Background
In February 2021, the Council adopted conclusions condemning the military coup carried out in Myanmar. In this document, the Council called for a de-escalation of the crisis through an immediate end to the state of emergency and the restoration of the legitimate civilian government. On 25 July 2022, the High Representative issued a declaration on behalf of the EU denouncing the execution of pro-democracy and opposition leaders in the country. In the absence of any swift improvement in the situation, the EU expressed readiness to adopt further restrictive measures against all persons and entities responsible for undermining the rule of law and for human rights violations in the country.
Development
(a) What is the new development?
The new listings target 19 persons and one entity, including the Minister of Investment and Foreign Economic Relations Kan Zaw, the Chief Justice of the Supreme Court Htun Htun Oo, high-ranking members of the Myanmar Armed Forces (Tatmadaw) and Air Force, members of the Union Election Commission, as well as business representatives of private companies closely connected and providing support to the Tatmadaw. The State Administration Council is also included as it plays a central role in undermining democracy and the rule of law in Myanmar as well as in actions that threaten the peace, security and stability of the country.
Restrictive measures currently apply to a total of 84 individuals and 11 entities. Those designated are subject to an asset freeze and a travel ban, which prevents them from entering or transiting through EU territory. In addition, EU persons and entities are prohibited to make funds available to those listed.
Other EU restrictive measure will remain in place: the embargo on arms and equipment and export restrictions on equipment for monitoring communications which might be used for internal repression, the export ban on dual-use goods for use by the military and border guard police, and the prohibition of military training and cooperation with the Tatmadaw.
(b) What should companies do?
Companies should exercise caution and be aware of the risks of sanctions when doing business, directly or indirectly, in Myanmar. The designation of prominent government officials in Myanmar signifies that the risk of sanctions when conducting ordinary business with Myanmar is increasing.
We continue to recommend that companies should regularly conduct screenings of the involved parties to uncover sanctioned parties in the line of business.
1. Council Implementing Regulation (EU) 2022/2177 of 8 November 2022 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burm