Myanmar

Myanmar has been subject to EU restrictive measures since 1990, which were confirmed in October 1996 (Common Position 1996/635/CFSP). Arms transfers’ restrictions were expanded in April 2000 and extended until today, although other restrictive measures (diplomatic withdrawals, travel restrictions to the EU territory) have been suspended in 2013.

1. Conventional weapons

Prohibitions 

The current sanctions regime, as detailed in the updated versions of Council Decision 2013/184/CFSP and its related Regulation 401/2013, prohibits:

• “The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Myanmar” (Decision 2013/184/CFSP, art. 1, para. 1). The prohibition also includes “the provision, direct or indirect, of technical assistance, brokering services and other services related to military activities and the provision, manufacture, maintenance and use of the prohibited items under article 1 para.1” (Decision 2013/184/CFSP, art. 1, para. 2, a) as well as “the provision of funds or financial assistance related to military activities or the prohibited items” (Decision 2013/184/CFSP, art. 1, para. 2, b). 
• “The provision of military training to or military cooperation with the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police” (Decision 2013/184/CFSP, art. 4, para.1).

Exceptions 

The arms embargo however provides for several exceptions excluding the following operations or items from its scope : 

•  “non-lethal military equipment (…) intended solely for humanitarian or protective use, or for institution-building programmes of the UN and the EU, or of materiel intended for EU and UN crisis management operations” (Decision 2013/184/CFSP, art. 2, para. 1, a).
• “equipment and materiel for use in demining operations” (Decision 2013/184/CFSP, art. 2, para. 1, b).
• “financing and financial or technical assistance related to such equipment or to such programmes and operations aforementioned” (Decision 2013/184/CFSP, art. 2, para. 1, c and d).

The export of the above-mentioned equipment must have been approved in advance by the relevant competent authority (Decision 2013/184/CFSP, art. 2, para. 1).

• “protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma for the sole personal use of UN personnel, EU or EU Members States, humanitarian and development workers and associated personnel” (Decision 2013/184/CFSP, art. 2, para. 2).

2. Equipment which might be used for internal repression 

Prohibitions 

The sanctions regime also prohibits:

• “the sale, supply, transfer or export of arms and related materiel (…) which might be used for internal repression” (Decision 2013/184/CFSP, art. 1, para. 1). The items which might be used for internal repression are listed in Annex I of Regulation 401/2013.
• “the sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the Government of Myanmar/Burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited” (Decision 2013/184/CFSP, art. 2, para. 1).

Exceptions 

The aforementioned operations regarding goods and technologies which might be used for internal repression, including surveillance and interception technologies, can be authorized by States if:

• « they have reasonable grounds to determine that the equipment, technology or software would not be used for internal repression by Myanmar/Burma’s government, public bodies, corporations or agencies, or any person or entity acting on their behalf or at their direction” (Decision 2013/184/CFSP, art. 3, para. 2). The authorizations granted shall be reported to all Member States as well as to the European Commission within four weeks of the authorization (Decision 2013/184/CFSP, art. 3, para. 2).

3. Dual-use items 

Prohibitions 

The European Union also prohibits:

• “the direct or indirect sale, supply, transfer or export of all dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 (*) for military use in Myanmar/Burma, or to any military end-user or to the Border Guard Police in Myanmar/Burma by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories”. (Decision 2013/184/CFSP, art. 1a, para. 1). This prohibition also includes the provision of technical or financial assistance, brokering services or other services related to dual-use goods and technology (Decision 2013/184/CFSP, art 1a , para. 2).2013/184/CFSP, art 1a , para. 2).

Exceptions 

The restrictions on dual-use items do not apply: 

• To aforementioned operations concerning “dual-use goods and technology listed in Annex I to Regulation (EC) No 428/2009, intended solely for humanitarian or protective use, or for institution-building programmes of the UN and the EU, or of materiel intended for EU and UN crisis management operations” (Decision 2013/184/CFSP, art. 2, para. 1, a).
• to “demining equipment and materiel for use in demining operations” (Decision 2013/184/CFSP, art. 2, para. 1, b).
• to “financing or financial and technical assistance related to aforementioned equipment, programme and operations” (Decision 2013/184/CFSP, art. 2, para. 1, c and d).

The export of the above-mentioned equipment must have been approved in advance by the relevant competent authority (Decision 2013/184/CFSP, art. 2, para. 1).

• to “protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only” (Decision 2013/184/CFSP, art. 2, para. 2).
• To operations related to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary to the execution of such contracts. (Decision 2013/184/CFSP, art. 1a, para. 3).

Others 

On 29th April 2021, considering the ongoing activities undermining democracy and the rule of law in Myanmar/Burma, as well as the brutal repression and serious human rights violations in the country, Council Decision (CFSP) 2023/887 renewed the restrictive measures in place, including all designations, until 30th April 2024.