enterprise is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law.

Moreover, No. 1 Mining Enterprise has taken part and/or overseen various projects linked to violence by the Tatmadaw against civilian populations and violation of their most basic rights, including through land confiscation and forced relocation. No. 1 Mining Enterprise is therefore responsible for supporting actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

10.

Myanma Oil and Gas Enterprise

Address: Ministry of Electricity and Energy, Building No.(6), Nay Pyi Taw, Myanmar/Burma;

Type of entity: State-owned enterprise;

Place of registration: Myanmar/Burma;

Phone number: +95-67-3 411 055;

Website: http://www.moee.gov.mm/en/ignite/page/40

The Myanma Oil and Gas Enterprise (MOGE), a State-owned enterprise (SOE), is the oil operator, service provider and regulator of the oil and gas sector. It oversees oil and gas exploration and production, domestic gas transmission and the distribution of petroleum products. The SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with MOGE.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the SAC appointed new ministers, including a minister of Electricity and Energy. The Ministry of Electricity and Energy (MEE) has oversight of MOGE. Through the SAC and the new cabinet, the military regime acquired control over and benefits from State-owned enterprises, including MOGE.

MOGE is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022’


DECISIONS

21.2.2022   

EN

Official Journal of the European Union

L 40/21


COUNCIL DECISION (CFSP) 2022/240

of 21 February 2022

amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 20 September 2016 the Council adopted Decision (CFSP) 2016/1693 (1).

(2)

In view of the continued threat posed by ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them, two persons and two groups should be added to the list of persons, groups, undertakings and entities set out in the Annex to Decision (CFSP) 2016/1693.

(3)

Decision (CFSP) 2016/1693 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2016/1693 is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)  Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (OJ L 255, 21.9.2016, p. 25).


ANNEX

The Annex to Decision (CFSP) 2016/1693 is amended as follows:

(1)

the heading ‘A. Persons’ is replaced by:

‘A.

Persons referred to in Articles 2 and 3’;

(2)

the following persons are added:

‘8.

Osama MAHMOOD (a.k.a. Ustadh Usama Mahmood, Ousama Mahmood); nationality: Pakistani (presumed).

9.

Sultan Aziz AZAM (a.k.a. Aziz Azam, Sultan Aziz, Sultan Azziz Azzam, Sultan Aziz Ezzam); date of birth: 1985; place of birth: Afghanistan; nationality: Afghan.’;

(3)

the following heading and entries are added:

‘B.

Groups, undertakings and entities referred to in Article 3

1.

Al-Qaeda in the Indian Subcontinent (AQIS) (a.k.a. Al-Qa’ida in the Indian Subcontinent, Qaedat al-Jihad in the Indian Subcontinent).

2.

Da’esh – Hind Province (a.k.a. Wilayah of Hind, Islamic State’s Hind Province (ISHP), IS-Wilayat al-Hind, Da’esh – Wilayat al-Hind).’.


21.2.2022   

EN

Official Journal of the European Union

L 40/23


COUNCIL DECISION (CFSP) 2022/241

of 21 February 2022

amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 17 March 2014, the Council adopted Decision 2014/145/CFSP (1).

(2)

The European Union does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and therefore does not recognise the so-called elections held in the illegally annexed Crimean peninsula.

(3)

Following the organisation, by the Russian Federation, of so-called elections for the State Duma in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol in September 2021, the Council considers that five individuals should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP for their role in undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

(4)

The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)  Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).


ANNEX

The following persons are added to the list of persons, entities and bodies set out in the Annex to Decision 2014/145/CFSP:

 

Name

Identifying information

Reasons

Date of listing

‘204.

Aleksei Yurievich CHERNIAK

(Алексей Юрьевич ЧЕРНЯК)

Gender: Male

DOB: 27.8.1973

POB: Alma-Ata, Kazakh SSR (now Kazakhstan)

Nationality: Russian

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed ‘Autonomous Republic of Crimea’ in the so-called ‘Simferopol constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, he has worked for further integration of the so-called ‘Republic of Crimea’ into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

205.

Leonid Ivanovich BABASHOV

(Леонид Иванович БАБАШОВ)

Gender: Male

DOB: 31.1.1966

POB: Petrovka, Crimea Oblast, Ukrainian SSR (now Ukraine)

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed ‘Autonomous Republic of Crimea’ in the so-called ‘Yevpatoria constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, he has worked for further integration of the so-called ‘Republic of Crimea’ into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

206.

Tatiana Georgievna LOBACH

(Татьяна Георгиевна ЛОБАЧ)

Gender: Female

DOB: 8.1.1974

POB: Khmelnytskyi, Ukrainian SSR (now Ukraine)

Member of the State Duma of the Russian Federation since 19 September 2021. Elected from the illegally annexed City of Sevastopol in the so-called ‘Sevastopol constituency’.

Member of the ruling United Russia party.

In taking on and acting in this capacity, she has worked for further integration of the illegally annexed City of Sevastopol into the Russian Federation and thereby actively supported actions and implemented policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

21.2.2022

207.

Nina Sergeevna FAUSTOVA

(Нина Сергеевна ФАУСТОВА)

Gender: Female

DOB: 11.7.1983

POB: Kyzyl, Republic of Tuva, Russian SFSR (now Russian Federation)

Head of the Sevastopol electoral commission, which took part in the organisation of the so-called elections in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol held in September 2021.

In taking on and acting in this capacity, she actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

21.2.2022

208.

Aleksandr Evgenevich CHMYHALOV

(Александр Евгеньевич ЧМЫХАЛОВ)

Gender: Male

DOB: 13.6.1990

Deputy Head of the Sevastopol electoral commission, which took part in the organisation of the so-called elections in the illegally annexed ‘Autonomous Republic of Crimea’ and City of Sevastopol held in September 2021.

Member of the ruling ‘United Russia’ party.

In taking on and acting in this capacity, he actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

21.2.2022’.


21.2.2022   

EN

Official Journal of the European Union

L 40/26


COUNCIL IMPLEMENTING DECISION (CFSP) 2022/242

of 21 February 2022

implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 1 August 2011, Mr Mohammed Makhlouf was added to the list of persons and entities subject to restrictive measures pursuant to Council Implementing Decision 2011/488/CFSP (2).

(2)

Pursuant to Decision 2013/255/CFSP, Mr Mohammed Makhlouf was maintained on the list of persons and entities subject to restrictive measures.

(3)

On 12 September 2020, Mr Mohammed Makhlouf passed away. Since his heirs are all members of the Makhlouf family, there is an inherent risk that the inherited assets will be used to support the activities of the Syrian regime and will flow directly into the regime’s possession, potentially contributing to the regime’s violent repression of the civilian population.

(4)

In view of the gravity of the situation in Syria, and considering the above, five additional members of the Makhlouf family should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.

(5)

Decision 2013/255/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 147, 1.6.2013, p. 14.

(2)  Council Implementing Decision 2011/488/CFSP of 1 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ L 199, 2.8.2011, p. 74).


ANNEX

The following entries are added to the list set out in Section A (Persons) of Annex I to Decision 2013/255/CFSP:

 

Name

Identifying information

Reasons

Date of listing

‘318.

Hala Tarif ALMAGHOUT

هلا طريف الماغوط

Gender: Female

DOB: 30.6.1980 or 30.7.1980.

Widow of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

319.

Ghada Adib MHANNA

غاده أديب مهنا

Gender: Female

DOB: 22.5.1948

Widow of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

320.

Shalaa Mohammed MAKHLOUF

شهلاء محمد مخلوف

Gender: Female

DOB: 22.3.1967

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

321.

Kinda Mohammed MAKHLOUF

كندا محمد مخلوف

Gender: Female

DOB: 25.9.1977

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022

322.

Sara Mohammed MAKHLOUF

ساره محمد مخلوف

Gender: Female

DOB: 27.8.1984

Daughter of Mohammed Makhlouf. Member of the Makhlouf family.

21.2.2022’


21.2.2022   

EN

Official Journal of the European Union

L 40/28


COUNCIL DECISION (CFSP) 2022/243

of 21 February 2022

amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 22 April 2013 the Council adopted Decision 2013/184/CFSP (1).

(2)

On 1 February 2022, one year after the military coup in Myanmar/Burma, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union condemning the coup and the grave human rights violations by the Myanmar Armed Forces (Tatmadaw), and called for full accountability of the leaders responsible for the coup, as well as of the perpetrators of violence and human rights violations. In the absence of any swift progress in the situation in Myanmar/Burma, the Union expressed readiness to adopt further restrictive measures against those responsible for undermining democracy and for the serious human rights violations in Myanmar/Burma.

(3)

In view of the continuing grave situation in Myanmar/Burma, 22 persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2013/184/CFSP.

(4)

In order to avoid unintended consequences of the designation of one of those entities, a derogation should be introduced in respect of the freezing of funds and the prohibition to make funds or economic resources available to that entity, in order to allow for Union operators to carry out the decommissioning of oil and gas wells in accordance with international standards and to terminate contracts with that entity.

(5)

Decision 2013/184/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/184/CFSP is amended as follows:

(1)

the following article is inserted:

‘Article 6b

By way of derogation from Article 6 (1) and (2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed in entry 10 in the Annex, or the making available of certain funds or economic resources to that entity, under such conditions as the competent authorities deem appropriate, after having determined that such funds or economic resources are necessary for:

(a)

tasks related to the decommissioning of oil and gas wells in accordance with international standards, such as waste disposal, site remediation activities required for safety and environmental restoration, the provision of related technical assistance, and the payment of related taxes and duties, as well as salaries and social benefits to employees; or

(b)

the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts concluded with the entity listed in entry 10 in the Annex before 21 February 2022.’;

(2)

the Annex is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 21 February 2022.

For the Council

The President

J. BORRELL FONTELLES


(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma (OJ L 111, 23.4.2013, p. 75).


ANNEX

The Annex to Decision 2013/184/CFSP is amended as follows:

(1)

The following entries are added to the list headed ‘A. Natural persons referred to in Articles 5 (1) and 6 (1)’:

 

Name

Identifying information

Reasons

Date of listing

‘44.

Aung Naing Oo

Nationality: Myanmar/Burma;

Date of birth: 13 October 1962;

Place of birth: Kyaukse, Mandalay, Myanmar/Burma;

Gender: male;

Address: L 103, Kenyeikthar Lane 6, FMI city, Yangon, Myanmar/Burma;

Passport number: DM002656

National ID: 7/PaKhaNa (Naing) 13345

Aung Naing Oo has been the Minister for Investment and Foreign Economic Relations since 2 February 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister for Investment and Foreign Economic Relations, he is in charge of facilitating business and investments in Myanmar/Burma and therefore contributes to securing the financial needs of the military regime. In his statements and acts, he has publicly supported the coup and the military regime, including by stating that the international media exaggerated the crisis and also insisting that the civil disobedience movement is coming to an end. Additionally, he barred executives of foreign telecommunications firms from leaving the country without permission and dismissed protesting civil servants from the Ministry in February 2021. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

45.

Charlie Than

Nationality: Myanmar/Burma;

Date of birth: 1950;

Gender: male;

Address: Room No (23), Building No (25), Palm Village Villa, Yankin Yanshin Street, Yangon, Myanmar/Burma

Charlie Than has been the Minister of Industry since 22 May 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

In his statements and acts, he has publicly supported the coup and the military regime. As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Industry, he has control over State-owned factories and thus contributes to securing the financial needs of the military regime. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

46.

Thet Thet Khine

Nationality: Myanmar/Burma;

Date of birth: 19 August 1967;

Place of birth: Mogok, Myanmar/Burma;

Gender: female

Address:127A Dhamazadei Road, Kamayut, Yangon, Myanmar/Burma;

Passport number: MB132403 (Myanmar/Burma) issued 7 May 2015 expires 6 May 2020;

National ID: 9MAKANAN034200

Thet Thet Khine has been the Minister of Social Welfare, Relief and Resettlement since 4 February 2021. She was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.

As Government Minister, she forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. In her statements and acts, she has publicly supported the coup and the military regime, including her statement that the military staged the coup in response to an electoral fraud. Additionally, she dismissed that the military committed genocide against the Rohingya population. Therefore, she is engaged in and provides support to actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

47.

Maung Maung Ohn (a.k.a. U Maung Maung Ohn)

Nationality: Myanmar/Burma;

Gender: male

Maung Maung Ohn has been the Minister of Information since 1 August 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021. He was previously Minister of Hotels and Tourism, having been appointed on 7 February 2021.

As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Information, he has control over the State-owned media (MWD, MRTV, Myanmar Alin, Kyemon and Global New Light of Myanmar newspapers and the Myanmar News Agency (MNA) and Myanmar Digital News), and thus controls the broadcast and publication of official news. He has continued and further strengthened the repressive policies following the military coup, notably by amending the Television and Radio Broadcasting Law, imposing additional restrictions on the freedom of expression and press freedom, including by restricting internet access, criminalising journalism and imprisoning journalists. Additionally, he instructed the members of the Myanmar Media Council, an independent body, to implement the government’s objectives.

Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

48.

Shwe Kyein (a.k.a. U Shwe Kyein)

Nationality: Myanmar/Burma;

Gender: male

Shwe Kyein has been a member of the State Administrative Council (SAC) since 30 March 2021.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar/Burma by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services, Senior General Min Aung Hlaing. On 2 February 2021 the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As a member of the SAC, U Shwe Kyein has been directly involved in and responsible for decision-making concerning State functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly.

The military forces and authorities operating under the control of the SAC have continuously committed serious human rights violations since 1 February 2021, by killing civilian and unarmed protestors, displacing hundreds of thousands of people, burning, torturing and killing civilians and denying equal access to humanitarian aid. The military forces and authorities operating under the control of the SAC have restricted freedom of assembly and of expression by blocking internet access, and through arbitrary arrests, detentions and convictions of opposition leaders and opponents of the coup. Furthermore, the SAC has imposed martial law in parts of the country allowing the military to exercise full authority over the specified area, including administrative, judicial and law-enforcement functions. In the areas under martial law, civilians, including journalists and peaceful protesters, are prosecuted by military courts, deprived of the right to due process, including the right of appeal. Violent actions by military and police forces threatening peace, security and stability have increased significantly in areas where martial law has been declared.

As a member of the SAC, U Shwe Kyein is directly responsible for those repressive decisions and for serious human rights violations.

21.2.2022

49.

Aung Moe Myint (a.k.a. U Aung Moe Myint)

Nationality: Myanmar/Burma;

Gender: male

Aung Moe Myint was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, Aung Moe Myint has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

50.

Than Tun (a.k.a. U Than Tun)

Nationality: Myanmar/Burma;

Gender: male

Than Tun was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Tun has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

51.

Aung Lwin Oo (a.k.a. U Aung Lwin OO)

Nationality: Myanmar/Burma;

Gender: male

Aung Lwin Oo was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Lwin Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

52.

Aung Saw Win (a.k.a U Aung Saw Win)

Nationality: Myanmar/Burma;

Gender: male

Aung Saw Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1st February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Saw Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

53.

Than Win

Nationality: Myanmar/Burma;

Gender: male

Than Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Than Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

54.

Saw Ba Hline (a.k.a U Saw Ba Hline)

Nationality: Myanmar/Burma;

Gender: male

Saw Ba Hline was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Saw Ba Hline has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

55.

Soe Oo (a.k.a. U Soe OO)

Nationality: Myanmar/Burma;

Gender: male

Soe Oo was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Soe Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

56.

Than Soe (a.k.a U Than Soe)

Nationality: Myanmar/Burma;

Gender: male

Than Soe was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Soe has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

57.

Bran Shaung (a.k.a U Bran Shaung)

Nationality: Myanmar/Burma

Gender: male

Bran Shaung was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Bran Shaung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

58.

Myint Oo (a.k.a. U Myint Oo)

Nationality: Myanmar/Burma;

Gender: male

Myint Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

59.

Khin Maung Oo (a.k.a U Khin Maung Oo)

Nationality: Myanmar/Burma;

Gender: male

Khin Maung Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Khin Maung Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

60.

Nu Mya Zan (a.k.a Daw Nu Mya Zan)

Nationality: Myanmar/Burma;

Gender: female

Nu Mya Zan was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through her actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Nu Mya Zan has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

61.

Myint Thein (a.k.a U Myint Thein)

Nationality: Myanmar/Burma;

Gender: male

Myint Thein was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Thein has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

62.

Ba Maung (a.k.a. Dr Ba Maung)

Nationality: Myanmar/Burma;

Gender: male

Ba Maung has been nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Ba Maung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022

63.

Tayza Kyaw (a.k.a. U Tayza Kyaw)

Nationality: Myanmar/Burma;

Gender: male

U Tayza Kyaw is a member of the Myanmar Armed Forces (Tatmadaw) and occupies various high-ranking positions, including Commander of the Northern Command and Commander of the Bureau of Special Operations No. 1 (BSO 1).

Prior to the coup of 1 February 2021, U Tayza Kyaw oversaw military operations in Kachin State, characterised by excessive use of force against ethnic minority groups and indiscriminate violence leading to the violation of civilians’ rights and their forced displacement.

Since February 2021, U Tayza Kyaw has overseen the BSO 1, which has led several large-scale military operations in close cooperation with U Than Hlaing, whose responsibility for perpetrating excessive violence and human rights violations has been established. The preparation and subsequent launch of the ‘clearance operations’ in the Sagaing and Magwe regions, within the purview of the BSO 1, displayed particularly excessive use of force as well as gender-based violence. He is therefore responsible for serious human rights violations in Myanmar/Burma as well as for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

64.

Ni Lin Aung

Nationality: Myanmar/Burma;

Gender: male

Brigadier General Ni Lin Aung is the Commander of the Eastern Command of the Myanmar Armed Forces (Tatmadaw). Part of the jurisdiction of the Eastern Command is the State of Kayah. In an attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as Commander of the Eastern Command, Brig. General Ni Lin Aung directly commands the units in the State of Kayah, including those responsible for that massacre. Brig. General Ni Lin Aung is therefore responsible for serious human rights violations and engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

65.

Aung Zaw Aye

Nationality: Myanmar/Burma;

Gender: male

Lieutenant General Aung Zaw Aye is Commander of the Bureau of Special Operations No. 2 of the Myanmar Armed Forces (Tatmadaw).

In a military attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as commander of the Bureau of Special Operations 2, Lt. Gen. Aung Zaw Aye is in command of the Eastern Command, which directly commands the military units active in the State of Kayah, including those responsible for that massacre. Lt. Gen. Aung Zaw Aye is therefore responsible for serious human rights violations and for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022’

(2)

The following entries are added to the list headed ‘B. Legal persons, entities and bodies referred to in Article 6(1)’:

 

Name

Identifying information

Reasons

Date of listing

‘7.

Htoo Group of Companies

Address: 5 Pyay Roas, Hlaing Township, Yangon, Myanmar/Burma;

Type of entity: holding company;

Place of registration: Myanmar/Burma;

Phone number: +95 1 500344 / +95 1 500355;

Website: https://htoo.com/

Htoo Group of Companies is a private conglomerate founded and chaired by U Tay Za, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). Its activities include trading, banking, mining, tourism and aviation.

Htoo Group of Companies provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. Additionally, Htoo Group of Companies has acted as an intermediary for the provision of military equipment which was used against civilian populations protesting against the 1 February coup, all across the country and in particular in areas with ethnic minorities. By contributing to the military’s capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma, Htoo Group of Companies provided support to the Tatmadaw, and engaged in actions that threaten the peace, security or stability of Myanmar/Burma.

21.2.2022

8.

International Group of Entrepreneurs (IGE) Company Limited

Address: No. 36-G, 37-F, level-20, Office Tower (2), Time City, Corner of Kyun taw Street and Hantharwaddy Road, (7), Quarter, Kamayut Township, Yangon, Myanmar/Burma 110401;

Type of entity: private enterprise;

Place of registration: Myanmar/Burma;

Phone number: +95775111112;

Website: www.ige.com.mm

International Group of Entrepreneurs (IGE) Company Limited is a private conglomerate founded and chaired by U Nay Aung, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). IGE is active in key infrastructure industries such as telecommunication and energy, as well as in the agriculture and hospitality fields.

IGE provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. IGE has also provided the Tatmadaw with indirect financial support by taking financial participations in several projects and companies linked to the Tatmadaw and its conglomerates. Therefore, it provides support to and benefits from the Tatmadaw.

21.2.2022

9.

No. 1 Mining Enterprise (ME1)

Address: Bu Tar Street, Forest Street, Corner of Yone Gyi Quarter, Monywa, Sagaing Region, Myanmar/Burma;

Type of entity: State-owned enterprise;

Place of registration: Myanmar/Burma;

Phone number: 09-071-21168

No. 1 Mining Enterprise (ME 1) is a State-owned enterprise (SOE) operating under the Ministry of Natural Resources and Environmental Conservation (MONREC) that also acts as the regulator for the sector of non-ferrous metal production and marketing. As such, the SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with ME 1.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from SOEs, including No. 1 Mining Enterprise. No. 1 Mining Enterprise is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law.

Moreover, No. 1 Mining Enterprise has taken part and/or overseen various projects linked to violence by the Tatmadaw against civilian populations and violation of their most basic rights, including through land confiscation and forced relocation. No. 1 Mining Enterprise is therefore responsible for supporting actions that threaten the peace, security and stability of Myanmar/Burma.

21.2.2022

10.

Myanma Oil and Gas Enterprise

Address: Ministry of Electricity and Energy, Building No.(6), Nay Pyi Taw, Myanmar/Burma;

Type of entity: State-owned enterprise;

Place of registration: Myanmar/Burma;

Phone number: +95-67-3 411 055;

Website: http://www.moee.gov.mm/en/ignite/page/40

The Myanma Oil and Gas Enterprise (MOGE), a State-owned enterprise (SOE), is the oil operator, service provider and regulator of the oil and gas sector. It oversees oil and gas exploration and production, domestic gas transmission and the distribution of petroleum products. The SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with MOGE.

On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the SAC appointed new ministers, including a minister of Electricity and Energy. The Ministry of Electricity and Energy (MEE) has oversight of MOGE. Through the SAC and the new cabinet, the military regime acquired control over and benefits from State-owned enterprises, including MOGE.

MOGE is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma.

21.2.2022’