Update of EU Sanctions on Burma - April 2008
NOTICES TO EXPORTERS - 2008/09
DETAILS OF RENEWAL AND ADOPTION OF NEW RESTRICTIVE MEASURES ON BURMA
Further to our Notice of 21 December 2007, Council Regulation (EC) No.194/2008 entered into force on 10th March 2008.
This implements certain provisions of Council Common Position 2007/750/CFSP. The Regulation contains all relevant provisions of previous Council Regulation (EC) No. 817/2006, which is now repealed, plus new restrictive measures which target sectors providing sources of revenue for the military regime. Accordingly, the restrictive measures now in force include:-
Exports:
- The arms embargo in Council Common Position 2006/318/CFSP;
- A prohibition on the sale, supply or transfer, directly or indirectly, of equipment which might be used for internal repression (with a revised list of items to that published in Regulation 817/2006) see Annex II to the Regulation, to any person, entity or body, in or for use in, Burma;
- A prohibition on the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel and to equipment which might be used for internal repression as listed in Annex II, to any person, entity or body, in or for use in, Burma;
- The provision of financing or financial assistance related to military activities and to equipment which might be used for internal repression as listed in Annex II, to any person, entity or body, in or for use in, Burma;
- A licence is required for any export, either directly or indirectly of, and the provision of related technical assistance for, the equipment and technology listed in Annex III to the Regulation to any natural or legal person, entity or body in, or for use in Burma. Such acts are prohibited where the enterprise in question is involved in logging and timber processing, coal, gold, silver, iron, tin, copper, tungsten, lead, manganese, nickel and zinc mining and mining and processing of precious and semi-precious stones.
- A prohibition on the provision of financing and financial assistance and related technical assistance or training for the items in Annex III to any enterprises listed in Annex V to the Regulation;
Derogations to the export prohibitions:
Competent authorities in EU Member States may under certain circumstances authorise what would otherwise be prohibited under the arms embargo or the Regulation, the derogations include:-
- Non-lethal military equipment or equipment which might be used for internal repression, 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;
- De-mining equipment and material for use in de-mining operations
Imports:
- Prohibitions of the import, purchase and transport of goods listed in Annex I to the Regulation including,
- round logs, timber and timber products;
- coal and metals;
- precious and semi-precious stones;
These measures do not apply to the import, purchase and transport of goods listed in Annex I if they are solely for the personal use of the recipients or travellers or their families.
There is also an exception where goods were in the course of shipment before 10 March 2008.
National implementing legislation for the Export and Import Restrictions:
- The Export Control (Burma) Order 2008 (SI 2008/1098), which came into force on 23rd April 2008 provides licensing and enforcement powers for the Council Regulation.
- The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance)(Penalties and Licences) Regulations 2006 (SI 2006/2682) have been revoked.
- You can also view the relevant EU regulation here: Council Regulation (EC) 194/2008.
Extra-territorial controls:
Burma remains a destination covered by the provisions of the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (SI 2004/318), which introduced extra-territorial controls on trade (trafficking and brokering) in arms and related materiel from a country outside the UK to specified embargoed destinations.
Other Measures:
In addition to the export and import restrictions the sanctions regime also includes a number of other measures, as follows:-
- A prohibition of the granting of any financial loan or credit to any of the enterprises listed in Annex V or VII of the Regulation. The acquisition or extension of participation in these enterprises and the creation of any joint venture with them, or with their subsidiaries or with affiliated legal persons, entities or bodies is also prohibited.
- 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 VI to the Regulation and a prohibition on making funds and economic resources available to those individuals.
The HM Treasury Notice:
explains the assets freeze and financing of enterprises measures in more detail.
- A travel ban (with certain defined exemptions) preventing listed individuals and their families (see the Annex II to the Common Position) from entering the EU
- Suspension of non-humanitarian aid or development programmes with defined exceptions.
For further information on this Notice or on strategic export controls please contact ECO.
This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.
Export Control Organisation
24 April 2008
NTE200809
