uk myanmar sanctions

Prohibitions in the Regulations on the provision of financial services and funds prohibit the direct or indirect provision of financial services, and the direct or indirect making available of funds, to persons connected with Myanmar in pursuance of or in connection with an arrangement set out in regulation 27(1). The UK's measures are being taken in tandem with Canada which announced action against the regime by imposing sanctions on nine Myanmar military officials. You can change your cookie settings at any time. LONDON - Britain announced sanctions against state-owned enterprise Myanmar Gems Enterprise (MGE) on Monday, saying the move would deprive the military junta there of a key source of funding. A licence may be granted for the provision of technical assistance, financial services or funds related to de-mining goods or technology if the technical assistance, financial services or funds relate to goods or technology for use in de-mining operations. Regulation 34(1) also prohibits the direct or indirect provision of technical assistance relating to dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar, for military use in Myanmar and provision of technical assistance relating to dual-use goods or dual-use technology to or for use by the Myanmar security forces. The UK has imposed sanctions on three Myanmar generals for human rights violations following this month's military coup in the country. Further detail on these trade prohibitions, including key terminology used, is explained below. This captures arrangements where the object or effect falls into one of the prohibitions, for example the export of goods or direct or indirect supply or delivery of goods. Prohibitions on the provision of technical assistance, financial services or funds relating to military goods or technology. Prohibitions on the export, making available, transfer, supply or delivery of military goods or technology. The concept of ‘export’ is set out in customs legislation, but is further detailed in Paragraph 32 of Schedule 1 to the Sanctions Act, which clarifies that “export” means export from the UK, but does not capture where goods are removed to the Isle of Man from the UK. It was ruled by the armed forces from 1962 until 2011, when a new government began ushering in a return to civilian rule. The term ‘transfer’ is defined in Paragraph 37 of Schedule 1 to the Sanctions Act, which states that it ‘means a transfer by any means (or combination of means), including oral communication and the transfer of goods on which the technology is recorded or from which it can be derived, other than the export of such goods.’. Don’t worry we won’t send you spam or share your email address with anyone. If a licence is granted it will be valid under both the Export Control Order 2008 and the Regulations. Britain and Canada on Thursday imposed sanctions on generals in Myanmar for human rights violations following the military takeover in the Southeast Asian country. A licence may be granted for the export, making available, transfer, supply or delivery of dual-use goods or technology if it relates to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary for the execution of such contracts. Such persons are excluded persons for the purposes of section 8B of the Immigration Act 1971. Schedule 4 to the Regulations sets out the purposes pursuant to which, or for which activities, OFSI may grant an individual licence. OFSI helps to ensure that financial sanctions are properly understood, implemented and enforced in the UK. In making decisions on whether to grant a licence to permit something which would otherwise be prohibited under part 5 of the Regulations, the Secretary of State will consider each application on a case-by-case basis to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations. A licence may be granted for the export, making available, transfer, supply or delivery of de-mining goods or technology if the goods or technology are for use in de-mining operations. The export prohibition in regulation 30 prohibits the export to Myanmar of dual-use goods for military use, the export of dual-use goods for military use in Myanmar and the export of dual-use goods to, or for use by, the Myanmar security forces. Regulation 21(4) sets out when a person is to be regarded as “connected with” Myanmar (and this applies where the term is used in other trade prohibitions in this Part of the Regulations). The US Department of the Treasury said its sanctions targeted Myanma Economic Holdings Public Company Ltd (MEHL) and Myanmar Economic Corporation Ltd (MEC). In response, Labour's shadow Foreign Office minister Stephen Kinnock called the latest sanctions on military officials a "step in the right direction". If you are the subject of an immigration sanction and try to travel to the UK, carriers are required to deny you boarding. You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted. The prohibitions and requirements imposed by the Regulations apply within the territory of the United Kingdom (UK) (including Northern Ireland) and in relation to the conduct of all UK persons wherever they are in the world. London said the commanders were targeted for their role “in the systematic and brutal violence against the Rohingya people and other ethnic minorities.” A licence under the Regulations is unlikely to be granted if an authorisation is refused for the same activity under the Dual-Use Regulation. Sanctions will be imposed on defence minister General Mya Tun Oo, home affairs minister Lt General Soe Htut and deputy home affairs minister Lt General Than Hlaing. The UK will also put in place new measures to prevent UK aid indirectly helping the military regime. The Regulations impose financial sanctions through a targeted asset freeze on designated persons and prohibitions on making funds or economic resources available. These sanctions are not directed at the people of Burma,” it said, using Myanmar’s former name. This document contains links to those key sources of sanctions guidance, which will be regularly maintained and updated on GOV.UK. London/Toronto [UK/Canada], May 18 (ANI): The United States, Britain and Canada on Monday announced additional sanctions on Myanmar's military in the latest punitive move following the continued oppression of citizens protesting February's coup. The Export Control Joint Unit sits within DIT and is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanctions, except those relating to imports which are administered by the DIT Import Licensing Branch and which are not relevant for the purposes of the Regulations. This exception does not apply to goods destined for Myanmar, meaning that a licence is required to transit goods through the UK or to tranship them in the UK with a … This means that all licence applications relating to military goods and military technology will also need to be considered against the strategic export licensing criteria. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. This means that only a single licence application is required. Prohibitions on the provision of technical assistance, financial services or funds relating to goods or technology which might be used for internal repression. Provisions on interception and monitoring services are set out in Regulation 37 and relate to the provision of such services to or for the benefit of the Government of Myanmar. The US sanctions target Myanmar Economic Holdings Public Company Ltd (MEHL) and Myanmar Economic Corporation Ltd (MEC), according to a notice posted on the US Treasury Department's website. Designated individuals will be refused leave to enter or remain in the UK. Please note that the export of and trade in dual-use goods and technology are also controlled under the Dual-Use Regulation so you will also need an authorisation (licence) which is valid under that law. In order to achieve the stated purposes, the Regulations impose a number of prohibitions and requirements. Prohibitions and requirements for the financial, trade, and immigration sanctions contained in the Regulations are set out below. More information on financial sanctions can be found in the OFSI guidance. The prohibitions apply to the direct or indirect provision of such technical assistance (1) to persons “connected with” Myanmar or (2) for use in Myanmar. OFSI works with other parts of government, supervisory bodies and regulators to consider all cases reported to it, sharing relevant information accordingly. A licence may be granted for the provision of technical assistance, financial services or funds related to military goods or technology if the technical assistance, financial services or funds relate to goods or technology which are intended solely for UK Government or UN institution-building programmes or crisis management operations. Article 17 of the Export Control Order 2008 includes a transit and transhipment exception meaning that in many situations a licence is not required. The UK has imposed sanctions on MEHL. The UK foreign secretary said the sanctions targeted Myanmar’s commander-in-chief, Senior General Min Aung Hlaing, and deputy commander-in chief, Vice Senior General Soe Win, over their involvement in “systematic and brutal violence against the Rohingya people and other ethnic minorities”. Russia spy chief suggests West behind cyber-attack. A licence may be granted for the provision of technical assistance, armed personnel, financial services or funds or brokering services relating to military activities of the Tatmadaw or any person acting on its behalf or under its direction or otherwise enabling and facilitating the conduct of armed hostilities if it amounts to training or cooperation aimed at strengthening democratic principles, the rule of law or respect for international law including international human rights law in Myanmar. Should encryption be curbed to combat child abuse? This means that, even if the person to whom you are providing the relevant technical assistance is not in or “connected with Myanmar”, the prohibition may still apply if the goods or technology to which the technical assistance relates are for use in Myanmar. A licence may be granted for the provision of technical assistance, financial services or funds related to dual-use goods or technology if the technical assistance, financial services or funds relate to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary for the execution of such contracts. Don’t include personal or financial information like your National Insurance number or credit card details. UK targets Myanmar army with new sanctions Foreign secretary announces sanctions against military-linked conglomerate Myanmar Economic Corporation. In some cases, offences related to contraventions of prohibitions in the Regulations are contained within other legislation, such as the Customs and Excise Management Act 1979 (CEMA). The sanctions are aimed at Burmese military officials with command responsibility for the Tatmadaw and Myanmar Police Force. The transfer of dual-use technology for military use to a place in Myanmar, to a person connected with Myanmar and the transfer of dual-use technology to the Myanmar security forces is also prohibited. Certain other services are prohibited in the Regulations. The military seized control on 1 February following a landside general election victory for the party of the country's elected leader, Aung San Suu Kyi. If you have obligations or responsibilities under Part 7 of the Regulations, it is important that you familiarise yourself with them. Prohibitions in the Regulations on the transfer of restricted technology include transfer to a place in Myanmar or a person “connected with” Myanmar. Enquiries for applications for certain items and services that are not processed on SPIRE can be made to tradesanctions@trade.gov.uk. A licence will not be granted for the provision of brokering services, technical assistance, financial services or funds related to interception and monitoring goods or technology if the technical assistance, financial services or funds relate to goods or technology that the Secretary of State has reasonable grounds to determine would be used for internal repression by the Government of Myanmar. The United States has imposed new sanctions on Myanmar’s administrative body and high-ranking officials. A licence will not be granted for the export, making available, transfer, supply or delivery of interception and monitoring goods or technology if the Secretary of State has reasonable grounds to determine that the goods or technology would be used for internal repression by the Government of Myanmar. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Are there circumstances when I can get an authorisation or licence for a sanctioned activity? If you are unsure whether an exception applies in your circumstances, you are advised to seek independent legal advice. When you export goods, you may need to submit an electronic export declaration via the National Export System (NES), part of Her Majesty’s Revenue and Customs’ (HMRC) Customs Handling of Import and Export Freight (CHIEF) system. You can check how to apply for a UK visa, and find further information about travelling to the UK on GOV.UK. Any breach of the trade sanctions prohibitions in the Regulations is triable either way and carries a maximum sentence on indictment of 10 years’ imprisonment or a fine (or both). This document is intended to be read alongside more detailed sanctions guidance published by departments including the Department for International Trade (DIT), Home Office and HM Treasury, through the Office of Financial Sanctions Implementation (OFSI). To help us improve GOV.UK, we’d like to know more about your visit today. Guidance is available on how to make an export declaration. For some prohibitions there are some specific activities which DIT considers are likely to be consistent with the aims of the sanctions. A licence may be granted for the provision of technical assistance, financial services or funds related to non-lethal military goods or technology if the technical assistance, financial services or funds relate to goods or technology which are intended solely for humanitarian or protective use. Provision of technical assistance, armed personnel, financial services or funds or brokering services relating to military activities or otherwise enabling or facilitating the conduct of armed hostilities. A licence under the Regulations is unlikely to be granted if a licence is refused for the same activity under the Export Control Order 2008. Accordingly, the prohibitions and requirements imposed by the Regulations apply to all companies established in any part of the UK, and they also apply to branches of UK companies operating overseas. The Regulations also prohibit the direct or indirect provision of financial services or funds in pursuance of or in connection with specific arrangements as set out in regulation 27(3) or regulation 35(4). Exporters should check the ultimate end use of goods and may apply for a licence or contact the Export Control Joint Unit (ECJU) if they know or think the items may be used in Myanmar. “For military use” is defined at regulation 29. The Regulations make it a criminal offence to contravene the trade and financial sanctions, as well as to enable or facilitate a contravention of, or to circumvent, any of the prohibitions in the Regulations. Please note that the export of and trade in military goods and military technology are also controlled under the Export Control Order 2008 and so you may also need a licence which is valid under that legislation. There has been no let up to the worst violence in years despite widespread calls for a ceasefire. These are set out in the table below. Any breach of the main financial prohibitions in the Regulations is an offence that is triable either way and carries a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both). UK sanctions Myanmar conglomerate, says junta sinking to new lows with killings. A licence may be granted for the provision of technical assistance, financial services or funds related to goods or technology that might be used for internal repression if the technical assistance, financial services or funds relate to goods or technology which are intended solely for UK Government or UN institution-building programmes or crisis management operations. Regulation 31 prohibits a person from directly or indirectly supplying or delivering dual-use goods for military use from a third country to a place in Myanmar and supplying or delivering dual-use goods from a third country to, or for use by, the Myanmar security forces. The state-owned Myanmar Gems Enterprise was hit with an asset freeze by the UK, while the US and Canada also took action against the military regime. The full definition of ‘funds’ can be found in Section 60 of the Sanctions Act. It said yesterday that Myanmar’s military-appointed State Administrative Council and 16 people, including some council members, will be subject to an asset freeze in the US. News Service 14:39 April 01, 2021 AA. This means that, even if the immediate destination is not Myanmar, the prohibition may still apply. There are circumstances (set out in the relevant lists of controlled items) in which certain items are not controlled, for example when body armour or a helmet is accompanying a person for that person’s own protection. The Regulations set out exceptions to some sanctions prohibitions which apply within certain defined circumstances. military goods and military technology (as specified in Schedule 2 to the Export Control Order 2008), dual-use goods and technology (as specified in Annex 1 to Council Regulation 428/2009 as retained by the European Union (Withdrawal) Act 2018 (the “Dual-Use Regulation”), goods and technology which might be used for internal repression in Myanmar (as specified in Schedule 2 to the Regulations), goods and technology which might be used for the monitoring and interception of telecommunications (as specified in Schedule 3 to the Regulations), provision of interception and monitoring services to or for the benefit of the Government of Myanmar, provision of technical assistance, armed personnel, financial services or funds or associated brokering services to or for the benefit of the Tatmadaw (or persons acting on its behalf or under its direction) where such provision relates to the military activities of the recipient, or otherwise enables or facilitates the conduct of armed hostilities, in Myanmar, technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or, any other technical service relating to the goods or technology, the selection or introduction of persons as parties or potential parties to the arrangement, the facilitation of anything that enables the arrangement to be entered into, and, the provision of any assistance that in any way promotes or facilitates the arrangement, freeze any assets you are holding for them, inform OFSI as soon as possible by either emailing, reasonable professional fees for or reasonable expenses associated with the provision of legal services, reasonable fees or service charges arising from the routine holding or maintenance of frozen funds or economic resources. A licence may be granted for the export, making available, transfer, supply or delivery of goods or technology that might be used for internal repression if the goods or technology are intended solely for UK Government or UN institution-building programmes or crisis management operations. “By designating MEC and MEHL, Treasury is targeting the Burmese military’s control of significant segments of the Burmese economy, which is a vital financial lifeline for the military junta,” said OFAC Director Andrea Gacki. Where restricted or dual-use technology is contained within a good, it would be classified as a restricted or dual-use good under the accompanying goods-related provisions. UK persons includes British nationals, as well as all bodies incorporated or constituted under the law of any part of the UK. Prohibitions on the provision of brokering services, technical assistance, financial services or funds relating to goods or technology might be used for the monitoring and interception of telecommunications. If the irregularity was found on an Export Control Joint Unit compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same. During a Commons debate the day after, Foreign Office Minister Nigel Adams had said the UK would work with international allies to "consider next steps in that regard". Video, Russia spy chief suggests West behind cyber-attack, 'Nervous, but excited' young Americans get the jab. Any breach of the licensing provisions is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both). Sign up to receive Notices to Exporters for updates on trade sanctions. Position: Commander of the 33rd Light Infantry Division division of the Myanmar … The Department for International Trade (DIT) has overall responsibility for trade sanctions licensing. Please check the relevant lists as applicable. "We, alongside our international allies, will hold the Myanmar military to account for their violations of human rights and pursue justice for the Myanmar people.". The way this will work in practice is that we will consider an application for a licence which relates to activities that are licensable under both the Regulations and the Export Control Order 2008 as an application for a licence under both pieces of legislation. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the onward export to Myanmar. The term “technical assistance” in relation to goods or technology is defined in regulation 21, which states that it means: Prohibitions apply where the technical assistance relates to restricted goods or technology. See Notice and press release. Provision of interception and monitoring services. VideoRussia spy chief suggests West behind cyber-attack, Six hospitals, three days and a Covid nightmare, Israel defends Gaza strategy as death toll mounts, 'Nervous, but excited' young Americans get the jab. How will these sanctions measures be enforced? 19 Burmese officials are now UK listed. Myanmar Protest Deaths Reach 320 as US, UK, Impose Sanctions Myanmar’s Assistance Association for Political Prisoners said its tally of 320 dead includes only documented cases, with the actual number of casualties "likely much higher" Published March 26, 2021 • Updated on March 26, 2021 at 3:09 pm The definition of ‘brokering services’ is set out in regulation 21, which states that it means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to): The Regulations prohibit the direct or indirect provision of brokering services where they relate to specific arrangements. UK Sanctions Myanmar Gems Enterprise in Bid to Cut off Junta Funding More FILE PHOTO: Britain's Foreign Secretary Dominic Raab walks outside Downing Street, in London, Britain, April 27, 2021. On February 18, the UK government announced the designation of three individuals under The Burma (Sanctions) (EU Exit) Regulations 2019 (Burma Regulations). If you import or export goods, you need to consider if financial sanctions apply to you. through a sale) include directly or indirectly making them available for use in Myanmar or to a “person connected with Myanmar”. Regulation 35 also prohibits the direct or indirect provision of financial services or funds to the Myanmar security forces in pursuance of or in connection with an arrangement set out at regulation 35(3). A licence may be granted for the provision of technical assistance, financial services or funds related to de-mining goods or technology if the technical assistance, financial services or funds relate to goods or technology which are for use in de-mining operations. We’ll send you a link to a feedback form. Fear and mourning as Israel-Gaza violence rages on, Biden's tax return shows steep fall in income, Russia spy chief suggests West behind cyber-attack. It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent any of the prohibitions in the Regulations or to enable or facilitate the contravention of those prohibitions. The BBC is not responsible for the content of external sites. This publication is available at https://www.gov.uk/government/publications/myanmar-sanctions-guidance/myanmar-sanctions-guidance. A licence may be granted for the export, making available, transfer, supply or delivery of goods or technology that might be used for internal repression if the goods or technology are intended solely for humanitarian or protective use. The Regulations impose trade prohibitions relating to: Technical guidance on interception and monitoring is available. Regulation 32 prohibits a person from directly or indirectly making available dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar or for military use in Myanmar, and also prohibits the direct or indirect making available of dual-use goods to or for use by the Myanmar security forces. Licensing and exception provisions are contained in Part 6 of the Regulations. AUNG, AungTitle: Brigadier General Nationality: Burmese Myanmar National Identification no: BC 23750 (military identification) Address: Mandalay. Authorisations under the Dual-Use Regulation are granted by the Secretary of State for International Trade under licensing powers in the Export Control Order 2008. This exception does not apply to goods destined for Myanmar, meaning that a licence is required to transit goods through the UK or to tranship them in the UK with a view to re-exportation to Myanmar. We use some essential cookies to make this website work. A licence may be granted for the export, making available, transfer, supply or delivery of non-lethal military goods or technology if the goods or technology are intended solely for UK Government or UN institution-building programmes or crisis management operations. This involves the freezing of funds and economic resources (non-monetary assets, such as property or vehicles) of designated persons and ensuring that funds and economic resources are not made available to or for the benefit of designated persons or entities, either directly or indirectly. Please have regard to the relevant legislation which contains full definitions of terms used herein. Or responsibilities under part 7 of the Open government licence v3.0 except where otherwise stated on designated persons prohibitions. Such offences of prohibitions and requirements imposed by the Secretary of State for International trade DIT! Purposes, the prohibition may still apply set by other sites to help us improve GOV.UK, ’... Foreign Secretary Dominic Raab said: `` the UK will also need to if! Sanctions can be found in Section 61 of the sanctions uk myanmar sanctions `` hold the military! A Victoria Cross, the prohibition may still apply sanctions guidance, which will be regularly maintained updated... Announces sanctions against military-linked conglomerate Myanmar Economic Corporation on three generals in Myanmar for human rights following. Regulation 29 the Regulations sets out the purposes of Section 8B of the sanctions Act, this document contains on., this document contains links to those key sources of sanctions guidance, which be. Which contains full definitions of terms used herein Suu Kyi and other political figures to comply with any those!: Brigadier General Nationality: Burmese Myanmar National Identification no: BC 23750 ( military Identification ):! 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