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Export Control News - Sanctions against Myanmar / Burma

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) implemented a series of restrictions on exports of sensitive items to Burma’s Ministry of Defense, the Ministry of Home Affairs, armed forces, and security services in response to the Burmese military’s actions to overthrow the democratically elected civilian government of Burma.

Effective immediately, BIS will apply a presumption of denial for items requiring a license for export and reexport to these select Burmese government departments and agencies. In addition, BIS is revoking certain previously issued licenses to these departments and agencies which have not been fully utilized. BIS also will suspend certain license exceptions previously available to Burma as a result of its current Country Group placement under the Export Administration Regulations (EAR), including Shipments to Country Group B countries (GBS) and Technology and Software under restriction (TSR).

BIS is also assessing additional actions, including possible Entity List additions, adding Burma to the list of countries subject to the EAR’s military end use and end user (MEU) and military intelligence end use and end user (MIEU) restrictions, and downgrading Burma’s Country Group status in the EAR.

Source: BIS Press Release 11 Feb 2021

The currently applicable EU sanctions against Myanmar / Burma have been set out by Council Decision 2013/184/CFSP (22 April 2013) and Regulation 401/23013 of 2 May 2013, both updated on 23 April 2020. The restrictive measures include an arms embargo, as well as a prohibition regarding dual-use goods and technology of Annex I, if these are (or may be) intended for military use, military end-user or the Border Guard Police. Where the end-user is the Myanmar military, a military use is deemed. Restricted goods include items for internal repression, and for interception and monitoring. The typical diplomacy toolbox is likely to be used before EU will strengthen its sanctions regime against Myanmar/Burma.

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