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Burma, EU Sanctions, Summary of Measures, April 2004

Details of the EU renewal of sanctions against Burma for another 12 months from April 2004. 

The European Union adopted the Council Common Position 2004/423/CFSP on 26 April renewing sanctions against Burma for another 12 months.

The measures include:

• The delivery or supply of arms and related materiel, as well as equipment which might be used for internal repression, to Burma, from Member States’ territory, by their nationals, or using their flagged vessels and aircraft;
• The provision of technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel and equipment which might be used for internal repression to any person, entity or body in, or for use in, Burma;
• The provision of financing or financial assistance related to military activities including for arms and related materiel and equipment which might be used for internal repression to any person, entity or body, in or for use in, Burma.

The Council Regulation adopted on same day, 26 April, prohibited the grant, sale, supply or transfer of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel to any person, entity or body, in or for use in, Burma. It also banned the provision of financing or provision of financial assistance related to military activities to any person, entity or body, in or for use in, Burma.

The Regulation also imposes the prohibitions outlined above on equipment which might be used for internal repression as listed in Annex I to the Regulation. The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 (SI 2004/1315), which came into force on 17 May provides licensing and enforcement powers for the Council Regulation. The Burma (Sale, Supply and Export of Goods) (Penalties) Regulations 2000 (SI 2000/1408) have been revoked.  Click on the link in the right hand coloum for details of the EC Council Regulation 798/2004 (26/04/04) 

Measures not applicable
The measures set out in the Common Position and Regulation do not apply to:

• Non-lethal military equipment intended solely for humanitarian or protective use, or for institution building programmes of the United Nations, the EU and the Community;
• Material intended for EU and UN crisis management operations;
• Protective clothing, including flak jackets and military helmets, temporarily exported to Burma by UN personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use.

Extra-territorial controls
Burma is a destination covered by the provisions of the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (SI 2004/318). This introduced  on trade (trafficking and brokering) in arms and related materiel from a country outside the UK to specified embargoed destinations.

Other measures renewed
The other measures against Burma that were renewed by the EU for another 12 months were:

• A travel ban (with certain defined exemptions) preventing listed individuals and their families (see the Annex to the Common Position) from entering the EU;
• An assets freeze (with certain defined exemptions) against individual members of the Government of Burma and to natural or legal persons, entities or bodies associated with them listed in Annex III to the Regulation and a prohibition on making funds and economic resources available to those individuals. The assets freeze provision is administered by the Financial Sanctions Unit of the Bank of England
• Suspension of non-humanitarian aid or development programmes with defined exceptions

For further details of strategic export controls please contact
Department of Trade and Industry
Export Control Organisation
3rd Floor,
1 Victoria Street
London SW1H 0ET
Fax 020 7215 0531
email eco.help@berr.gsi.gov.uk

This notice is for information only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation
Department of Trade & Industry (now BERR)

May 2004