In April 2018, the EU adopted Council Decision (CFSP) 2018/655 and Council Regulation (EU) 2018/647, which (inter alia) expanded the EU’s arms embargo on Burma/Myanmar to include:
- A prohibition on the export of dual-use goods for use by the military and border guard police;
- Restrictions on the export of equipment for monitoring communications that might be used for internal repression; and
- A prohibition on the provision of military training to, and military cooperation with, the Burma/Myanmar army (see previous blog).
The UK has made provision for this expanded EU arms embargo by adopting the Export Control (Burma Sanctions) (No. 2) Order 2018 (SI 2018/894), which comes into force on 14 August 2018. As a result, the Export Control (Burma Sanctions) Order 2013 (SI 2013/1964) has been revoked.
Canada has added 7 people to its targeted sanctions against Myanmar/Burma, by amending the Special Economic Measures (Burma) Regulations. The individuals were sanctioned (asset freezes imposed) for playing a role in the “military operations against the Rohingya in Myanmar’s Rakhine State in August 2017”. See Backgrounder and Press Release.
Earlier this week (previous blog), the EU added the same 7 people to its Myanmar/Burma sanctions: Aung Kyaw Zaw; Maung Maung Soe; Than Oo; Aung Aung; Khin Maung Soe; Thura San Lwin; and Thant Zin Oo.
Following those EU sanctions, the Myanmar/Burma army (Tatmadaw) announced that Maung Maung Soe (Myanmar’s former Major-General) had been permanently removed from his post. He has been subject to Canadian sanctions since February 2018, and US sanctions since December 2017, pursuant to the countries’ Magnitsky laws.
Today, the EU has added 7 individuals to its Myanmar/Burma sanctions list (asset freezes and travel bans imposed). The individuals are members of the Myanmar/Burma army (Tatmadaw), Border Guard or police force, and have each been listed for their “involvement in or association with atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017”. See Council Decision (CFSP) 2018/900, Council Implementing Regulation (EU) 2018/898, EU press release, and UK OFSI Notice.
These Myanmar/Burma targeted measures are the first to be imposed by the EU since it adopted a legal framework in April 2018 to impose targeted sanctions against individuals of the Tatmadaw and the Border Guard Police who are deemed responsible for (inter alia) serious human rights violations (previous blog). The EU previously had targeted sanctions in place against Myanmar/Burma but were completely lifted in April 2013 (previous blog).
The 7 individuals sanctioned today: Aung Kyaw Zaw; Maung Maung Soe; Than Oo; Aung Aung; Khin Maung Soe; Thura San Lwin; and Thant Zin Oo.
On 22 December 2017, the UN Security Council imposed its latest round of sanctions against North Korea by adopting Resolution 2397 (see previous blog here). Among other things, that Resolution expanded sectoral sanctions by introducing a ban on North Korean exports of food and agricultural products, machinery, electrical equipment, earth and stone, wood and vessels. It also introduced a ban on the supply, sale or transfer to North Korea of all industrial machinery, transportation vehicles, iron, steel and other metals.
The UK has provided for these new measures by passing the North Korea (United Nations Sanctions) (Amendment) Order 2018, SI 2018/523, and the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018, SI 2018/524. Both Orders will come into force on 22 May 2018.
On 26 April 2018, the EU adopted (inter alia) a legal framework to impose targeted measures in relation to its Burma/Myanmar sanctions, see Council Decision (CFSP) 2018/655 and Council Regulation (EU) 2018/647 (previous blog here).
The UK has provided for this legal framework by passing the Burma (European Union Financial Sanctions) Regulations 2018, SI 2018/539. The Regulations will come into force on 21 May 2018.
Last week, the EU continued its arms embargo on Burma/Myanmar for 1 year and expanded it to include a prohibition on the export of dual-use goods for use by the military and Border Guard Police, and imposed restrictions on the export of equipment for monitoring communications that may be used for internal repression (previous blog). As a result, the UK Export Control Joint Unit has announced that it has amended and republished the following 5 Open General Export Licences (OGELs) (to remove Burma/Myanmar as a permitted destination from Schedule 2):
1. Export after exhibition: dual-use items
2. Export after repair/replacement under warranty: dual-use items
3. Export for repair/replacement under warranty: dual use items
4. Low value shipments
The EU has continued for 1 year its arms embargo on Burma/Myanmar, and has expanded it to include:
1. A prohibition on the export of dual-use goods for use by the military and border guard police;
2. Restrictions on the export of equipment for monitoring communications that might be used for internal repression; and
3. A prohibition on the provision of military training to, and military cooperation with, the Burma/Myanmar army.
The EU has also adopted a legal framework to impose targeted sanctions (travel bans and asset freezes) against individuals of the Myanmar Armed Forces (Tatmadaw) and the border guard police who are deemed responsible for (inter alia) “serious human rights violations” (no individuals or entities listed yet). The EU previously had targeted sanctions in place against Burma/Myanmar but were completely lifted in April 2013 (previous blog here).
These EU measures were adopted today as a result of the Foreign Affairs Council conclusions of 26 February 2018 on the situation in Burma/Myanmar (previous blog here). See Council Decision (CFSP) 2018/655 and Council Regulation (EU) 2018/647. EU press release here, and UK OFSI Notice here.
Yesterday, the EU adopted conclusions on the situation in Myanmar/Burma, Cambodia and Maldives.
In respect of Myanmar/Burma (particularly Rakhine State), the EU condemned the “ongoing widespread, systematic grave human rights violations committed by Myanmar/Burma military and security forces”. It also invited the High Representative to make proposals for an extension to the existing arms embargo, as well as targeted sanctions to be imposed against senior military officers of the Myanmar armed forces (Tatmadaw) responsible for “serious and systematic human rights violations”. Links to the EU conclusions on Myanmar/Burma and the press release.
In respect of Cambodia, the EU decided that it might consider targeted measures if the “continu[ed] deterioration of democracy, respect of human rights and the rule of law” in Cambodia failed to improve. It particular, the EU urged the Cambodian Government to “stop using the judiciary as a political tool to harass and intimidate political opponents, civil society, labour rights activists and human rights defenders”. Links to EU conclusions on Cambodia and the press release.
In relation to Maldives, the EU called on the competent Maldivian institutions to “lift immediately the state of emergency and restore all constitutionally guaranteed rights”. It also decided that if the current situation failed to improve, targeted measures might be considered. Links to EU conclusions on Maldives and the press release.
The Canadian Government has imposed targeted sanctions (asset freeze) against Burma’s former Major-General Maung Maung Soe, pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), by amending the Justice for Victims of Corrupt Foreign Officials Regulations.
Maung Maung Soe was sanctioned for being “responsible for, or complicit in, gross violations of internationally-recognized human rights against the Rohingya in Myanmar’s northern Rakhine State” which “forced more than 688,000 Rohingya to flee their country”. Canadian press release here.
OFAC added Maung Maung Soe to its Global Magnitsky sanctions list on 21 December 2017 (see previous blog here).