June 5, 2023


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Burma Sanctions and Export Licensing Prohibitions Implemented in Reaction to Army Coup | Michael Volkov

A short while ago, on April 9, 2021, the US Commerce Department’s Bureau of Marketplace and Protection (BIS) adopted new limits concentrating on Burma by implementing Export Administration Regulations’(EAR’s) armed service-intelligence end-use and stop-person controls.  These controls ended up initial issued in January 2021 and turned efficient in March 2021. 

The original rule adopted in January 2021 imposed new conclusion-use and close-user needs, and new controls on assistance routines by US individuals with respect to armed service intelligence conclusion-works by using and end-users in China, Russia, Venezuela or any place in teams E:1 and E:2 (Cuba, Iran, North Korea and Syria).  The January 2021 policies have to have that US individuals ought to receive authorization from BIS to transfer any items subject matter to EAR when the items are supposed for navy intelligence employs or jurisdiction.

In February, 2021, President Biden issued a new Govt Order 14014, Blocking Home with respect to the Predicament in Burma, authorizing sanctions on sure Burmese events in reaction to the army coup.  Beneath the Executive Purchase, the Treasury Department’s Business of International Asset Control specified fifteen events linked to the army equipment responsible for the coup.  The new sanctions do not prohibit dealings with the Burma govt, or economical companies and investments in Burma.  The concentration of the OFAC sanctions is Burma’s defense and safety sectors. 

Moreover, in February 2021, BIS issued a notification that it will implement a presumption of denial for license apps for the export and re-export of merchandise to the Burma army and safety expert services. BIS also suspended specified license exceptions that were being earlier offered to Burma. 

In March 2021, pursuant to Govt Buy 14014, OFAC designated two persons and two entities related to the Burmese armed forces, together with Thon Hlaing, a leader of the Burma Law enforcement Drive, the 33rd Gentle Infantry Division of the Burmese Military the 77th Mild Infantry Division of the Burmese Military Lt. Gen. Aung Soe, Burmese Military Special Operations commander.

Afterwards in March 2021, OFAC selected Myanmar Financial Company Confined (MEC) and Myanmar Financial Holdings Community Firm Constrained (MEHL), two army conglomerates.  These conglomerates play a significant function in the Burma financial state.  The conglomerates are associated in buying and selling, purely natural methods, tourism, alcohol, cigarettes and buyer products.  BIS included MEC and MEHL restricting exports, reexports and in-place transfers to MEC and MEHL.

OFAC’s SDN designations prohibit any transaction involving a US Individual, which includes US structured entities, US citizens, US long lasting resident aliens and folks physically positioned in the United States.  In addition, under OFAC’s 50 percent rule, the prohibition extends to any entities that are owned, immediately or indirectly, owned 50 per cent or far more by MEC or MEHL.

OFAC also issued four normal licenses authorizing transactions that would normally be prohibited under Executive Purchase 14014, including wind-down license transactions involving MEC and MEHL.  The 4 Typical Licenses incorporate:

Basic License 1: authorizes transactions and things to do or else prohibited by Government Purchase 14014 that are for the conduct of the official enterprise of the US govt

Basic License 2: authorizes transactions and things to do otherwise prohibited by Executive Order 14014 that are for the perform of formal company of the United Nations, the Worldwide Centre for Settlement of Financial investment Disputes, Intercontinental Committee of the Red Cross and the Worldwide Federation of Red Cross and Purple Crescent Societies, the Association of Southeast Asian Nations, and a number of other companies, like a variety of improvement banking companies

Basic License 3: authorizes transactions and pursuits otherwise prohibited by Govt Purchase 14014 that are ordinarily incident and necessary to activities in support of a vary of humanitarian, democracy creating, academic, non-business advancement, and environmental and pure resource security routines in Burma. The approved transactions contain the processing and transfer of resources, the payment of taxes, costs, and import responsibilities, and the obtain or receipt of permits, licenses, or community utility companies and

Normal License 4: : authorizes transactions and functions usually prohibited by Govt Buy 14014 that are ordinarily incident and necessary to the wind-down of transactions involving MEC, MEHL, or any entity in which MEC or MEHL straight or indirectly owns a 50% or higher interest, by way of June 22, 2021.