WT/TPR/M/405/Add.1  
25 May 2021  
(21-4335) Page: 1/110 
Trade Policy Review Body  
15 and 17 February 2021  Original: English/anglais/inglés  
 
  
TRADE POLICY REVIEW  
MYANMAR  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Harald Aspelund (Iceland)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Myanmar .1 
 
 
Organe d'examen des politiques commerciales  
15 et 17 février 2021  
EXAMEN DES POLITIQUES COMMERCIALES  
MYANMAR  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président : S.E.  M. Harald Aspelund (Islande)  
Le présent document contient les questions écrites communiquées à l'avance par les Membres 
de l'OMC, leurs questions additionnelles, et les réponses fournies par  Myanmar .1 
 
 
Órgano de Examen de las Políticas Comerciales  
15 y 17 de febrero de 2021  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
MYANMAR  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Harald Aspelund (Islandia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por  
Myanmar .1 
  
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/405/Add.1  
 
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  Contents  
1  BRAZIL  ................................ ................................ ................................ .........................  3 
2  BRUNEI DARUSSALAM  ................................ ................................ ................................ .. 4 
3  CANADA  ................................ ................................ ................................ .......................  5 
4  CHILE  ................................ ................................ ................................ .........................  12 
5  CHINA  ................................ ................................ ................................ ........................  14 
6  EUROPEAN UNION ................................ ................................ ................................ ...... 30 
7  INDONESIA  ................................ ................................ ................................ ................  42 
8  JAPAN  ................................ ................................ ................................ ........................  52 
9  KOREA, REP. OF ................................ ................................ ................................ ..........  56 
10  MALAYSIA  ................................ ................................ ................................ ................  57 
11  PHILIPPINES  ................................ ................................ ................................ ...........  59 
12  SINGAPORE  ................................ ................................ ................................ ..............  70 
13  THAILAND  ................................ ................................ ................................ ................  74 
14  TURKEY  ................................ ................................ ................................ ....................  92 
15  UNITED KINGDOM  ................................ ................................ ................................ .... 95 
16  UNITED STATES  ................................ ................................ ................................ ..... 101  
 
 WT/TPR/M/405/Add.1  
 
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  - 3 - 1  BRAZIL  
(REPLIES ON GOVERNMENT  REPORT)  
 
38. Page 27, 
Paragraph 
3.94  Question:  
Bearing in mind that the legislative process is still ongoing, what is the 
current regulatory structure for regulating communication services in 
Myanmar?"  
 
Answer:  
The telecommunication sector is supervised in accordance with the 
Telecommunication Law promulged on 8 October 2013.  
39. Page 27, 
Paragraph 
3.94 Question:  
What is the time frame expected for the modernization of the regulatory 
environment to take place? What is expected to be the new scope of action 
of the new independent regulator? Will it be charged with cyber security and 
data protection as well, or will it be restricted to the fruition of 
communication services?"  
 
Answer:  
It is difficult position to expect the exact time frame for the modernization 
of the re gulatory environment to take place. According to the article 86 of 
the Telecommunication Law, it is mentioned that The Union Government 
shall establish the independent Myanmar Communications Commission, 
within two years from the date of this Law comes into  force, led by an 
appropriate person at the Union level in order to carry out the functions and 
duties contained in this Law regarding Telecommunications Service. The 
elements for  cyber security and data protection could be included in the 
coming regulatio ns for  communication services.  
40. Page 27, 
Paragraph  
3.94 Question:  
Are there plans to establish other regulatory agencies for dealing with the 
duties that perhaps will not be under the responsibility of the 
communications regulator? For example, an age ncy for personal data 
protection regulations?  
 
Answer:  
Regarding the data protection, the article 17 under the Telecommunication 
Law mentioned that the business licensee shall keep information and 
contents securely that are transmitted or received through his 
telecommunications service and confidential personal information of each 
individual users, and shall not disclose and inform to irrelevant person 
except where allowed in accord with the existing laws. Moreover, the 
Common Data Base Center is being plan ned to establish for the purpose of 
mis-using the public data and to restore the data.  
  WT/TPR/M/405/Add.1  
 
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  - 4 - 2  BRUNEI DARUSSALAM  
15. Page 9,  
Paragraph 
2.24 Question:  
Brunei Darussalam requests further details on the inter -ministerial focus 
groups set up, including the composition of said groups.  
 
Answer:  
The six inter -ministerial focus groups  are intended to organize by nine 
inter-ministries; Ministry of Commerce, Min istry of Planning, Finance and 
Industry, Ministry of Transport and Communication, Ministry of Home 
Affairs, Ministry of Investment and Foreign Economic Relations, Ministry of 
Labour, Immigration and People, Ministry of Health and Sports, Ministry of 
Agricu lture, Livestock and Irrigation and Central Bank of Myanmar. The 
focus groups are as follows;  
▪ Enabling electronic commerce  
▪ Openness and electronic commerce  
▪ Trust and electronic commerce  
▪ Cross -cutting issues  
▪ Telecommunications  
▪ Market access  
The further details of setting up the above inter -ministerial focus groups are 
under the consultation process with the line ministries and related 
stakeholders.  
16. Page 18, 
Paragraph  
3.11 Question:  
What is the status of the end -to-end testing and Myanmar's progress for 
the targeted implementation of the eSPS exchange among ASEAN planned 
for 2021?  
 
Answer:  
Discussions are underway for the implementation of the eSPS with 
respective sectors and development partners. In addition to ongoing 
discussions with relevant government agenc ies including the Department of 
Agriculture in regard to e -phyto, the Livestock Breeding and Veterinary 
Department regarding e -Animal Health and the Public Health Department 
regarding e -food safety.  
17. Page 28, 
Paragraph 
3.103 Question:  
Request Myanmar to provide further details on the plan to establish a 
Services Trade and Investment Portal (STIP).  
 
Answer:  
Services are a key pillar of Myanmar's economy. Myanmar has a relatively 
open regime for trade in services but services policymaking is still in its 
early stages. The development and launch of the Services Trade and 
Investment Portal (STIP) is an important  step in developing the services 
sector in Myanmar.  
 
The STIP aims to provide and assist domestic and foreign businesses and 
investors access to key information, including, laws, regulations, measures, 
procedures and forms which are necessary for their op eration in the 
services sector. The portal will be harmonized and integrated with the 
Myanmar e -Government platform.  
  WT/TPR/M/405/Add.1  
 
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  - 5 - 3  CANADA  
1. Page 44 ,  
Paragraph  3.26; 
Pages 45 -48 (Table 
3.6) Question:  
Can Myanmar explain the reason for the import restrictions applied 
to the following commodities in Table  3.6: sawn timber and forest 
products, mineral products, petroleum (including natural gas) and 
petroleum products?  
 
Answer:  
These products concern indus tries and markets in Myanmar that 
benefit from close governmental supervision in the interest of 
quality assurance, preservation of exhaustable natural resources, 
environmental protection and industrial development and consumer 
protection. The recommendati on requirement is an element of this 
policy.  
2. Page 45 , 
Paragraph 3.27 ; 
Page 48,  
Paragraph 3.31  Question:  
Could Myanmar please clarify the apparent discrepancy, provide 
details of its import licensing requirements for these types of goods 
and, if available, links to the relevant laws and regulations?  
 
Answer:  
Paragraph 3.27 of the Secretariat Report addresses prohibited 
goods while paragraph 3.31 of the Report addresses goods subject 
to import licensing. Myanmar prohibits the importation of certain 
goods , inter alia , for purposes of protection of public morality, 
protection of plant, animal, plant life or health, protection of 
national security and fulfilment of international obligations. 
Myanmar is currently reviewing its import prohibition policy with 
the objective to bringing into compliance with its commitments. On 
import licensing, Myanmar's Notification to the Committee on 
Import Licensing (G/LIC/N/2/MMR/1)  provides  detail s on the import 
licensing requirements and their rationale togethe r with links to the 
relevant laws and regulations.  
3. Page 60 ,  
Paragraph 3.87  Question:  
Does Myanmar have any planned upcoming sanitary and 
phytosanitary regulatory initiatives not referenced in the TPR 
reports that will impact Canadian exports of agric ulture, forestry, or 
aquatic products?  
 
Answer:  
SPS supervision of production and trade is conducted on an 
ongoing basis and in principle concerns a wide range of products. 
Myanmar is committed to conducting its SPS regulations and 
management in full comp liance with its commitments and will notify 
the WTO of any development to its SPS regime.  
 
Recent regulatory developments to Myanmar's SPS regime are 
reflected in the Secretariat Report. The New Animal Health and 
Livestock Development Law (13/2020) enacted on 26 August 2020 
prescribs comprehensive veterinary coverage in line with OIE 
standards o n the import of animals and animal products.  
For the import of plant and plant products, the Plant Protection 
Division (PPD)of the Department of Agriculture, Ministry of 
Agriculture, Livestock and Irrigation is responsible for the issuance 
of Phytosanitar y Certificates and Import Certificates (Phytosanitary 
Import Requirement).  
The Standard Operational Procedures (SOP) for export and import 
of plants and plant products are described in the Plant Quarantine 
Section under the PPD website (www.ppdmyanmar.org ). Traders 
must follow the SOPs for applying for Phytosanitary and Import 
Certificates. Myanmar is planning to digitalize the certification WT/TPR/M/405/Add.1  
 
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  - 6 - process and introduce e -Phyto certificate soon. During the C OVID -
19 pandemic, PPD accepted scanned copies of Phytosanitary 
Certificates via email.2 
 
The Forest Department in cooperation with the Department of 
Agriculture issues phytosanitary regulatory certificates in line with 
SPS regulation for the importation of forestry products requiring 
such certificates.  
 
The importation of fishery products should be in line with Directives 
No. 9/2014, 8/2018 and the Aquaculture Law as notified to WTO.  
4. Page 61 ,  
Paragraphs 3.90 -
3.91 Question:  
Could Myanmar provide details on whether they will evaluate the 
use of GM crops for food and feed purposes?  
 
Answer:  
Yes. Myanmar is considering to update and upgrade its biosafety 
policy. A draft Biosafety Framework is under consideration by the 
cabinet  
5. Page 61 ,  
Paragraphs 3.90 -
3.91 Question:  
Could Myanmar indicate whether  it will consider establishing an 
import process for GM food crops, and, if so, what timelines may be 
considered?  
 
Answer:  
The National Seed Policy (2016) - the current policy framework for 
the treatment of GMOs - restricts the importation and cultivation of 
all genetically modified seeds except for non -food crops such as Bt 
cotton. However, the Government is considering the potential 
benefits of agricultural biotechnology in both the crop and animal 
sectors and is collaborating with experts and stakeholder s to 
update and upgrade its policy on biosafety. Myanmar developed a 
draft National Biosafety Framework - currently awaiting cabinet 
approval – and is revising its Biosafety Guidelines – both 
documents are expected to be launched in 2021.  
6. Page 61 , 
Paragraph 3.94  Question:  
Can Myanmar explain its criteria for considering a firm to be 
operating on a commercial basis?  
 
Answer:  
The criteria for considering a firm to be operating on a commercial 
basis depends on the type of businesses under the relevant laws.  
7. Page 64 , 
Paragraph 3.98  Question:  
Does Myanmar encourage specific SEEs to privatize over others, 
and in what sectors is this undertaken?  
 
Answer:  
Myanmar has tried to encourage SEEs to privatize over others, 
rather than specific SEEs. However, the Government intends to 
reform SEEs by re -categorizing them according to function, 
reforming their financing formulae, professionalizing their 
management and operations, enhancing oversight and 
transparency, and, where appropriate, equitizing or privatizing 
assets in a manner that will improve Myanmar 's economic 
performance . 
 
2 For further information and update, see www.ppdmyanmar.org . WT/TPR/M/405/Add.1  
 
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  - 7 - 8. Page 64 , 
Paragraph 3.98  Question:  
Can Myanma r provide more details on its expected outcomes for 
encouraging such privatization?  
 
Answer:  
The Myanmar Government focuses on promoting the private 
sectors in national development as part of the Myanmar 
Sustainable Development Plan (MSDP). In this regard,  MSDP 
comprises the contents related to the expected outcomes  for 
encouraging privatization in general.  
9. Page 64 , 
Paragraph 3.98  Question:  
In addition, can Myanmar explain whether it has a timeframe by 
which it anticipates to privatize its SEEs, and if so, outline such 
timeframe?  
 
Answer:  
Since the implementation process for privatizations broad and 
complicated, there is no specific timeframe to privatize the SEEs at 
present.  
 
10 Page 65 , 
Paragraph 3.102  Question:  
Does Myanmar intend to form a centralized procurement agency in 
the future?  
 
Answer:  
Myanmar does not intend to form a centralized procurement 
agency in the future.  
11. Page 66 , 
Paragraph 3.106  Question:  
Can Myanmar provide a brief overview of how such investigations 
are conducted? For example, is the investigation conducted by an 
authority that is independent from the tender committee that 
carried out the tender process? Can an investigation result in a 
contracting decision being reversed?  
 
Answer:  
In case of a complaint,  the tenderer can submit its complaint to the 
relevant Tender Committee for review. If the complaining tenderer 
is not satisfied with the determination by the Tender Committee, 
the tenderer can submit the complaint to the Ministry of Planning, 
Finance and Industry, supported by sound evidence and reasoning. 
The Ministry of Planning, Finance and Industry organizes a 
Complaint Handling Panel with the approval of the Union 
Government to review and decide on the case. The Complaint 
Handling Panel is comprised o f at least 3 representatives who 
are/were not involved in the procurement process. The decision of 
the Complaint Handling Panel is final.  
12. Pages 67 -68, 
Paragraph 3.115  Question:  
Can Myanmar provide additional information on the activities and 
mandate of the Intellectual Property Central Committee? For 
example, does the Committee develop Myanmar's IP -related 
policies, or conduct outreach with stakeholders? Does the 
committee propose legislative or regulatory measures or 
amendments, or conduct re views of legislation?  
 
Answer:  
Yes, the committee undertakes the said activities. According to the 
provisions of the new IP Laws, the functions and duties of the 
Central Committee are as follows:  
a) Adopting the national intellectual property policies, 
strategies and action plan to develop the intellectual 
property in the Union;  WT/TPR/M/405/Add.1  
 
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  - 8 - b) Giving guidance in implementing the national intellectual 
property policies, strategies and action plans;  
c) Giving guidance in encouraging the intellectual property 
system for the development of the Union economy, foreign 
investment , and small and medium enterprise;  
d) Encouraging to train and nurture the necessary human 
resources for the development of intellectual property 
system;  
e) Coordinating and cooperating with the relevant government 
departments, organizations, private entrepreneurs to 
develop and practice the intellectual property system;  
f) Promoting the coordination with local and foreign 
organization for the technical and other necessary 
assistances;  
g) carrying  out functions and duties relating to intellectual 
property assigned by the Union Government from time to 
time. 
 
The IP central committee will take responsibilities on management 
Collective Management Organization (CMO), GI registration, and 
other working groups that include handing of appeal cases and 
others matter if necessary.  
13. Page 79 , 
Paragraph 4.51  Question:  
Can Myanmar provide further information on the criteria for 
determining the threshold for such a scale -up? 
 
Answer:  
According to the Myanmar Investment Commission Notification 
11/2017, the respective State and Regional Investment 
Committees have been allocated up to US D 5 million or up to 6 ,000 
million kyats of approved capital for investment activities.  
 The threshold amount is determined based on the 
development level of the States and Regions.  
14. Page 79 , 
Paragraph 4.51  Question:  
Additionally, can Myanmar provide examples of instances where 
such investments have been permitted ? 
 
Answer:  
Below is a list of foreign investments in the sector:  
 
No. Company Name & 
Country  Activities  
1. Myanmar Pongpipat 
Co., Ltd. (Thailand)  Exploration, Production and Marketing of 
Tin Metal & Tin Concentrate  
2. Cornerstone 
Resources (Myanmar) 
Ltd. (UK)  Mineral Exploration and Feasibility 
Studies leading to Zinc Mining and 
Process  
3. Myanmar CNMC Nickel 
Co., Ltd.(China)  Mining, Mineral Processing& Marketing of 
Ferronickel  
4. Myanmar Wando 
Mining Copper Ltd., 
(Hong Kong)  Processing and Marketing of Cathode 
Copper  
5. Myanmar Si mon Song 
Da Joint Stock Co., 
Ltd. 
(Viet Nam)  Large scale production and marketing of 
marble (Decorative stone)  
6. GPS Joint Venture 
Company Ltd.(China)  Production of Lead Concentrate  
7. Myanmar Golden 
Bonanza Services Co., 
Ltd. (China)  Mineral Dressing & Separator Plant; 
Separator Tin Concentrate and Sheltie 
Concentrate from Mixed Ore  
8. Tideline Valentes Ltd. 
(Australia)  Providing of Drilling Services to the 
Mining Industry  
 WT/TPR/M/405/Add.1  
 
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  - 9 - 15. Page 85 , 
Paragraph 4.88  Question:  
Are there any restrictions on the number of places of business for 
domestic banks?  
 
Answer:  
There are no restrictions on the number of places of business for 
domestic banks.  
16. Page 85 , 
Paragraph 4.88  Question:  
Are there any restrictions on the number of places of business for 
domestic banks with foreign investment?  
 
Answer:  
There are no restrictions on the number of places of business for 
domestic banks with foreign investment.  
17. Page 85 , 
Paragraph 4.89  Question:  
Is there a FDI limit on domestic banks?  
 
Answer:  
At present, the participation of foreign equity in domestic banks 
should not exceed 35%. 
18. Page 85 , 
Paragraph 4.89  Question:  
What factors are considered in permitting foreign investments that 
exceed the threshold of 35% of a domestic bank's capital?  
 
Answer:  
Under the new Myanmar Companies Law (2017), foreigners are 
allowed to own up to 35% equity interest in local entities. If so, it is 
expected to promote foreign investment and competition. For the 
foreign investments t hat exceed the threshold of 35% in domestic 
and foreign banks, the Equity Participation Framework is still under 
consideration. Currently, there is no specific  factors for permitting 
foreign investment that exceed the threshold of 35% of a domestic 
bank's capital . 
19. Page 87 , 
Paragraph 4.103  Question:  
Does this equate to Myanma r Insurance having the right of first 
refusal for 10% of the reinsurance?  
 
Answer:  
Yes, Myanma r Insurance has the right to cede a compulsory, 
maximum cession up to 10% of any insurance segment business. 
Paragraph (20) of the Reinsurance Directive stipulates that every 
Myanmar insurer/ reinsurer and foreign reinsurer shall cede a 
compulsory maximum c ession up to 10% of any insurance segment 
business to Myanma r Insurance, but whether Myanma r Insurance 
agrees to take such cession limit (or any part thereof) or refuses 
cover is of its own discretion.  
20. Page 110 , 
Table A2.4  Question:  
Does Myanmar promote investment in other forms of renewable 
energy other then wind, solar and geothermal?  
 
Answer:  
No, Myanmar does not promote investment in other forms of 
renewable energy other than wind, solar and geothermal.  
  WT/TPR/M/405/Add.1  
 
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  - 10 - (REPLIES ON GOVERNMENT REPORT)  
 
1. Page 9 , 
Paragraph 
2.25 Question:  
Could Myanmar please elaborate on how environmental sustainability 
applies to Myanmar's negotiations of free trade agreements (FTAs)?  
 
Answer:  
None of Myanmar's FTAs or FTA negotiations addresses trad e and 
environment or environmental sustainability as a separate matter. Trade 
and environment in Myanmar's current FTAs are often captured by 
provisions akin to the GATT Article XX provisions, technical regulations in 
line with provisions under the TBT Agr eement and environmental measures 
in line with the SPS Agreement. The future negotiations between ASEAN 
and the EU are likely to address trade and environment in a separate 
chapter. ASEAN member states including Myanmar, are currently discussing 
the matter s internally.  
 
Under the RCEP Agreement, for example, GATT Article XX is incorporated 
into Article 17.12 of the RCEP Agreement (General Exceptions) and thereby 
made part of the RCEP Agreement. This including measures referred to in 
subparagraph (b) and (g) of GATT Article XX. The same applies to GATS 
Article XIV, which is equally incorporated by reference. Two  footnotes 
underscore explicitly that these references capture environmental measures 
under GATT Article XX (b) and (g) and GATS Article XIV (b), r espectively.  
 
Myanmar is prone to a wide range of environmental hazards and is 
vulnerable to the effects of climate change. Myanmar considers 
environmental sustainability a key overarching goal which guides policy 
makers and is a cornerstone in Myanmar's e conomic development. This is 
reflected in the 2016 Economic Policy, the MSDP, the 2019 National 
Environmental Policy which commits the Government to incorporatee 
environmental protection and sustainable development into all relevant 
sectoral policies, and national legislation.  
National legislation of relevance is the Environmental Conservation Law 
(2012), which prohibits the import, export, production, storing, carrying or 
trading of any material which causes impact on the environment.  
in addition, as part  of ASEAN community, Myanmar is committed to a 
number of strategic measures including strengthening regional cooperation 
to protect, restore and promote sustainable use of coastal and marine 
environment and terrestrial eco -systems resources, combat deserti fication, 
halt biodiversity loss, and halt and reserve land degradation.  
Myanmar is also a party to 19 regional and multilateral environment 
conventions and agreements, which contain specific measures to conserve 
and sustain the environment as per the att ached list. Most notably, in the 
ASEAN Blueprint 2025, Myanmar reaffirmed its commitment to achieve the 
Aichi Biodiversity Targets and the Strategic Goals under the Convention on 
Biological Diversity.  
List of regional and multilateral agreements on enviro nment that Myanmar is a party to:  
# Agreement/Convention  Entry into Force  Myanmar is a Party 
since  
1 International Treaty on Plant Genetic Resources for 
Food and Agriculture  29 June 2004  22 August 2019  
2 International Convention on Civil Liability for Bunker 
Oil Pollution Damage  21 November 2008  22 January 2018  
3 Paris Agreement  4 November 2016  19 September 2017  
4 The International Convention on Civil Liability for Oil 
Pollution Damage  1 November 2003  2015 WT/TPR/M/405/Add.1  
 
- 11 - 
 
  - 11 - # Agreement/Convention  Entry into Force  Myanmar is a Party 
since  
5 Basel Convention on the Control of Transboundary 
Movements of Hazardous Wastes and their Disposal  5 May 1992  6 April 2015  
6 International Tropical Timber Agreement  7 December 2011  12 September 2011  
7 Agreement on Port State Measures to Prevent, Deter 
and Eliminate Illegal, Unre ported and Unregulated 
Fishing  5 June 2016  22 November 2010  
8 Cartagena Protocol on Biosafety  11 September 2003  13 May 2008  
9 International Plant Protection Convention (IPPC)  3 April 1952  2006 
10 Stockholm Convention on Persistent Organic 
Pollutants (POPs)  17 May 2004  18 July 2004  
11 ASEAN Agreement on Transboundary Haze Pollution  25 November 2003  25 November 2003  
12 Kyoto Protocol to the United Nations Framework 
Convention on Climate Change  16 February 2005  13 August 2003  
13 Memorandum of Understanding on the Conservation 
and Management of Marine Turtles and their Habitats 
of the Indian Ocean and South -East Asia  1 September 2001  23 June 2001  
14 Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (C ITES)  1 July 1975  11 September 1997  
15 United Nations Convention on the Law of the Sea 
(UNCLOS)  16 November 1994  21 May 1996  
16 Convention on Biological Diversity  29 December 1993  23 February 1995  
17 Vienna Convention for The Protection of The Ozone 
Layer (UNTC)  22 September 1988  24 November 1993  
18 Montreal Protocol on Substances that Deplete the 
Ozone Layer  26 August 1989  24 November 1993  
19 Convention on the International Maritime 
Organization  17 March 1958  6 July 1951  
 
2. Page 9 , 
Paragraph 
2.25 Question:  
More specifically, does Myanmar include environment as a component of its 
FTAs? If so, what kind of environment provisions and obligations does 
Myanmar include in its FTAs?  
 
Answer:  
None of Myanmar's current FTAs or FTA negotiation s addresses trade and 
environment or environmental sustainability as a separate matter. Trade and 
environment in Myanmar's current FTAs are often captured by provisions akin 
to the GATT Article XX provisions, technical regulations in line with provisions 
under the TBT Agreement and environmental measures in line with the SPS 
Agreement. The future negotiations between ASEAN and the EU are likely to 
address trade and environment in a separate chapter. ASEAN member states 
including Myanmar, are currently discu ssing the matters internally.  
 
Under the RCEP Agreement, for example, GATT Article XX is incorporated into 
Article 17.12 of the RCEP Agreement (General Exceptions) and thereby made 
part of the RCEP Agreement. This including measures referred to in 
subparag raph (b) and (g) of GATT Article XX. The same applies to GATS 
Article XIV, which is equally incorporated by reference. Two footnotes 
underscore explicitly that these references capture environmental measures 
under GATT  Article  XX (b) and (g) and GATS Artic le XIV (b), respectively.  
3. Page 28 , 
Paragraph 
3.104  Question:  
Can Myanmar provide information on next steps, as well as accomplishments 
to date, in establishing technical systems to support intellectual property 
rights?  
 
Answer:  
Myanmar is in the process of approving the implementing rules for the 
Trademark Law (2019). The implementing rules for the Industrial Design Law 
(2019), Patent Law (2019), Copyright taw (2019), Geographical indications 
and the lP Agency are currently under  development.  
  WT/TPR/M/405/Add.1  
 
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  - 12 - 4  CHILE  
21. Page 30,  
Paragraph 
3.96 Question:  
Chile would appreciate providing more information on the autonomous 
liberalization of the "tourism" services sector. In particular, it is 
requested to describe the reforms carried out to increase the 
development of the tourism industry and related aspects such as: 
immigration policies, regulation of the hotel industry, professional 
services provided by foreigners, health regulations adopted in a 
pandemic scenario and those incentives attra ct tourists from the 
American region.  
 
Answer:  
Myanmar facilitated the entry visa application process recently 
introducing the e -visa in addition to the "classical" visa application 
process at Myanmar's embassies and consulates.  
 
The duration of stay for a tourist visa is 28 days. The visa application fee 
for a visa applied for at Myanmar's embassies/consulates is USD 40.  
 
Travelers to Myanmar can apply for and obtain an electronic -visa at 
(https://evisa.moip.gov. mm). The visa fee ranges from USD 50 for a 
regular services to USD 56 for an express service.  
 
The application for an e -visa has been temporarily terminated during the 
COVID -19 pandemic.  
 
Myanmar follows the International Health Regulations (2005) and 
guidance from WHO and ICAO to reduce the risk of international spread 
of diseases while avoiding unnecessary disruptions to trade and travel. 
The Ministry of Health and Sports provided regular update on measures 
of relevance to international travel including t esting and quarantine 
requirements on the basis of the evolving situation with COVID -19 and 
risk assessments conducted in coordination with relevant ministries. 
These updates are available on the Ministry's website and shared with 
airlines and foreign emba ssies.  
22. Pages 31 -32, 
Paragraph 
3.104  Question:  
In compliance with the WTO Agreement on TRIPS, Chile would 
appreciate indicating the process established in the national legislation to 
register certain Denominations of Origin. In addition, it is requested to 
provide information on the legal structure and legal procedures 
contemplated to protect compliance with the rights established in the 
TRIPS Agreement.  
 
Answer:  
The new Trademark Law (2019) provides for the protection of 
Geographical indication s (Gls). Myanmar will develop and launch Gl 
registration after implementation of the Trademark registration, applying 
a pre grant opposition system as is the case for the Trademark 
registration.  
The general procedure of Gl registration will be as follows:  filing an 
application, formality examination, publication for opposition, 
substantive examination in case of opposition and issuance of the 
Certificate and Publication for Grant.  
 
An application for the registration of Gl needs to contain the following:  
● the name and address of the applicant,  
● the name, number of national identification card and address of 
the representative,  
● the representation of the Gl,  
● the geographical area for the application of Gl,  WT/TPR/M/405/Add.1  
 
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  - 13 - ● the type of good covered by the application of Gl,  
● Summary of the book of specification and other necessary 
documents.  
 
The term of a registered GI will be as long as the product complies with 
specifications such as distinguishing characteristics, quality and 
reputation.  
 
Gl applications will be refused if:  
● Not complying with the definition of Gl mentioned in the Law.  
● Being a generic term or customary in common language in 
Myanmar of the goods that are to use such GI.  
● being contrary to public order, morality or public poli cy. 
 
The following relative grounds will be exercised in the case of opposition:  
● likelyhood to mislead or confuse consumers as to the true source 
of origin of goods,  
● liable to mislead the consumer as to the true identity of the 
product,  
● being the name of a Gl of another country or;  
● being the name of a famous trademark.  
23. Page 35,  
Paragraph 5.3  Question:  
Chile congratulates Myanmar and its RCEP partners for reaching such an 
important achievement and signing the aforementioned Agreement, 
forming one of the largest plurilateral trade agreements of the last 
decade. In this context, Chile would appreciate informing the community 
about the internal process that mu st be carried out to ratify the RCEP 
and the deadlines set for it.  
 
Answer:  
Myanmar thanks Chile for its support on the conclusion of the RCEP 
Agreement. The ratification of RCEP will take place after concluding our 
internal consultation process with the c oncerned departments and 
agencies and the approval of higher authorities including Parliament. We 
anticipate the ratification of the agreement by Myanmar to take place 
towards the end of 2021 or mid of 2022.  
  WT/TPR/M/405/Add.1  
 
- 14 - 
 
  - 14 - 5  CHINA  
33. Page 44 -4, 
Paragraph  
3.27 Question:  
Please clarify whether cigarette products are included in the import 
prohibition list? If so, does it mean that cigarettes produced in China cannot 
be sold in Myanmar?  
 
Answer:  
According to the Notification Number 38/2020, cigarettes included in the 
negative list, which had already mentioned in paragraph.3.27. Although 
cigarettes importation has been prohibited, any country can import 
cigarettes in line with the domestic procedures for only duty -free shops.  
34. Page 49 , 
Paragraph  
3.37 Question:  
How does Myanmar government define whether a foreign company 
conducts dumping or receives subsidy?  
 
Answer:  
After the enactment of Countervailing and subsidies, those issues will be 
managed in line with it.  
35. Page 49 , 
Paragraph  
3.37 Question:  
Which coun try does the Myanmar government use as an analogue country 
to define dumping and subsidies?  
 
Answer:  
Myanmar government had prepared the draft of Antidumping and 
Countervailing Law based on the WTO model laws and the related laws of 
other countries includi ng China.  
36. Page 58 , 
Paragraph  
3.77 Question:  
Could Myanmar please specify the regulations and standards related to TCM 
in Myanmar?  
 
Answer:  
At present, it is still in the drafting stage of amendment of the current 
Traditional Medicine Law in order to be added the provision for the 
importation of traditional medicine. Regarding the standardization of 
traditional imported medicine, only the raw materials of the traditional 
medicines are permitted to import and the recommendations for this 
imported medicine are issued by the Department of Traditional Medicine.  
37. Page 58 , 
Paragraph  
3.77 Question:  
Please introduce the specific forms of Myanmar's technical regulations?  
 
Answer:  
The development of Myanmar's technical regulations is responsible for the 
relevant ministries. As a focal point of National Quality Infrastructure, The 
Department of Research and Innovation (DRI), under the ministr y of 
education has been formulating the National Quality Policy with the 
assistance by the UNDIO which is submitted to ministry for the approval 
and will be lunched at National Level.  
1. Setting and implementing a Technical Regulatory Framework is 
one of t he main components of National Quality Policy and 
following are the policies and Policy measures of specific forms of 
Myanmar's technical regulations.  
1.1 (a) Policies  
The Government will:  
• establish a technical regulatory framework that constantly complie s 
with the requirements of the WTO TBT Agreement and other 
relevant international and regional agreements and protocols;  
• follow the recommendations of the WTO TBT Committee in applying 
the principles of good regulatory practice (GRP) when preparing, 
adopti ng or applying technical regulations so as not to create 
unnecessary obstacles to international trade;  WT/TPR/M/405/Add.1  
 
- 15 - 
 
  - 15 - • use international standards, where these exist and are relevant for 
Myanmar, as basis for technical regulations3; 
• at the time of approving the NQP, designate the ministries which 
will be responsible for developing, implementing and maintaining 
technical regulations within their spheres of responsibilities.  
1.1 (b) Policy measures  
As soon as possible after the adoptio n of the NQP by Government, MOE, 
through DRI and under guidance from NSC, will:  
• establish a Technical Regulation Committee (TRC), chaired by DRI 
and involving other relevant ministries and committees to develop a 
National Technical Regulatory Framework (NTRF);  
• ensure that the NTRF is based on features of high -quality regulation 
such as effectiveness and efficiency; transparency and 
accountability; proportionality and consistency;  
• guide the TRC on the application of GRP principles in developing the 
NTRF including, but not limited to, the following areas:  
o transparency and public consultation mechanisms,  
o mechanisms for assessing policy options, including the need 
to regulate (e.g. how to evaluate the impact of alternatives 
through an evidence -based  process, including through the 
use of regulatory impact assessment (RIA) tools),  
o internal (domestic) coordination mechanisms,  
o approaches to minimizing burdens on economic operators,  
o implementation and enforcement mechanisms,  
o mechanisms for review of exis ting technical regulations and 
conformity assessment procedures;  
▪ ensure that the TRC manages the RIA process, meaning that TRC is 
responsible for overseeing, commenting and reporting to DRI on the 
quality of proposals for technical regulations submitted by  any 
ministry/department, before decisions about whether to regulate or 
not are made;  
▪ publish a NTRF guidance document;  
▪ organize awareness and training programmes for regulators on the 
NRTF guidance document to help them understand and apply GRP, 
RIA and other tools/principles;  
▪ review, together with the designated regulatory authorities, the 
technical regulations currently on the statute books to ensure that 
they comply with the NTRF. Where gaps in effectiveness and 
efficiency, transparency and accountability, proportionality and 
consistency are identified, they should be addressed through TRC 
and corrective measures implemented;  
▪ provide information, advice and guidance that would assist 
Myanmar companies to overcome technical barriers to trade.  
38. Page 58 , 
Paragraph 
3.79 Question:  
Could Myanmar provide a list of national standards to be issued in 2021?  
 
Answer:  
The tentative list of national standards to be issued in 2021 is as follows;  
1. DMMS ISO 21001:2018  
 Educational organizations — Management systems for educational 
organizations — Requirements with guidance for use  
2. DMMS ISO 31000:2018 Risk management — Guidelines  
3. DMMS ISO/TR 31004:2013  
 Risk management — Guidance for the implementation of ISO 31000  
4. DMMS ISO 37001:2016  
 Anti-bribery management systems — Requirements with guidance for 
use 
5. DMMS ISO 14002 -1:2019  
 Environmental management systems — Guidelines for using ISO 
 
 WT/TPR/M/405/Add.1  
 
- 16 - 
 
  - 16 - 14001 to address environmental aspects and conditions within an 
environmental topic area — Part 1: General  
6. DMMS ISO 50004:2020  
 Energy management systems — Guidance for the implementation, 
maintenance and improvement of an ISO 5 0001 energy management 
system  
7. DMMS ASTM D92 -18  
 Flash and Fire point -Testing system by using Cleveland Open Cup  
8. DMMS ASTM D70 -18a  
 Standardized testing system for testing semi -solid asphalt binder 
density (Pycnometer System)  
9. DMMS ISO 9426:200 3- Wood based panels - Determination of 
dimensions of panels  
10. DMMS ISO 16999:2003 - Wood based panels - Sampling and cutting of 
test pieces  
11. DMMS ISO 9424:2003 - Wood based panels - Determination of 
dimensions of test pieces  
12. DMMS ISO 16979:2003 - Wood based panels - Determination of 
moisture content  
13. DMMS ISO 16983:2003 - Wood based panels - Determination of 
swelling in thickness after immersion in water  
14. DMMS ISO 16987:2003 - Wood based panels - Determination of 
moisture resistance under cyclic test c onditions  
15. DMMS ISO 16981:2003 - Wood based panels - Determination of 
Surface soundness  
16. DMMS ISO 16978:2003 - Wood based panels - Determination of 
modules of elasticity in bending and of bending strength  
17. DMMS ISO 16984:2003 - Wood based panels - Determination of tensile 
strength perpendicular to the plane of the panel  
18. DMMS ISO 20585:2005 - Wood based panels - Determination of wet 
bending strength after immersion in water at 70  degrees C or 100 
degrees C (boiling temperature)  
19. DMMS ISO  7170:2005 - Furniture - Storage units - Determination of 
strength and durability  
20. DMMS ISO 38200:2018 - Chain of custody of wood and wood -based 
products  
21. DMMS ISO 9709:2018 - Structural timber - Visual strength grading - 
Basic principles  
22. DMMS ISO 12122 -1:2014 - Timber structures - Determination of 
characteristics values -Part 1: Basic requirements  
23. DMMS ISO 12122 -2:2014 - Timber structures - Determination of 
characteristics values -Part 2: Sawn timber  
24. DMMS ISO 12122 -3:2016 - Timber structures - Determina tion of 
characteristics values -Part 3: Glued laminated timber  
25. DMMS ISO 12122 -4:2017 - Timber structures - Determination of 
characteristics values -Part 4: Engineered wood products  
26. DMMS ISO 12122 -5:2018 - Timber structures - Determination of 
characterist ics values -Part 5: Mechanical connections  
27. DMMS ISO 12122 -6:2017 - Timber structures - Determination of 
characteristics values -Part 6: Large components and assemblies  
28. DMMS ISO 13912:2017 - Structural timber - Machine strength grading -
Basic principles  
29. DMMS ISO 13910:2014 - Timber structures - Strength graded timber - 
Test methods for structural properties  
30. DMMS ISO 16598:2015 - Timber structures - Structural classification 
for sawn timber  
31. DMMS ISO 18100:2017 - Timber structures - Finger -jointed timb er- 
Manufacturing and production requirements  
32. DMMS 25:2020 Standards for beef, frozen beef and offal  
33. DMMS 26:2020 Standards for Chicken, frozen chicken and root liver  
34. DMMS 27:2020 Standards for pork, frozen pork and offal  WT/TPR/M/405/Add.1  
 
- 17 - 
 
  - 17 - 35. DMMS 28:2020 Stan dards for lamb/ goat, frozen lamb/goat and offal  
36. DMMS ISO/IEC 17000:2020 − Conformity assessment — Vocabulary 
and general principles  
37. DMMS ISO/IEC 17029:2019 - Conformity assessment - General 
principles and requirements for validation and verification bodies  
38. DMMS ISO 14064 -1:2018 - Greenhouse gases - Part 1: Specification 
with guidance at the organization level for quantification and 
reporting of greenhouse gas emissions and removals  
39. DMMS ISO 14064 -2:2019 - Greenhouse gases - Part 2: Sp ecification 
with guidance at the project level for quantification, monitoring and 
reporting of greenhouse gas emission reductions or removal 
enhancements  
40. DMMS ISO 14064 -3:2019 - Greenhouse gases - Part 3: Specification 
with guidance for the verification and validation of greenhouse gas 
statements  
41. DMMS ISO 14065:2013 - Requirements for greenhouse gas validation 
and verification bodies for use in accreditation or other forms of 
recognition  
39. Page 66 , 
Paragraph  
3.108  Question:  
Please introduce the internal structure, personnel and budget of Myanmar 
Competition Commission. Members of the Competition Commission of 
Myanmar come from different ministries and commissions, and its chairman 
is concurrently held by the Minister of Commerce. How to ensure it s 
independence in law enforcement in practice?  
 
Answer:  
MmCC is an organization established under the Ministry of Commerce, with 
the Minister of Commerce as its Chair. The MmCC has 11 Commissioners, 6 
of whom fulfill their duties on a part -time basis as th ey hold a full -time job 
as senior government official (or civil servants). Commission meeting are 
held every 3 months and special meetings may be convened as required.  
Competition Policy Division under the Department of Trade is the Office of 
MmCC and the staffs of the Commission are appointed by the Ministry of 
Commerce through the UCSB selection process. Currently, 23 staffs have 
been working for the MmCC.  
The MmCC is receiving a budget from the Government via ministry and this 
budget will be used to fund  the costs of MmCC and all actives under 
competition developed.  
Even through MmCC is organized under the ministry, law enforcement are 
independent because MmCC does not need to toke the prior approval from 
any other higher institutions because making decision. The MmCC makes 
decisions in conformity with more than half of the total numbers of the total 
numbers of the Commissioners who are present at the Commission meeting 
which means that decisions take time.  
40. Page 67 , 
Paragraph  
3.115  Question:  
What will Myanmar government do to protect the intellectual property rig hts 
of foreign companies investing in integrated circuits and related industries?  
 
Answer:  
Myanmar will develop a bill on the protection of the layout designs of 
integrated circuits in the future. It will be after sometimes exercising the 
approved new IP L aws and depended on the demand.   WT/TPR/M/405/Add.1  
 
- 18 - 
 
  - 18 - 41. Page 67 , 
Paragraph  
3.115  Question:  
How to protect the business secrets of foreign e -commerce enterprises in 
Myanmar?  
 
Answer:  
Although Myanmar does not have legislation to protect the trade secrets, 
other general laws can be applied to protect it. For example, the 
Competition Law (2015) can prohibit, among other things, unfair 
competition in general, including disclosure business  secrets, although the 
law itself does not define what can be considered as a business secret.  
42. Page 69 , 
Paragraph  
3.124  Question:  
Does the Trademark Law have specialized articles on geographical 
indications? Or just protect such indications according to the general rules 
of the trademark law?  
 
Answer:  
The protection of Geographical Indications (Gls) is given under the new 
Trademark law (2019) in which the specialized articles on geographical 
indications (GI) in a separate chapter is provided. The Trademark rules and 
GI rules will be issued separately. The GI protection system will be different 
from the Trademark on some facts including application requirements, 
applicants to be entitled, grounds for examination, terms of protection , etc.  
43. Pages 4-5, 
Paragraph 
19 Question:  
What is the specific rice export quota?  
 
Answer:  
During the global pandemic C OVID -19 first wave from Janu, reasonable rice 
export quota had been allowed the export permission based on the proposal 
of individua l rice export company; total rice export permit had been allowed 
to them which accounted 1 million ton in over sea trade and also 50000 ton 
in border trade.  
These were temporary measures during the global pandemic C OVID -19 and 
then such kind of rice export  permit restrictions were liberalized in May 
2020, which mentioned in the WTO Secretariat Report Page 74, Para 4.21.  
In current, rice has been regularly exported without any restrictions.  
44. Pages 4-5, 
Paragraph 
19 Question:  
If the COVID -19 pandemic continues, is it possible for Myanmar to 
implement export restrictions again? What will be the specific measures?  
 
Answer:  
If the COVID -19 pandemic continues and the emergency requirements have 
been occurred, it will be possible for Myanmar to imp lement export 
restrictions. Similar measures mentioned in the above answers may be 
applied.  
45. Page 8 , 
Paragraph 
17 Question:  
In business competition, do Myanmar 's state -owned enterprises enjoy 
special treatments compared with other enterprises? If yes, please clarify 
the legal and policy basis.  
 
Answer:  
In Myanmar, there are some state -owned enterprises which enjoy special 
treatments compared with other enterprise but not all SOEs. Government 
provides some special treatments to those  SOEs for the national interest 
purposes .  WT/TPR/M/405/Add.1  
 
- 19 - 
 
  - 19 - 46. Page 31 , 
Paragraph  
2.28 Question:  
Myanmar enjoys GSP treatment granted by multiple WTO members. What 
about the effect of the above -mentioned treatment?  
 
Answer:  
Myanmar is encouraging the attraction of the effective and efficient foreign 
direct investment for producing and exporting the standard products that 
identified the accorded countries of GSP as a least Developing Country 
(LDC). For using the GSP treatment effectively, Myanmar is making 
assessment on regulatory review on the domestic laws and regulations that 
relevant to trade sector and knowledge sharing programme for the 
development of supply chain and opportunities of the Employment. With 
respect to this effort, Myanmar has the employment opportunities, increase 
in Export earning, encouraged supply chain development and be effective 
on significant poverty alleviation due to enjoying GSP treatment.  
47. Page 33 , 
Paragraph 
2.43 Question:  
As for "machinery, equipment ... and construction materials unavailable 
locally " which government department is responsible for formulating the list 
of the above contents? Is there a mechanism to update or adjust this list?  
 
Answer:  
The investors have to propose the list of materials they want to import 
while applying for a permit or an endorsement. Then, the Proposal 
Assessment Team, which is composed of the investment related 
departments, scrutinizes the list and then the Myanmar In vestment 
Commission accepts it. As for machinery, it is necessary to obtain the 
approval of the Ministry of Planning, Finance and Industry.  
48. Page 33 , 
Paragraph 
2.43 Question:  
According to the Myanmar Investment Law 2016, what specific types of tax 
exemptions related to corporate and income taxes are provided by 
Myanmar for the above companies?  
 
Answer:  
The investment activities included in promoted sectors described in the 
Notification No. 13/ 2017 are provided income tax exemptions. Such 
exemptions are based on zoning system. Investment activities in Zone (1), 
(2) and (3) are granted income tax exemptions for a period of 7, 5 and 3 
consecutive years respectively including the year of commencement of  
commercial operation. In addition, if the ·profit obtained from the 
investment that has obtained a Permit or an Endorsement is reinvested in 
such investment or in any similar type of investment activities within one 
year, income tax exemptions or reliefs are granted. However, the described 
exemptions and reliefs do not apply to businesses operating in special 
economic zones.  
49. Page 65 , 
Paragraphs  
3.102 -
3.103; 
Page 66 , 
Paragraph  
3.105  Question:  
Is Myanmar 's government procurement of construction works all based on 
commercial considerations? What are the systematic and institutional 
safeguards for transparency in government procurement activities?  
 
Answer:  
Myanmar 's government procurement of construction works is also based on 
commerci al considerations.  
In terms of systematic and institutional safeguards for transparency in 
government procurement activities, Myanmar has issued Directive for 
Government Procurement Activities 7/2020 on 28 December 2020.  WT/TPR/M/405/Add.1  
 
- 20 - 
 
  - 20 - 50. Page 65 , 
Paragraphs 
3.102 -
3.104  Question:  
Could Myanmar please elaborate on the specific legislative plan and 
timetable of the Public Procurement and Asset Disposal Law? Will the 
principles of national treatment and non -discrimination be implemented in 
specific areas of gover nment procurement?  
 
Answer:  
As Myanmar is still implementing Public Procurement Reform, Myanmar 
cannot elaborate on the specific legislative plan and timetable of the Public 
Procurement an Asset Disposal Law. After the law has been enchanted, the 
rules, ma nuals, standard biding documents and other revenant documents 
will be prepared. At present, non -discrimination is practiced regarding 
government procurement.  
51. Page 79 , 
Paragraphs 
4.50-4.51 Question:  
At present, Myanmar allows private enterprises to co operate with state -
owned enterprises in mine exploration. Is there any qualifications 
restriction for non -state-owned partners? Can a foreign enterprise act as 
the main body of investment cooperation?  
 
Answer:  
There are qualifications restriction according to the Myanmar Mines Law 
and Regulations. A foreign enterprise can act as the main body of 
investment cooperation according to the Myanmar Investment Law, 2016, 
the Myanmar Companies Law, 2017 and the Myanmar Mines Law.  
52. Page 79 , 
Paragraphs 
4.50-4.51 Question:  
Does Myanmar plan to further liberalize policy restrictions on mine 
exploration in the future? If yes, what is the specific time plan?  
 
Answer:  
Myanmar will continue its consultation process among th e line agencies, 
departments and private sectors for further policy formulation including 
liberalization policy restrictions on mine exploration.  
 
(REPLIES ON GOVERNMENT  REPORT)  
 
9. Page 5 , 
Paragraph  
1.15 Question:  
Whether Traditional Chinese Medicine has played a role for combating 
COVID -19 in Myanmar?  
 
Answer:  
The Department Traditional Medicine have been permitted the qualified and 
safe domestic traditional medicines for the consumers. Regarding the 
permission of traditional medicine and hea lth supplements produced and 
imported from the other countries, there is no specific provision in the 
existing traditional medicine law. In order to give permission and 
supervision the foreign traditional medicine, it is still drafting the new 
traditional medicine law. Therefore, the hospitals and medical centers under 
the Department of Traditional Medicine do not use the Traditional Chinese 
Medicine (TCM) in the treatment of COVID -19. 
10. Page 13 , 
Paragraph  
2.65 Question:  
Myanmar's Competition Law emphasi zes the protection of public interests. 
How to define the scope of "public interests" accurately in the process of 
implementation, and how to handle the relationship between the protection 
of "public interests" and the protection of "consumer interests"?  
Answer:  
As the MmCC, it is viewed that consumer interest means the interest for the 
specific end users who use or consume specific goods or service and public 
interest is wider in scope than consumer interests. Myanmar Competition 
Law emphasizes the whole society than the specific consumers.  WT/TPR/M/405/Add.1  
 
- 21 - 
 
  - 21 - 11. Pages 14-
15, 
Paragraph 
2.74 Question:  
Please clarify the political and economic status of other special economic 
zones in Myanmar, such as the Wa Special Region 2 of Myanmar, and 
whether the relevant preferential investment tax policies of the above three 
special economic zones could be applied to and implemented in Wa Special 
Region?  
 
Answer:  
In 2014, the Government of Myanmar enacted The Myanmar Special 
Economic Zone  Law ( SEZ Law ) to regulate the development and running of 
special economic zones in Myanmar ( SEZs ). The law is aimed at helping the 
country develop economic momentum and to bring about improvements in 
the goods processing, trading and services sectors. It is also hoped that the 
developm ent of SEZs  will facilitate technology transfer and workforce 
education and training.  
There are currently three SEZs under development in Myanmar: Kyauk 
Phyu SEZ in Rakhine State, Dawei SEZ in Thanintharyi Region and Thilawa 
SEZ in Yangon Region.  
Myanmar S EZs are similar to special economic zones established in other 
countries such as the Shenzhen Special Economic Zone in China.  
The Myanmar SEZ Law is a basic law for any SEZ within Myanmar. The main 
regulatory body handling foreign investment under the Myan mar SEZ Law is 
the Central Body for the Myanmar SEZ.  
The Myanmar SEZ Law contains provisions relating to the exempted zone, 
business promoted zone, other zone, exempted zone business, other 
business, developers and investors, exemptions and reliefs, restri ctions, 
duties of developers or investors, land use, banks and finance management 
and insurance business, management and inspection of commodities by the 
customs department, quarantine, labour and guarantee of non -
nationalization, dispute resolution, WHT, bank and financial management 
and insurance business, etc.  
Incentives under the Myanmar SEZ Law include:  
For investors:  
• Income tax holidays for the first seven years starting from the date 
of commercial operation in respect of those investment businesses 
operated in an exempted zone or exempted zone businesses.  
• Income tax holidays for the first five years starting from the date of 
commercial operation in respect of those investment businesses 
operated in a business promoted zone or other business in a 
promo ted zone.  
• 50% income tax relief for the investment businesses operated in an 
exempted zone and a business promoted zone for the second five -
year period.  
• For the third five -year period, 50% income tax relief on the profits 
of the business if they are mainta ined for re -investment in a reserve 
fund and re -invested therein within one year after the reserve is 
made.  
• Exemption on customs duty and other taxes for raw materials, 
machinery and equipment, and certain types of goods imported for 
investors in exempted zones; whereas, for investors in prompted 
zones, exemption on customs duty and other taxes for the first five 
years in respect of machinery and equipment imported that are 
required for construction starting from the date of commercial 
operation, followed b y 50% relief of customs duty and other taxes 
for a further five years.  WT/TPR/M/405/Add.1  
 
- 22 - 
 
  - 22 - • Carry forward of loss for five years from the year the loss is 
sustained.  
For developers:  
• Income tax holidays for the first eight years starting from the date 
of commercial operation.  
• 50% income tax relief for the second five -year period.  
• For the third five -year period, 50% income tax relief on the profits 
of the business if they are maintained for re -investment in a reserve 
fund and re -invested therein within one year after the reserve is 
made.  
• Exemption on customs duty and other taxes for raw materials, 
machinery and equipment, and certain types of goods imported.  
• Carry forward of loss for five years from the year the loss is 
sustained.  
If an investor or a developer would in vest in any SEZ of Myanmar, the 
relevant preferential investment tax policies of the above three special 
economic zones could be applied to and implemented in SEZ. Otherwise, 
they can enjoy relevant tax benefits and incentives according to Myanmar 
Investme nt Law (2016) which is a consolidation of the Myanmar Citizen 
Investment Law (2013) and the Myanmar Foreign Investment Law (2012).  
If there is SEZ in the Wa Special Region 2 of Myanmar, they can enjoy the 
relevant preferential investment tax policies of th e above three special 
economic zones. It is mandatory to submit the application to Central Body 
of Myanmar Special Economic Zone in order to implement in Wa Special 
Region to apply the relevant preferential investment tax policies.  
12. Page 17 , 
Paragraph 
3.4 Question:  
Please specify which goods were subject to tariff increase and to what 
extent?  
 
Answer:  
Proposals for the tariff increasing are requested to respective stakeholders. 
The consultation sections would be held after comments received. The tariff 
rate obligation could not be determined for amendment.  
13. Page 19 , 
Paragraph  
3.25 Question:  
Could Myanmar provide a timetable indicating when will the new 
Standardization Law be issued and implemented?  
 
Answer:   
The new Standards law is now finalized by the Union Attorney General 
Office (UAGO) for the legal point of view and It will be submitted to Ministry 
for proceed of internal processes.  
14. Page 19 , 
Paragraph 
3.25 Question:  
When will Myanmar's National Standardization Development Strategy be 
finalized? How to access to it?  
 
Answer:  
Myanmar's National Standardization Development Strategy has been 
drafting and need to be seeking stakeholders ' engagement. DRI intend to 
finalize Developing National Standardization Strategy in 2021.  
15. Page 4 , 
Paragraph 
1.7 Question:  
Could Myanmar explain what kind of safeguard measures it has taken  or will 
take to ensure the security of FDI in infrastructures and other sectors?  
 
Answer:  
Under section 47 (a) and (b) of the Myanmar Investment Law (MIL}, the 
Government accords same treatment to Foreign investors and their direct WT/TPR/M/405/Add.1  
 
- 23 - 
 
  - 23 - investments not only as  to Myanmar citizens but also as to investors of any 
other country.  
Under section 48 (a) and (b) of MIL, the Government also guarantees to the 
investors fair and equitable treatment concerned with the right to obtain the 
relevant information on any measur es or decision which has a significant 
impact on the investors and their direct investments, and the right to due 
process of law and the right to appeal on similar measures, including any 
change to the terms and conditions under any license, a Permit or an  
Endorsement granted by the Government to the investors and their direct 
investments.  
In addition, the Government guarantees not to nationalize any investment 
carrying out in accordance with the law under section  52. Except the 
following conditions, the Government guarantees not to take any measures 
which expropriate or indirectly expropriate or is likely to effect a result in 
the termination of an investment:  
a) necessary for the public interest;  
b) in a non -discriminatory manner;  
c) in accordance with due process of law;  
d) on payment of prompt, fair and adequate compensation . 
16. Page 13 , 
Paragraph 
2.58 Question:  
Could Myanmar please explain whether the grievance mechanism has been 
established? If so, please elaborate on its scope of appl ication, procedures 
and methods?  
 
Answer:  
The Notification No. 9/2020 concerning the Investor Grievance Mechanism 
was issued and the Investor Grievance Mechanism Committee was formed 
on 21 December 2020 with the Notification No. 21/2020. The Committee is 
responsible for any potential dispute betwe en the investor and the Union. 
The procedures for implementing the Investment Grievance Mechanism are 
under the process.  
17. Page 18 , 
Paragraph 
3.16 Question:  
Please explain the positive effects of implementing import license list 
management, including w hether it is conducive to the market -oriented 
reform on domestic prices and the development of related downstream 
industries in Myanmar.  
 
Answer:  
By issuing the non -automatic license and liberalization of the automatic 
license for importation, saving time and cost for the importers as well as for 
the local producers are the positive effects of implementing import license 
list management.  
18. Page 18 , 
Paragraph 
3.16 Question:  
Does the relaxation of market access for foreign commodities have a certain 
impact on related domestic sectors?  
 
Answer:  
At present, the commodities from other countries, except the prohibited 
ones, are allowed to import. The prohibited items are gradually liberalized 
to be imported. With the relaxation of market access fo r such kind of 
foreign commodities, there are some impacts on the related domestic 
sectors such as changing the pattern of consumers ' preference and facing 
more competition.   WT/TPR/M/405/Add.1  
 
- 24 - 
 
  - 24 - 19. Page 19 , 
Paragraph 
3.17 Question:  
How convenient is the system of TradeNet 2.0? Is there a quantitative 
evaluation on the time, costs saved, and the amount of declaration 
materials required?  
 
Answer:  
Trader can apply not only export/import licenses but also, they can use 
other related activities such as exporter/importer  registration, business 
registration and wholesale/retail registration via Tradenet 2.0 system.  
By using Tradenet 2.0 system, traders can save at least 25$ for each import 
and export license including transportation fee. In addition, traders can get 
the license within 30 minutes if there is a complete information in the 
license applying stages. The system integrates with the line departments 
with the online system, so it reduces the numbers of requirement document 
than the manual process for license applic ation.  
20. Page 19 , 
Paragraph 
3.25 Question:  
Could Myanmar explain whether mandatory standards for various sectors 
will be formulated and issued during the development of the standardization 
strategy? Has Myanmar defined the priority and compatibility of  the 
standards when both Myanmar national standards and other national 
standards exist at the same time?  
 
Answer:  
The mandatory standards (Technical Regulations) will be formulated by the 
relevant ministries by referring Myanmar Standards for the sectors o f food 
safety, health safety, consumer protection, environmental protection and 
national security.  
Yes, Myanmar will define the priority and compatibility of the standards 
when both Myanmar national standards and other national, international 
and regional  standards exist at the same time.  
21. Page 27 , 
Paragraph 
3.98 Question:  
Please specify the countries involved in the ease of visa requirements and 
the specific contents of the eased requirements. Is there any plan to further 
ease visa requirements? If so, please brief on the plan and the timetable.  
 
Answer:  
1. List of Visa Exemption Countries with Myanmar  
No. Country  Diplomatic/ Official Passport 
Holders  Ordinary Passport 
Holders   
Duration of Stay  Duration of Stay  
1 Brunei Darussalam  14 days  14 days  
2 Cambodia  30 days  14 days  
3 Indonesia  14 days  14 days  
4 Lao PDR  30 days  14 days  
5 Malaysia  30 days   
6 Philippines  30 days  14 days  
7 Singapore  30 days  30 days  
8 Thailand  30 days  14 days  
9 Viet Nam  30 days  14 days 
10 Bangladesh  90 days   
11 Belarus  30 days   
12 Brazil  30 days   
13 Columbia  30 days   
14 China  30 days   
15 India 90 days   
16 Japan  90 days  (Diplomatic Passport Only)   
17 Korea (Democratic People's Republic of 
Korea)  30 days   
18 Korea (Republic of Korea)  90 days   
19 Mongolia  30 days   
20 Morocco  90 days   
21 Nepal  90 days   
22 Russian Federation  90 days   
23 Sri Lanka  90 days   WT/TPR/M/405/Add.1  
 
- 25 - 
 
  - 25 - Visa on Arrival  
2 Eligible Visa Types  
(Type of Visas)  (Duration of Stay)  (Visa Fees)  
Business Visa  70 days USD 50  
Workshop/Seminar/Meeting/Research Visa  28 days  USD 40  
Transit Visa  24 hours  USD 20  
Crew Visa  28 days  USD 40  
Tourist Visa  30 days  USD 50  
 
3 Eligible Countries  
Passport holder from the following countries and Taiwan are eligible to apply 
Visa On Arrival for Business Visa, Workshop/Seminar/Meeting/Research 
Visa, Transit Visa and Crew Visa:  
 
Australia  Cyprus  India Luxembourg  Romania  UK 
Austria  Croatia  Indonesia  Malaysia  Russian Federation  United States  
Belgium  Denmark  Italy Malta  Switzerland  Ukraine  
Brazil  DPRK  Ireland  Norway  Singapore  Viet Nam  
Brunei 
Darussalam  Estonia  Israel  New Zealand  South Africa    
Bulgaria  France  Japan  Netherlands  Spain    
China  Finland  Korea  Nepal  Sweden    
Canada  Germany  Lao PDR  Poland  Slovakia    
Cambodia  Greece  Latvia  Philippines  Slovenia    
Czech  Hungary  Lithuania  Portugal  Thailand    
 
Passport holder from the following countries are eligible to apply Visa On 
Arrival for Tourist Visa:  
China  Italy Australia  Germany  
India Spain  Switzerland  Russian Federation  
(Remark : The issuance of Tourist On Arrival Visa for Italian, Spanish, 
Australian, Swiss, German and Russian tourists started on 1 October 2019.)  
 
4 The Required Terms and Conditions for VISA ON ARRIVAL  
The applicant shall – 
• Have a valid passport not expiring for at least 6 months from the date 
of entry into Myanmar.  
• Bring two recent (4cm x 6cm) colour photos taken within the past six 
months.  
• Have the letter of invitation from the sponsoring company in the event 
of first trip of business study. (Stay cannot be extended.)  
• Be required to produce copies of company registration/business license/ 
evidence of permission to do business issued by the ministries 
concerned together with the application if he is working in Myanmar.  
• Fully mention the name of the factory, location, the sponsor and the 
position he holds if he is doing business with business visa.  
• Apply for extension of visa with the recommendation of the ministries 
concerned as well as in accordance with the existing pro cedures if he is 
doing business with business visa.  
• Produce letter of invitation by the ministries concerned if he is going to 
attend meetings, workshops, events and ceremonies.  
• Not be allowed to engage in any sort of work with or without charges 
apart fro m the professions mentioned in the visa application form.  
• Produce air ticket to the destination if he is applying for transit visa.  WT/TPR/M/405/Add.1  
 
- 26 - 
 
  - 26 - • Stay at the hotels, motels and guest houses holding legal licenses 
issued by Myanmar Government, and factories and workshops  legally 
permitted as well as human dwellings; and exactly mention the address 
he will stay at.  
• Make a promise to strictly abide by the existing laws, rules, procedures, 
orders and directives issued by Myanmar Government.  
• Have under -seven -year-old children  accompanying parents in the 
passport granted visa free of charge; be able to produce the evidence of 
parent -children relationship if the children are holding separate 
passport.  
• Not be allowed to travel to the restricted areas without seeking prior 
permiss ion. 
• Report to the office of the township Immigration and National 
Registration Department concerned at which he stays within Myanmar 
mentioning the address of hotels, motels, guest houses, factories and 
workshops legally permitted as well as human dwellin gs. 
• Depart to the country which he has travelled from by the arrangement 
of the airline he is using if he is denied entry.  
• Abide by the decision of the On Arrival Visa Scrutiny and Issuing Team.  
• Apply for Visa On Arrival at Airport Immigration Section obta ining the 
application form either from the airlines in Myanmar or the following 
website www.mip.gov.mm  of the Ministry of Immigration and 
Population.  
For further ease visa  requirements, Myanmar continues to review this 
matter time by time.  
22. Page 32 , 
Paragraph 
5.6 Question:  
In view of FDIs, please explain what mechanisms or measures Myanmar will 
take to provide strong and effective safeguards to FDIs.  
 
Answer:  
We will take the Investor Grievance Mechanism and aftercare services to 
provide strong and effective safeguards to FDIs. The Investment Monitoring 
Division is responsible for aftercare servi ces and is developing the Online 
Investment Monitoring System to be more efficient and effective.  
 
(OTHER QUESTIONS)  
 
5. Other 
Questions  Question:  
Please explain the domestic tobacco consumption and taxation policies of 
imported tobacco products. As a substitute plant in the anti -drug zone, what 
guidance does the government provide for tobacco cultivation?  
 
Answer:  
According to the FAO database, raw tobacco production in Myanmar 
decreased from 74,122 ton nes in 1986 to 27,352 tons a year in 2016, and 
the area harvested for tobacco decreased from 61,489 hectares in 1985 to 
14,916 hectares in 2016. The area harvested for local tobacco also decreased 
from 54,000 acres to 32,000 acres, and production declined from 37.8 ton nes 
to 24.3  tonnes in 2006 -2017. With the above -mentioned data, the tobacco 
production in Myanmar is decreasing. Therefore, it is expected to decrease 
the domestic tobacco consumption.  In Myanmar, 54.4 % of adults use some 
form of tobacco: 26.1 % of adults are current tobac co smokers and 43.2 % of 
adults currently use smokeless tobacco in 2016.  
According to the Union Taxation Law and Article 6 of the Specific Goods Tax 
Law, if specific goods are locally -produced and sold, it shall be on the value 
determined by the Management Committee of the Internal Revenue 
Department. In case of import, special excise tax will be levied on the land 
value. The following taxes apply to tobacco products:  
 
 WT/TPR/M/405/Add.1  
 
- 27 - 
 
  - 27 - No. Type of Specific Goods  Price level  Tax Rate  
1. (a) Assorted Cigarette  If the price i s up to 600 kyat per pack containing 
20 cigarettes  9 kyat per cigarette  
 (b) Assorted Cigarette  If the price is 601 -800 kyat per pack containing 20  cigarettes  18 kyat per cigarette  
 (c) Assorted Cigarette  If the price is 801 -1000 kyat per pack containing 
20 cigarettes  23 kyat per cigarette  
 (d) Assorted Cigarette  If the price is 1001kyat and above per pack containing  20 
cigarettes  26 kyat per cigarette  
2. Tobacco   60% 
3. Processed Virginia Tobacco   60% 
4. Cheroot   0.80 kyat  per cheroot  
5. Cigar  80% 
6. Pipe Tobacco   80% 
 
Myanmar is trying to strengthen tobacco related policies and regulations of 
tobacco agriculture to prevent deforestation and land degradation  as well as 
to provide timely and regular information and data on the environmental and 
health risks of tobacco throughout production and distribution.  
6. Other 
Questions  Question:  
Please introduce the legislative background and details of the implementation 
measure s of the Trademark Law?  
 
Answer:  
The new Trademark law was adopted on 30January 2019, which foresees a 
standard term of protection of 10 years (renewable). The Law introduces the 
first to file system for application and pre -grant opposition system. After 
granting, invalidation and cancellation can be also applied. An advance "soft 
opening " of the system inf the form of the collection of applications using 
online filing (WIPO File) for old trademarks started on the basic of Order 
No.63/2020 issued by MoC since (1 -10-2020). After enforcing the Trademark 
Law, the trademark registration will op en officially (as Grand Opening). All 
trademark owners can apply their trademark application directly at the IPD 's 
reception counter as well as via online (WIPO File account users).  
It has been prepared the implementing rules and regulations of the 
Tradema rk Law as well as the operationalization of the trademark registration 
system.  
7. Other 
Questions  Question:  
How does Myanmar define public air transport and general aviation? Are 
there any different economic and safety management policies, or relevant 
laws and regulations on public air transport and general aviation?  
 
Answer:  
Myanmar defines public air transport and general aviation as follows:  
"Public transport " means all carriage of persons or things effected by aircraft 
for a remuneration of  any nature whatsoever, and all carriage of persons or 
things effected by aircraft without such remuneration if the carriage is 
affected by an air transport undertaking;  
"General aviation operation " An aircraft operation other than a commercial air 
transpo rt operation or an aerial work operation.  
For economic and safety management of public air transport and general 
aviation, the Myanmar Aircraft Act (1934), the Myanmar Aircraft Rules 
(1937), the Myanmar Aircraft Rules (2018), MCAR Part 1 (Air Operator 
Certification and Administration), MCAR Part 8 (Operations of Commercial Air 
Transport) and MCAR Part 12 (Operations of General Aviation Aeroplane) 
have been adopted. (MCAR – Myanmar Civil Aviation Requirement)  
As regards investments, all types of commercial a ir transport including public 
air transport are applied by the State -owned Economic Enterprises law 
(1989), Myanmar Investment Law (2016) and foreign equity ratio capped by 
the Ministry of Transport and Communications (MOTC).  WT/TPR/M/405/Add.1  
 
- 28 - 
 
  - 28 - 8. Other 
Questions  Question:  
Please specify Myanmar's policy and mode of charge management for public 
air transport, general aviation tariff and charge management.  
 
Answer:  
Myanmar has not a written policy regarding aviation tariffs and charges till 
now. For international ai r transport, it follows relevant provisions in bilateral 
or regional air services agreements. For domestic air transport, it doesn't 
regulate tariffs and charges.  
9. Other 
Questions  Question:  
What support policies does the Myanmar government have for civ il airports, 
regional aviation, international routes, general aviation and cargo aviation? 
Please brief on the source of funds and the standards and methods of 
subsidies.  
 
Answer:  
Myanmar has not established support policies for civil airports, regional 
aviation, international routes, general aviation and cargo aviation. In this 
regard, no data is available on  the source of funds and the standards and 
methods of subsidies.  
10. Other 
Questions  Question:  
Are there any policies that regulate domest ic air transport subsidies?  
 
Answer:  
Myanmar has yet to establish policies regarding domestic air transport 
subsidies.  
11. Other 
Questions  Are there any policies that restrict other countries' air transport subsidies?  
 
Answer:  
Myanmar has no specific policies that restrict other countries' air transport 
subsidies, and follows relevant provisions in bilateral or regional air services 
agreements in this regard.  
12. Other 
Questions  Question:  
Please introduce Myanmar 's policy on flight schedule management, and the 
methods and procedures for obtaining flight schedules.  
 
Answer:  
All airlines which operate international air services to and from Myanmar are 
required to submit their schedules for approval to the Department of  Civil 
Aviation (DCA) at least (30) days prior to each IATA season. Airlines 
operating domestic air services are also submitting their weekly schedules to 
the DCA.  
13. Other 
Questions  Question:  
Please brief us on Myanmar 's airspace management system and the operation 
mode of air traffic control.  
 
Answer:  
A single Flight Information Region (FIR) comprising four sectors is deployed. 
In the FIR, Flight information Services, Alerting Services and Air Traffic 
Control Services are provided by Air Navigation Ser vices Division under the 
Department of Civil Aviation (DCA).  
14. Other 
Questions  Question:  
Does Myanmar have access restrictions on foreign investments in general 
aviation, air traffic control, aircraft maintenance, air ground services, aviation 
fuel, passenger and freight forwarding, computer reservation systems and 
other civil aviation transport services? Please specify the legal basis of sector 
management and foreign investment access management in the above fields. 
Are there any access restric tions on civil aviation other than the above fields? 
If yes, please provide the legal basis.  
 
 WT/TPR/M/405/Add.1  
 
- 29 - 
 
  - 29 - Answer:  
Foreign investments are not allowed in air traffic control services. For 
investments in aircraft repair and maintenance services, aircraft line 
maintenan ce services, ground handling services, ramp handling services, 
passenger handling services, cargo handling services, freight forwarding 
services and computer reservation systems, investors need approvals from 
the Ministry of Transport and Communication (MO TC) which will assess their 
business proposals. For investments in civil aviation training services, airport 
hotel services, selling and marketing of air transport services, aircraft leasing 
without crew services, aircraft leasing with crew services, bagga ge handling 
services, airport security services, and airport constructions, maintenances, 
managements and operations, investors also need approvals from the MOTC. 
With regard to aviation fuel services, investors need approvals from the 
MOTC and the Ministr y of Electricity and Energy. For operating international 
and domestic air transport services, an approval from the government is 
required before securing an investment permission and air operator 
certificate. Please refer to the State -owned Economic Enterp rises Law (1989), 
Myanmar Investment Law (2016) and Notification No.  15/2017 issued by 
Myanmar Investment Commission, as legal basis for foreign investment 
access management. Regulations regarding air transport auxiliary services 
are being drafted by the D CA, at present.  
15. Other 
Questions  Question:  
Please explain the scopes, management responsibilities and legal bases of 
Myanmar 's civil aviation authorities and other relevant authorities in anti -
monopoly reviews in civil aviation.  
 
Answer:  
Anti-monopoly reviews have not been conducted in civil aviation yet. Under 
the Competition Law (2015), the Myanmar Competition Commission (MmCC) 
is the competent authority for anti -monopoly reviews in all sectors including 
civil aviation. When anti -monopol y reviews are conducted in the civil aviation 
by MmCC, the Department of Civil Aviation (DCA) will work closely with the 
MmCC.  
  WT/TPR/M/405/Add.1  
 
- 30 - 
 
  - 30 - 6  EUROPEAN UNION  
24. Pages 8-9,  
Paragraph 18  Question:  
Could Myanmar specify which concrete steps will be taken to 
ensure that a new reform of intellectual property rights legislation, 
including the Design Act, the Trademark Act, the Patent Act and the 
Copyright Act, will not become potential technical barriers to trade? 
Could Myanmar clarify whether there is a time ho rizon in which 
Myanmar intends to notify the WTO of these changes and to publish 
data on how to implement the new reforms and enforce the 
protection of intellectual property rights?  
 
Answer : 
Myanmar developed its intellectual property rights legislation in  line 
with the TRIPS Agreement and WIPO conventions with the 
objective to facilitate trade including trade in knowledge and to 
enhance creativity and innovation.  
 
Myanmar plans to implement its IP laws on a step by step basis so 
that the new lP laws do no t become potential barriers to trade. 
Implementation will start with the Trademark registration this year, 
followed by the Industrial Design, Copyright registration, Patent 
and Geographical indication (Gl) registration.  
 
Myanmar intends to notify the WTO a bout developments in its IP 
regime once the regulatory framework is in place.  
25. Page 24,  
Paragraph 2.8  Question:  
Could Myanmar present the measures that are taken to address 
corruption? What is the Anti -corruption strategy that Myanmar 
intends to follow?  
 
Answer:  
Myanmar ratified the United Nations Convention against Corruption 
(UNCAC) on 20 December 2012 and adopted a new Anti -Corruption 
Law (No.23/2013) to implement anti -corruption activities in 
accordance with international standards as a member  of UNCAC. 
The new Anti -Corruption Law repealed the Anti -Corruption Act 
1948. Myanmar, further, established an Anti -Corruption 
Commission in 2014 in accordance with the Anti -corruption Law.  
The Commission developed a four -year Strategic Plan (2018 -2021) 
to promote clean government and good governance with annual 
anti-corruption action plans to raise awareness to fight, prevent 
and investigate corruption. The Commission exercises its 
responsibilities and powers in accordance with the provisions of the 
law and investigates and takes action against corruption across the 
country. A follow up National Anti -Corruption Strategy is envisaged 
upon the completion of the current one.  
26. Page 25,  
Paragraph 2.12  Question:  
What steps is Myanmar planning to take with r egards to its financial 
market for it to be more transparent and interconnected with other 
countries?  
 
Answer:  
The ongoing efforts to develop, upgrade and digitalize Myanmar's 
financial and banking sector including introducing the CBM -Net2 
aim to modernize the sector, enhance transparency and develop 
interconnectedness.  WT/TPR/M/405/Add.1  
 
- 31 - 
 
  - 31 - 27. Page 25,  
Paragraph 2.13, and 
Table 3.6 (page 45) 
and Table 3.7 
Export (page 51)  Question:  
As regards export and import licenses, does Myanmar have any 
policy to ensure inter-ministerial coordination if one product 
requires more than one license? For example, if a product requires 
an import license and an import recommendation from another 
ministry.  
 
Answer:   
Myanmar's inter -ministerial coordination mechanism facilitates 
coordination among government agencies in an effort to facilitate 
trade. In addition, Myanmar is reviewing its import licensing regime 
with the objective to streamline its import licensing procedures.  
28. Page 29,  
Regional and 
preferential 
agreements  Question:  
Myanmar is one of the countries of the Regional Comprehensive 
Economic Partnership (RCEP) signed on 15  November 2020.Could 
Myanmar clarify the main challenges and expected benefits for 
Myanmar, including the impact of RCEP on Myanmar's t rade policy 
developments, and the impact on its domestic legislation for the 
areas covered by the agreement such as public procurement, 
intellectual property, investment, e -commerce.  
 
Answer:  
RECP builts on the existing ASEAN+1 FTAs with the spirit to 
strengthen economic linkages and to enhance trade and investment 
as well as to advance the economic cooperation among the parties.  
 
The diverse level of development among the parties to the 
Agreement was and still remains one of the challenges. However, 
special and differential treatment and additional flexibilities 
including longer transition periods for LDCs like Myanmar were 
designed to help address the development gap. The longer 
transition periods in e -commerce, for example, will allow Myanmar 
to boost  its competitiveness while engaging in cross -border e -
commerce.  
 
Myanmar expects to benefit greatly not only from enhanced market 
access to one of the world's ambitious mega RTAs and to integrate 
more easily in regional and global supply value chains but a lso to 
benefit from being part of the forward looking agenda of the 
Agreement on matters such e -commerce. Myanmar embraces the 
impetus to further develop and reform its trade related regulatory, 
institutional and policy frameworks in compliance with its 
commitments under RCEP. The recent developments and reforms to 
Myanmar's IP regime, competition and consumer protection 
framework, investment regime and the digitalization drive more 
generally led to improved laws and regulations that have a positive 
impact on Myanmar's trade and investment regime for the benefit 
of Myanmar's trading partners, not only RCEP partners.  
 
In addition, cooperation and support according to Chapter 16 of the 
Agreement offer the opportunity for Myanmar to enhance its 
competencies and  exchange views with its partners on pertinent 
trade developments.  
 
Myanmar expects that RCEP will boost the development of regional 
trade including e -commerce, which includes the facilitation of 
paperless trading, electronic authentication and electronic 
signatures, as well as the protection of online personal information. 
Myanmar anticipates that RCEP will significantly accelerate the 
digitalization push of the cross -border e -commerce supervision 
system and bolster the digital trade which covers paperless  trade, WT/TPR/M/405/Add.1  
 
- 32 - 
 
  - 32 - electronic authentication and electronic signature. In addition, with 
the signing of the RCEP, foreign trade enterprises will be able to 
expand their footprint in the ASEAN countries including Myanmar.  
In developing and reforming its trade regime, the Government will 
continue to take account of Myanmar's regional and multilateral 
commitments while remaining mindful of the level of commitments 
that it is going to make under on -going trade negotiations at the 
WTO and other fora.  
29. Page 34,  
Paragraph 2.47  Question:  
Could Myanmar clarify which accounting standards Myanmar is 
currently implementing? What are the criteria for the Revenue 
Department to conduct a tax audit? Does Myanmar envisage a 
reform of the accounting system?  
Does Myanmar envisage to promote the accounting standards 
implemented for registered companies/partnerships?  
 
Answer:  
Myanmar is currently using Myanmar Accounting Standards and 
Myanmar Financial Reporting Standards. Myanmar Accountancy 
Council (MAC) has a lready issued two notifications for PIEs and 
SMEs (Notification No.  18/2018 dated 4 July 2018 and Notification 
No. 19/2018 dated 4 July 2018) to apply and implement the IFRS 
(Full Version) and IFRS for SMES for compliance starting from 
Financial year 2022/ 2023 - An earlier adoption and application is 
allowed.  
 
In the Coming 2022/ 2023 financial year, Public Interest Entities 
shall use IAS/IFRS Standard in their financial accounts.  
 
The criteria to conduct a tax audit depends on risk criteria of 
revenue loss . Myanmar takes a reform of Accounting Standards for 
the whole country. Myanmar envisages to promote accounting 
Standards implemented for registered companies.  
 
The new Draft Income Tax law, which was submitted to Parliament, 
provides accounting standards that businesses need to follow. 
According to the draft law, small business may account on cash 
basis. Other businesses including government agencies are 
required to account on cash basis in accordance with International 
Financial Reporting Standards (IFRS) , but subject to amendment or 
provisions of the Income Tax Law.  
30. Page 36,  
Paragraph 2.56  Question:  
Could Myanmar clarify if there are rules or regulations that protect 
the foreign investment for countries that do not have a Bilateral 
Investment Agreement with Myanmar?  
 
Answer:  
Investments from countries which do not have bilateral investment 
agreements with Myanmar are protected under the Myanmar 
Investment Law (MIL) adopted in 2016. In fact, both domestic and 
foreign investors and the ir investments are protected under the 
MIL. 
31. Page 38,  
Paragraph 3.8  Question:  
Could Myanmar please explain how this is consistent with Article 
1.1(d) of the Customs Valuation Agreement?  
 
Answer:  
Article 1.1(d) of the  WTO Customs Valuation Agreement  concerns 
the case that the buyer and seller are related.  WT/TPR/M/405/Add.1  
 
- 33 - 
 
  - 33 - According to Article 15, even when the seller and buyer are 
related,  where  this relation does not affect the price and the test 
value could be shown, this v alue is acceptable.  
Article 1.1(d) of the WTO Customs Valuation Agreement concerns 
the case that the buyer and seller are not related. Together with 
Article 2 of the CVA it establishes the principle that even in this 
case the transaction value shall normally be accepted, unle ss there 
is reason to believe that the relationship affected the price, i.e., 
that the sale was not performed at arm's length.  
 
According to Article 15, even when the seller and buyer are related, 
this relation does not affect the price and the test value could be 
shown, this value is acceptable. This aims to implement the said 
provisions of the CVA . 
32. Page 42,  
Paragraph 3.22  Question:  
Table 3.3 provides the summary analysis of the preferential tariff. 
Could Myanmar provide an overview of the preferenti al tariffs 
agreed under the recently concluded Regional Comprehensive 
Partnership in Table 3.3?  
 
Answer:  
RECP is expected to progressively liberalize or eliminate tariffs over 
a period of 20 years. Under the RCEP Agreement, Myanmar 
schedule of tariff commi tment is based on the MFN rate in effect 
since 1 January 2014 (AHTN 2012) version of the national tariff 
nomenclature of Myanmar.  
 
The total tariff lines of Myanmar under RCEP were 9821 and 30% of 
total tariff lines will be eliminated at the date of entry into force of 
the Agreement. Myanmar will eliminate 86% of total tariff lines 
within 13, 15 and 20 years after entry into force of the Agreement. 
The remaining tariff lines relate to sensitive, highly sensitive and 
exclusion lists.  
33. Page 49,  
Paragraph 3.37  Question:  
Regarding the Safeguard Law, could Myanmar clarify the planned 
arrangements for implementing of this law?  
 
Answer:  
Arrangements to implement the Law are still under consideration. 
Current efforts are centered at the moment on preparing the rules, 
guidelines, forms and on establishing the institutional structure (the 
Safeguards Committee). In addition, efforts are under way to 
enhance the competencies and training of relevant government 
officials and raise awareness for both public and private sector 
stakeholders.  
34. Page 59,  
Paragraph 3.83  Question:  
With regards to the statement that "no foreign testing laboratories 
have been accredited, and no accredited certification body exists", 
could Myanmar confirm that it recognizes products with a certificate 
issued by accreditation bodies of other countries?  
 
Answer:  
At present, there is no product certification body which is 
accredited by foreign accreditation bodies in Myanmar.  
 
Question:  
Is Myanmar considering granting accreditation to foreign 
laboratories and certification bodies within the scope of the above -
mentioned Accreditation Action Plan (2020 -25)? If yes, could 
Myanmar clarify if it has already selected entities and a timetable 
for particular steps that would lead to the recognition of selected WT/TPR/M/405/Add.1  
 
- 34 - 
 
  - 34 - entities?  
 
Answer:  
Currently, the Myanmar Accreditation Body (M AB) grants the 
national recognized accreditation certificates to national 
laboratories. MAB plans to provide product certification body and 
management system certification body accreditation in 2022.  
35. Sanitary and 
phytosanitary 
measures  As regards SPS matters, could Myanmar notify its SPS Operating 
Procedures (SOP) of December 2019 to the WTO? The current text 
in force is apparently only in Burmese.  
 
The Standard Operating Procedures (SOPs) for export and import of 
plants and plant products are described in the Plant Quarantine 
Section under the PPD website: www.ppdmyanmar.org .  
 
Myanmar confirms its intention to notify its SPS Operating 
Procedures to the WTO.  
36. Page 61,  
Paragraph 3.89  Question:  
Could Myanmar clarify the purpose and objectives of certificates 
issued by FDA for processed food? Are there health certificates and 
what are the main provisions of these certificates?  
 
Answer:  
The purpose of certificates issued by FDA is to conduct pre 
assessment of the product for its safety and quality status. The 
main provisions for Health Certificates are contained in para 22 of 
Chapter 10 of the National Food Law which reads as follows:  
  
22. No one shall produce import, export, store, d istribute or sell 
the following food; - 
a) food that may be poisonous, dangerous or injurious to the 
health of the consumer;  
b) food wholly or partly substituted our adulterated so as to 
affect or endanger the nature, substance or quality of the 
food; 
c) food in whi ch food additive is used in excess or the 
prescribed limit;  
d) food containing agricultural chemicals in excess of the 
maximum permissible level determined by the authority 
concerned;  
e) food containing substance prohibited or not allowed by the 
authority concer ned; 
f) food containing putrid, deteriorated substance or substance 
unfit for human consumption;  
g) food differing from standards;  
h) food, on the label of which property not included in it is 
wrongly stated;  
i) food, which does not include the information to he state d- 
as determined by the relevant Government department or 
organization which is authorized to issue the licence.  
37. State trading, state -
owned enterprises, 
and privatization  Question:  
With regard to improving the 
management/restructuring/privatization of state -owned 
enterprises, could Myanmar indicate a timetable for the next steps?  
 
Answer:  
Myanmar will endeavor to share information regarding next steps 
when those become available.  WT/TPR/M/405/Add.1  
 
- 35 - 
 
  - 35 - 38. Page 66,  
Paragraph 3.104  Question:  
Could Myanmar clarify what are the criteria for foreign companies 
to participate in the tender. Whether foreign companies  can 
participate in the tender only when an authorized domestic supplier 
cannot provide the goods and services? What ar e the conditions for 
foreign companies proposed in the draft Public Procurement and 
Asset Disposal Law? Does Myanmar foresee a  liberalization in this 
regard?  
 
Answer:  
Foreign companies are treated equally compared with domestic 
companies in public procurem ent. Moreover, there is no specific 
section regarding preferential treatment to domestic companies 
compared with foreign companies in the Presidential Directive 
(1/2017) "Tender Procedure for Procurement of Civil Works, Goods, 
Services, Rental and Sale of Public Properties for the Government 
Departments and Organizations".  
 
The draft Public Procurement and Asset Disposal law stipulates that 
procurement from foreign providers shall be used under the 
following circumstances:  
 
a) Where construction works, goods a nd services are not 
available in the local market as prescribed in the 
specifications  
b) Where a tenderer was not identified by a national tendering 
procedure  
c) Where the value of the contract is as prescribed in the 
Rules.  
39. Page 69,  
Paragraph 3.124  Question : 
Could Myanmar clarify the provisions as regards geographical 
indications that are included in the Trademark law?  
 
Answer : 
The new Trademark Law (2019) provides for the protection of 
geographical indications (Gls). It contains provisions that defi ne 
GIs, provisions that stipulate the requirements and procedures for 
GI registration, validity of GI protection and provisions on rights 
and obligations und enforcement under the Law. The implementing 
rules for Gls will be prepared separately.  
40. Page 77,  
Paragraph 4.39  Question:  
Does Myanmar have any rules or regulations that regulate labour 
conditions on fishing vessels, e.g. no under -aged labour, working 
hours and rest periods, payment, safety, health and welfare 
conditions of fishermen?  
 
Answer : 
Under the article (43) of the Myanma Marine Fisheries Law (1990), 
it is mentioned that "no person shall serve as fisherman on board a 
fishing vessel registered under this law, without registering in the 
Department ". Although the law was amended in 1993, there is no 
specific provision for the labour conditions or opportunities on 
fishing vessels. Therefore, the Department of Fisheries under the 
Ministry of Agriculture, Livestock and Irrigation is trying to add the 
lobour conditions or opportunities on fishing vessels as a 
provisional in the Myanma Marine Fisheries Law (1990). At present, 
the amendment of Myanma Marine Fisheries Law (1990) is in the 
drafting stage.  WT/TPR/M/405/Add.1  
 
- 36 - 
 
  - 36 - 41. Page 86,  
Paragraph 4.96  Question : 
Could Myanmar shed light on any elements affecting foreign 
operators in this Insurance Law? Will this Law allow full foreign 
ownership in the areas of reinsurance, life, and non -life insurance, 
as currently sometimes seems to be the practice according to 
paragra ph 3.79 of the Government Report (page 25)?  
 
Answer : 
Myanmar did not receive any application for a reinsurance license in 
accordance with the Reinsurance Directive issued by IBRB from any 
foreign provider.  
 
(REPLIES ON GOVERNMENT REPORT)  
 
4. Page 8,  
Paragraph 
2.13; Page 
11, 
Paragraph 
2.39 Question:  
Could Myanmar clarify whether the term quality infrastructure refers to the 
G20 Principles for Quality Infrastructure Investments adopted in 2019 and 
whether Myanmar intends to implement these Principles? If not, what 
benchmarks do this mean for good governance with a view to promoting 
the development of quality infrastructure (physical, digital, and energy), 
sustainable financing practices and sustainable development?  
 
Answer:  
The term Quality Infrastructure used here refers to the legal, regulatory and 
institutional frameworks and practices that establish and implement 
standardization, accreditation, metrology, and conformity assessment. It 
does not refer to the G20 Principles for Quality Infra structure Investments.  
5. Page 9,  
Paragraph 
2.19 Question:  
Digital Economy in Myanmar has accelerated significantly, notably due to 
the liberalization of telecom sector and the adjustment to COVID -19. What 
concrete measures does Myanmar intend to take to ensure cyber security 
and data protection of the consumers ? 
 
Answer:   
Existing legislation contains provisions that address data protection and 
consumer protection, as follows:  
• Section 17 of the Telecommunication Law stipulates that 
"The Service Licensee shall maintain the securely of 
information and contents that are transmitted or received 
through its Telecommunications Service and confidential 
personal information of each individual users, and shall not 
disclose and inform to irrelevant person except where 
allowed in accordance with the existing laws";  
• the Law Protecting the Privacy and Security of Citizens 
stipulates in sections 8(c), (d) and (e) that the provider 
"Shall not intercept or disturb any citizen's communication 
with another person o r communications equipment in any 
way", "Shall not demand or obtain personal telephonic and 
electronic communications data from telecommunication 
operators" and "Shall not open, search, seize or destroy 
another person's private correspondence, envelope, 
package or parcel";  
• The Code of Practice for Mobile Services User Registration 
has been released to prevent misuse of public information, 
to secure the Mobile Financial Services, to prevent criminal 
cases which are committed by using telecommunications 
networks with unregistered SMS cards and it has been aired 
on TV channel, newspapers to register SIM card 
systematically with credential certificate (NRC), passport 
(foreigners) issued under the existing laws.  WT/TPR/M/405/Add.1  
 
- 37 - 
 
  - 37 - The Government is developing policy and legislati ve initiatives to 
complement existing policy and legislation  including a draft Cyber Security 
Policy which was circulated to related departments for comment and 
recommendations recently. A draft Cyber Security Law is under preparation 
and will be circulate d to stakeholders soon for comment and 
recommendation. The draft law covers matters related to personal data 
protection and including critical information infrastructure.  
The Government is also working to prevent the misuse of public 
information, and plan s are underway to establish a Common Data Based 
Center for data protection in the near future.  
6. Page 11,  
Paragraph 
2.45 Question:  
How does Myanmar ensure that a public consultation process that involves 
all stakeholders, including local and foreign entities, is conducted before 
adopting new rules and regulations?  
 
Answer:  
The general practice before adopting new rules and regulations is to share 
the draft law/regulations with stakeholders for their review and conduct a 
series of 2 -3 public consultation processes. The draft laws and regulations 
are also posted on the officia l websites and opened for the public 
comments. Comments received are taken into account when revising and 
finalizing any draft legislations.  
7. Page 14,  
Paragraph 
2.66 Question:  
Could Myanmar elaborate the definition of "commercial activities (of SOEs) 
in competition with private firms"? Are there any guidelines? In addition, 
has there been any case decided under the new Competition Law?  
 
Answer:  
Myanmar's Competition Law (2015) does not provide a specific definition for 
commercial activities carri ed out by SOEs in competition with private firms. 
According to the State -owned Economic Enterprises Law (1989), some 
economic enterprises such as extraction of teak, exploration, extraction and 
sale of petroleum and natural gas shall be carried out solely by the 
Government. However, the Government may carry out these activities 
through a joint venture with any other person or organization. In 1997, the 
SOEs law was amended and the Government liberalized activities, 
previously reserved for SOEs allowing priv ate firms to carry out activities 
including in sectors such as postal and telecommunications service, air 
transport service, banking and insurance service.  
 
There is no specific guideline issued by the Myanmar Competition 
Commission and any complaint to t he Commission regarding SOEs so far.  
8. Page 16,  
Paragraph 
2.91 Question:  
Could Myanmar clarify whether it intends to adopt the OECD guidelines on 
corporate governance of SOEs? Could Myanmar clarify whether it receives 
technical assistance to improve the  governance of state -owned enterprises 
and to establish fair competition?  
 
Answer:  
Myanmar takes note of the suggestion but has no concrete plans at the 
moment to adopt the OECD guidelines on corporate governance of SOEs.  
9. Page 19,  
Paragraph 
3.20 Question:  
Could Myanmar indicate the main SPS standards adopted in compliance 
with the SPS Agreement?  
 
Answer:  
The main SPS standards adopted in compliance with the SPS Agreement 
are: 
• Codex Standard as a reference standard for SPS standard related to 
pre-packaged foodstuff.  WT/TPR/M/405/Add.1  
 
- 38 - 
 
  - 38 - • Plant Protection Division (PPD), Department of Agriculture, Ministry 
of Agriculture, Livestock and Irrigation adopted the International 
Standards for Phytosanitary Measures of International Plant 
Protection Convention for export and imp ort of plant and plant 
products.  
• Myanmar's Department of Fisheries adopted the National Regulation 
of Export and Import of Fishery Products based on the WTO -SPS 
Agreement (DoF Directive No:8/2018)  
• Livestock Breeding and Veterinary Department adopted the 
"Regulations for Importation and Exportation of Animal and animal 
Products (2017) for export and import of animal and animal 
products, and Codex Alimentarius and OIE technical manual 
standard as a reference for SPS standards.  
10. Page 19,  
Paragraph 
3.22 Question:  
Could Myanmar describe the other areas where notable progress has been 
made recently besides fishery and apiculture sectors?  
 
Answer:  
Progress was made in enhancing the quality and competitiveness of the 
fresh fruits and vegetables  sector especially for avocado, tea, ginger, 
coffee, and mango. Myanmar exported avocado for the first time to the 
United Kingdom in 2020 and plans to increase its exports in 2021 also to 
other markets including Singapore, Hong Kong and Chinese Taipei.  
 
Myanmar welcomes the support of its partners in developing and enhancing 
the competitiveness of other products that have a great potential such as 
ginger, tea, coffee and mango.  
11. Page 24,  
Paragraph 
3.71 Question:  
Could Myanmar explain the different scope of activities for branches and 
subsidiaries in its territory? Would Myanmar consider removing this 
business limitation for branches?  
 
Answer:  
The difference in scope of activities for branches and subsidiaries is as 
follows:  
- Foreign branc hes are allowed to provide any financing to foreign and 
local companies. They can accept deposit of foreign and local currency 
from their corporate customers but they are not allowed to accept deposit 
of any kind from the general public. They are allowed t o open only one 
branch for their banking operations.  
- Foreign bank subsidiaries are allowed to conduct any banking services 
including acceptance of deposit from and provision of any financing to any 
customer including foreign companies, local companies a nd the general 
public. Foreign bank subsidiaries can provide any banking service like 
domestic bank. In addition, they can open up to 10 branches throughout 
the country of which five branches have to be located in Yangon.  
12. Page 25,  
Paragraph 
3.72 Question : 
Could Myanmar clarify the conditions of this case -by-case assessment, if 
any? 
 
Answer : 
There are no particular conditions of case by case assessment for different 
scope of activities for branches and subsidiaries. The conditions are set 
based on the principle to be equitable between banks.  WT/TPR/M/405/Add.1  
 
- 39 - 
 
  - 39 - 13. Page 25,  
Paragraph 
3.78 Question : 
Could Myanmar explain this policy and its objectives in this respect? Does 
this also apply to domestic insurers? If not, could Myanmar explain this 
differentiated treatment?  
 
Answer:  
lnsurers in Myanmar (Paragraph 3.78 of Page 25) means all licensed 
insurers in Myanmar including foreign and domestic insurers.  
In November 2020, the Central Bank of Myanmar notified that securities 
companies certified by the Central Bank of Myanmar have the right to 
sell/buy government securities in the Primary Market and Secondary 
Market. In line with Notification 97/2019 of the Union Minister's Office of 
MOPFI, foreign investors living in the country are all owed to purchase 
Government securities and these (foreign) investors have the same right to 
purchase securities as local investors.  
14. Page 26, 
Paragraph 
3.82 Question:  
Could Myanmar clarify the conditions or elements of this discretionary 
assessment, if  any? 
 
Answer:  
Myanma Insurance is the State -owned insurer and the State -owned 
reinsurer in line with the Myanmar Insurance Law as stipulated in Chapter 
(5) Section 12 (C). In order to manage foreign exchange in -flow and out -
flow in line with the Foreign E xchange Management Law pursued by the 
Central Bank of Myanmar, every Myanmar insurer/ reinsurer and foreign 
reinsurer shall cede a compulsory maximum cession up to 10% of any 
insurance segment business to Myanmar Insurance. But Myanma Insurance 
could refus e to take such a cession limit for the sake of its risk 
management. Therefore, the measure was designed as a prudential 
measure for the sustainable development of Myanmar insurance market 
and not as a discretionary measure.  
 
(FOLLOW -UP QUESTIONS)  
 
1. Page 25, 
Paragraph 
2.13, and 
Table 3.6 
(page 45) 
and Table 
3.7 Export 
(page 51)  Question:  
a) Could Myanmar explain the functioning of the inter -ministerial coordination 
mechanism? Could Myanmar also provide clarification on which 
procedures/measures the government intends to take to streamline its import 
licensing procedures?  
 
Answer:  
In the drafting stage of issuing the trade policies and measures, the 
recommendation and concepts are firstly requested to the relevant 
departments/ agencies and private associations and then revised and edited. 
After that, the consultation meetings and workshops are conducted with 
those departments and associations.  
Myanmar will consider to reform the trade regime including Import Licensing 
procedure s, if necessary.  
Question:  
b) Could Myanmar explain whether it considers expanding its licensing regime 
to allow foreign entities to formally import, export, manufacture and 
distribute alcoholic beverages in the context of drafting of its national Excise 
Law? 
 
Answer:  
Public -private stakeholder consultation is the due process in adopting new 
policies and regulations in Myanmar. Private sector representatives, chambers 
of commerce (including foreign chambers) and related associations/agencie s 
are invited to participate in such consultations.  
 WT/TPR/M/405/Add.1  
 
- 40 - 
 
  - 40 - According to existing rules and regulations, registered foreign wholesale / 
retail companies are allowed to distribute locally manufactured liquor locally.  
For importation, registered joint venture companies (up to 35% foreign 
equity) are allowed to impor t and distribute alcoholic beverages.  
 
The exportation of manufactured liquor by foreign companies is allowed.  
2. Page 36,  
Paragraph 
2.56 Question:  
Under Chapter XIX (Settlement of Dispute) of the Myanmar Investment Law 
2016, the law provides explicit provisions on settlement of dispute when a 
contractual obligation (investment contract or investment treaties) exists. 
However, if there is no contractual agreement (investment contract or 
investment treaty), the law does not provide any provision  which prescribes 
the forum and laws to be applied for dispute settlement. Could Myanmar 
clarify if there are no investment contract or investment treaties between the 
parties, what would be the forum for dispute settlement (local 
court/international tribu nal)? Which law would be applied to this case (local / 
choice of law by the parties)?  
 
Answer:  
The Investment Assistance Committee was formed to settle any investment 
dispute between the investor and the Union. Later, it is substituted by the 
Investor Grievance Mechanism with the Notification No. 9/2020 and the 
Investor Grievance Mechanism Committee  was formed on 21 December 2020 
with the Notification No. 21/2020. The Committee is responsible for any 
potential dispute between the investor and the Union. The Investment 
Grievance Mechanism is intended to reach the just and amicable dispute 
resolution. If there are no investment contract or investment treaties 
between the investors, the disputes may be settled at the choice of the 
parties. The applicable laws adopted by the respective cou1ts can be applied.  
3. Page 38,  
Paragraph 
3.8 Question:  
Could yo u please complete the part of the answer that is missing? "According 
to Article 15, even when the seller and buyer are related, where this relation 
does not affect the price and the test value could be shown, this v…"  
 
Answer:  
According to the Article 15, even when seller and buyer are related, this did 
not influence on the price and the test value could be shown, this value is 
acceptable.   
4. Page 66,  
Paragraph 
3.104  Question:  
Under the draft Public Procurement and Asset Disposal law, could My anmar 
clarify if all of the three criteria shall be fulfilled in order for the government 
to procure from foreign providers? Could Myanmar clarify what is the 
foreseen amount for the value of the contract under the draft Public 
Procurement and Asset Dispos al Law? Could Myanmar clarify if there would 
be any restrictions on types of products or services that foreign providers can 
engage?  
 
Answer:  
According to the draft Public Procurement and Asset Disposal Law, 
government organizations can procure from foreig n providers if one of three 
criteria shall be fulfilled. The amount for the value of the contract is one of 
the subject matters to be discussed in order to identify in the Rules. There is 
no restriction on types of products of services that foreign provide rs can 
engage in the draft law.  WT/TPR/M/405/Add.1  
 
- 41 - 
 
  - 41 - 5. Page 16, 
Paragraph 
2.91 Question:  
Could Myanmar clarify whether it receives technical assistance to improve the 
governance of state -owned enterprises and to establish fair competition?  
 
Answer:  
Myanmar Competition Commission (MmCC) is the competition authority in 
Myanmar and it has been receiving technical assistance from different 
organizations and agencies as well as development partners to establish fair 
competition regime in Myanmar. Moreover , MmCC is also receiving technical 
assistance from other programs such as CLIP program, COMPETE Program.  
  WT/TPR/M/405/Add.1  
 
- 42 - 
 
  - 42 - 7  INDONESIA  
60. Page 7,  
Paragraph  3 Question:  
Could Myanmar provide more detailed information about the changes in 
import and export licensing requirements on some products?  
Answer:  
Myanmar Government allowed exporters/ importers for more convenience 
in the processes of applying export/ import licenses by providing export/ 
Import licensing for some important goods via online, liberaliza tion on the 
necessary documentations from the other related departments, and 
liberalization on negative list. The negative list for export/ import is 
described in Page 8, Para 11 and Page 48, Para 3.31 in the Secretariat 
Report.  
61. Page 7,  
Paragraph  3 Question:  
What are the products that affected by the changes?  
Answer:  
The essential products such as medical products, foods and commodity 
were affected by the changes.  
62. Page 7,  
Paragraph  3 Question:  
What measures that would the Government of Myanmar take to prevent 
the fiscal deficit that caused by an expansionary fiscal policy?  
Answer:  
Ministry of Planning, Finance and Industry implements Fiscal Policy and 
deals with related matter of the policy while Central Bank of Myanmar 
executes monetary  policy and its operations.  
Central Bank of Myanmar is acting as an agent of government for the 
issuance of Government Securities including treasury bonds so as to 
support direct financing of the fiscal deficit.  
Moreover, Central Bank of Myanmar has launch ed Treasury bill Action at 
21 January 2015 and Treasury Bond Action at 20 September 2016 such as 
a kind of government financing sources.  
63. Page 8,  
Paragraph  
11 Question:  
Could Myanmar give rationale about this move from positive list to 
negative list? 
Answer:  
Before 2013, all goods had been applied for export/ import licences but 
then positive list which defined the list for unnecessary applying for 
export/import licenses, was launched in 2013. The rationale about this 
move from positive list to n egative list is to be more simplify and to 
support the facilitation of the import/export process.  
64. Page 24,  
Paragraph  
2.8 Question:  
Can Myanmar explain more about the national anti -corruption programme, 
since the Government Report did not mention anything about anti -
corruption?  
 
Answer:  
The Myanmar Anti -Corruption Commission (ACC) has designed an Anti -
Corruption Strategic Plan (2018 -2021) in 2018 and implemented the three 
action plans of awareness, prevention and investigation as the annual  
procedures. The anti -corruption strategy aims to achieve three strategic 
plans; five business areas; 13 action plans and 53 goals. The Anti -
corruption activities are being implemented the ten -priority action plans 
annually. In 2021, by the complement of A nti-Corruption Strategy, "The 
National anti -corruption strategy " which consists of three pillars of 
Administration, Legislation and Judiciary will be designed by participating WT/TPR/M/405/Add.1  
 
- 43 - 
 
  - 43 - the public and private so as to fight corruption more effectively in the 
country  by 2021, when the Anti -Corruption Strategy is completed.  
65. Page 31,  
Paragraph  
2.29 Question:  
Can Myanmar provide the progress of those MOUs? Also, has Myanmar 
approached other countries to have bilateral trade agreement? Does 
Myanmar have long-term plan on its trade cooperation and agreement?  
 
Answer:  
There have been a lot of progress on those bilateral MoUs; however, there 
has been no bilateral joint statement on progress to share so far.  
In order to pursue bilateral FTA with other countries, Myanmar has been 
analyzing the current trade trend and potentials of some major trading 
partner countries by taking into account on bilateral trade and diplomatic 
relations, export diversification and penetration of Myanmar 's export to 
different  part of the regions in the World, attracting Foreign Direct 
Investment, current LDC status and possible LDC graduation status, and 
sustainable development in Trade Sector.  
Yes, Myanmar has long -term plan on its trade cooperation and agreement.  
66. Page 44,  
Paragraph  
3.25 Question:  
How does Myanmar Government find alternatives for their revenue due to 
trade flow decrease during the COVID -19 outbreak? As it is stated that 
significant source of government revenue comes from taxes on 
international trade.  
 
Answer:  
The Internal Revenue Department (IRD) is providing tax relief plan to 
recover businesses during COVID -19. On the other hand, efforts are being 
implementing a biggest tax reform to maximize tax revenue, broaden the 
tax base, maintain and improve compliance and modernize tax 
administration.  
67. Page 48, 
Paragraph  
3.31; 
Page 52,  
Paragraph  
3.53 Question:  
What is the process of determining certain products to be put in the 
negative lists (import licensing and export licensing)?  
 
Answer:  
The negative lists (im port licensing and export licensing) were declared 
through the consideration on the recommendations from the related 
departments, organizations, and even results from the consultation 
meeting on these issues.   
68. Page 48, 
Paragraph  
3.31,  
Page 52,  
Paragraph  
3.53 Question:  
Are there any criteria when the Government of Myanmar put certain 
products in negative list?  
 
Answer:  
The negative list has been introduced by considering on the national 
security, food security, health of human / animal and environmental 
protection by consulting with the line departments, agencies and private 
sectors.  
69. Page 45,  
Paragraph  
3.30 Question:  
Could Myanmar please explain the aforementioned import restriction and 
prohibition with the WTO consistency, particularly in terms of GATT Art. XI 
and the Import Licensing Agreement?  
 
Answer:  
It can be assumed that such kind of import restrictions during the 
production of seasonal fruits are in line with the GATT Article XI 2 c (ii) 
because these imp ort restrictions are usually aimed for not being surplus 
in domestic market. Moreover, these restrictions are only for the route of 
border trade and not for the route of over sea trade. Thus, exporters/ 
importers might not be adversely affected by those re strictions if they 
used the route of over sea trade.  WT/TPR/M/405/Add.1  
 
- 44 - 
 
  - 44 - 70. Page 45,  
Paragraph  
3.30 Question:  
Please indicate if there are any plans to remove the import restriction 
within a certain period in the near future?  
 
Answer:  
Regarding the removable of import restrictions, it will be considered based 
on the domestic agricultural production, domestic consumption and 
unexpected crisis including the natural disaster (for instance COVID -19 
pandemic).  
71. Page 45,  
Paragraph  
3.30 Question:  
Could Myanmar provide an update on its target to abolish import of beans 
prohibition? In addition, could Myanmar provide details on any regulations 
needed to maintain the price stability of beans?  
 
Answer:  
Regarding the import of beans prohibitio n and regulations needed to 
maintain the price stability of beans, Myanmar continues to take 
consultation process with the related departments, organizations and 
private sectors so as to make continuous liberalization.  
72. Table 3.6 
Recommend
ations for 
import  Question:  
Table 3.6 shows there are several products and commodities that require 
a veterinary health certificate to obtain import recommendations. Please 
explain in detail procedures for obtaining the certificate.  
 
Answer:  
Proce dure for importation of Animals, Animal Products, Veterinary 
Medicine, Animal Feed and Veterinary Equipment Farm Equipment  
1.1 Importation of Live Animals' Importer should apply to Livestock 
Breeding and Veterinary Department to issue the recommendation fo r the 
importation of live animals into Myanmar.  
Following documents are needed in the application.  
a) Import application form  
b) Application letter with Company letter head signed by 
company's director.  
c) Copy of Veterinary Health Certificate issuing by the 
Veteri nary authority of Exporting country.  
d) Farm registration in Myanmar  
e) Performa in voice  
f) Sale contract  
g) Recommendation from Myanmar Livestock Federation  
h) Copy of company registration issued by Directorate of 
Investment and Company  Administration.  
i) Copy of company's import -export license issued by 
Department of Trade.  
j) Form VI  
k) Form XXVI  
• Livestock Breeding and Veterinary Department will check the 
applications and issue the recommendation letter to apply the 
import license from Department of Trade.  
• Importing fe es will be charged.  
• When the importer submits the Import Declaration to Custom 
Department, also submit to LBVD for Laboratory test using 
MACCS. On arrival of the animals, official from LBVD will check the 
health condition of animals and also Veterinary Hea lth Certificate 
and take the samples for laboratory test.  
• Laboratory test result will be replied by MACCS.  
1.2 Importation of Frozen Meats  
• Importer should apply to Livestock Breeding and Veterinary 
Department to issue the recommendation for the importation  of 
frozen meats into Myanmar.  
• Following documents are needed in the application.  WT/TPR/M/405/Add.1  
 
- 45 - 
 
  - 45 - a) Import application form  
b) Application letter with Company letter head signed by 
company's director. It should be expressed meat quality, 
place and bio - security level of storag e and sale market.  
c) Copy of Veterinary Health Certificate issuing by the 
Veterinary authority of Exporting country. For chicken 
meat, duck meat and turkey meat, it should express free 
of avian influenza in exporting country.  
d) HACCP and GMP certificate of meat processing plant  
e) Performa in voice  
f) Sale contract  
g) Recommendation from Meat Inspection Board  
h) Copy of company registration issued by Directorate of 
Investment and Company Administration.  
i) Copy of company's import -export license issued by 
Department of Trade.  
j) Form VI  
k) Form XXVI  
• Livestock Breeding and Veterinary Department will check the 
applications and issue their commendation letter to apply the 
import license from Department of Trade.  
• Importing fees will be charged.  
• When the importer submit s the Import Declaration to Custom 
Department, also submit to LBVD for Laboratory test using 
MACCS.  
• On arrival of the frozen meats, official from LBVD will check the 
health condition of animals and also Veterinary Health Certificate 
and take the samples fo r laboratory test.  
• Laboratory test result will be replied by MACCS  
1.3 Importation of Duck down, Goose down, Turkey feather, 
Rabbit fur, Raccoon fur  
• Importer has already got the import license from Department of 
Trade for importation of Duck down, Goose do wn, Turkey feather, 
Rabbit fur, Raccoon fur.  
• Importer should apply to Livestock Breeding and Veterinary 
Department to issue the Veterinary Health Certificate for the 
importation of Duck down, Goose down, Turkey feather, Rabbit 
fur, Raccoon fur into Myanmar . 
• Following documents are needed in the application.  
a) Import application form  
b) Application letter with company letter head signed by 
company's director.  
c) Original Veterinary Health Certificate issuing by the 
Veterinary authority of Exporting country and Certificate 
of Origin.  
d) Performa invoice  
e) Sale contract  
f) Copy of import license issued by Department of Trade  
g) Recommendation from Myanmar Livestock Federation  
h) Copy of company registration issued by Directorate of 
Investment and Company Administration.  
i) Copy of  company's import -export license issued by 
Department of Trade.  
j) Form VI  
k) Form XXVI  
Sample should be sent for laboratory test.  
Importing fees will be charged.  
Importer must submit application to LBVD for Laboratory test using 
MACCS.  
• Livestock  Breeding  and Veterinary  Departmen t will check t he 
applications  WT/TPR/M/405/Add.1  
 
- 46 - 
 
  - 46 - • Laboratory test result will be replied by MACCS.  
1 .4 Importation of Animal Fee, Veterinary Drug and Equipment  
• Importer must send sample for animal feed and veterinary drugs 
to Veterinary Assay Laboratory for laboratory test"  
• After getting the laboratory result, importer should apply to 
Livestock Breeding and Veterinary Department to issue the 
recommendation for the importation into Myanmar.  
• Following documents are needed in the application.  
a) Impo rt application form  
b) Application letter with Company letter head signed by 
company's director.  
c) Performa invoice  
d) Sale contract  
e) Certificate of Analysis and Country of Origin Certificate  
f) HACCP and GMP certificate of production plant  
g) Free Sale(or) Product Licen se 
h) Copy of Veterinary Health Certificate issuing by the 
Veterinary authority of exporting country for Meat& Bone 
Meal, Blood Meal and Plasma meal.  
i) Laboratory result issued from Veterinary Assay Laboratory.  
j) Copy voucher from Veterinary Assay Laboratory for the 
charged of Equipment.  
k) Recommendation from Myanmar Livestock Federation  
l) Copy of company registration issued by Directorate of 
Investment and Company Administration.  
m) Copy of company's import -export license issued by 
Department of Trade.  
n) Form VI  
o) Form XXVI  
• Livestock Breeding and Veterinary Department will check the 
applications and issue the recommendation letter to apply the 
import license from Department of Trade.  
1.5 Documents need to check on arrival  
• Recommendation issued from Livestock Breeding and Veterinary  
• import License issued from Department of Trade  
• Original Veterinary Health Certificate issued by Veterinary 
Authority of exporting country  
• Packing List  
• BL/Airway Bill  
• PC3for border trade  
Attached the figure of Procedures for Importation of Animal s, Animal 
Products, Animal Feed, Veterinary Pharmaceuticals  
73. Table 3.6 
Recommend
ations for 
import  Question:  
Do the on -site review also required for obtaining a health certificate? If 
so, please explain in detail the implementation of the on -site review 
during the C OVID -19 pandemic.  
 
Answer:  
For the importation of animal, animal products, animal feed and 
Veterinary medicine to Myanmar, Veterinary Health Certificate issuing by 
the Veterinary Authority of Exporting country is needed in the applicatio n. 
Livestock Breeding and Veterinary Department (LBVD), Myanmar wilt 
check the application and issue the recommendation letter to apply the 
import license from Department of Trade.  
On arrival of products and commodities, official from LBVD will check the 
health condition of live animal, animal products, and also Veterinary 
Health Certificate and take the samples for laboratory test.  
No need to obtain the health certificate from LBVD. During the C OVID -19 
pandemic, the same procedure is required to obtain the  recommendation WT/TPR/M/405/Add.1  
 
- 47 - 
 
  - 47 - for import.   
74. Page 49, 
Paragraph  
3.37 Question:  
Please provide a timeline the implementation of Safeguard Law as well as 
brief information on the provisions.  
 
Answer:  
Safeguard Law for Myanmar will enter into force on 1st July, 2021 and 
then, all related cases would be settled according to the provisions 
included in that law.   
75. Page 49, 
Paragraph  
3.37 Question:  
Please specify when Myanmar will be drafting anti -dumping, 
countervailing, or subsidies legislation?  
 
Answer:  
Myanmar gov ernment has been preparing the draft of Antidumping and 
Countervailing Law.  
76. Page 49, 
Paragraph  
3.37 Question:  
What actions has Myanmar taken in order to protect its domestic industry 
against unfair trade practices so far? Please explain in detail.  
 
Answer:  
All provisions in the Competition Law are cover for all business including 
foreign firms which are operating their business in Myanmar. Although 
there is no special provision or protection for domestic industry, Myanmar 
Competition Commiss ion (MmCC) will take some actions according to the 
Competition Law. If the conducts of foreign firms are unfair to domestic 
industry, MmCC will take some actions on them according to the 
Competition Law. On the other hand, if MmCC considered it is required  to 
make some provisions to protect local industry; will conduct with the other 
relevant stakeholders .  
In addition, Myanmar government has been preparing the draft for 
Antidumping and Countervailing Law for protection from suffering 
domestic injuries agai nst the unfair trade practices.  
77. Page 55, 
Paragraph  
3.66 Question:  
Based on point c, does it mean that all exported goods will be exempted 
from commercial tax? Please clarify. If not, please provide on how does 
the MIC select exporters who receive the facility? and on how international 
trade is likely to be affected?  
 
Answer:  
Yes, but not exactly. Under section 77 (b) of the Myanmar Investment 
Law (MIL), the Commission scrutinizes and grants exemptions or reliefs 
from the customs duty or oth er internal taxes or both on the importation 
of the raw materials and partially manufactured goods conducted by an 
export -oriented business for the purposes 'of the manufacture of products 
for export. Under section 77 (c) of MIL, customs duty or other inte rnal 
taxes or both on imported raw materials and partially manufactured 
goods, which are used to manufacture products for export, shall be 
reimbursed.  
78. Pages 56-57, 
Paragraphs  
3.71-3.72 Question:  
Please provide implementation regulations taken by the Government in 
order to reduce the difficulties in business operations?  
 
Answer:  
Ministry of Planning, Finance and Industry, Directorate of Industrial 
Supervision and Inspection (DISI) extended the period of renewing 
registration for Industrial Enterprises until after C OVID -19 pandemic. DISI 
is also providing easy access to online registration for MSMEs through 
MSMEs web portal.  WT/TPR/M/405/Add.1  
 
- 48 - 
 
  - 48 - 79. Pages 56-57, 
Paragraphs  
3.71-3.72 Question:  
Please specify the actual programmers on how entrepreneurs  and SMEs 
could participate in regional business activities. How many SMEs have 
engaged with this programmed?  
 
Answer:  
In accordance with ASEAN Strategic Action Plan, women empowerment 
program which includes Digital Literacy, Marketing, Financial Managemen t, 
Branding and Packaging online training is being implemented to mitigate 
the negative impacts of COVID -19 pandemic in Yangon Region, 
Ayeyarwaddy Region, Mandalay Region, Magwe Region, Kayah State, Mon 
State, Chin State and Rakhine State until December 20 20. That program 
was participated by (129) women entrepreneurs.  
According to cooperation of DISI under MOPFI and United Nation 
Development Program (UNDP), enhancing the capacity of MSMEs which 
are youth and women in Rakhine State, Shan State, Mandalay Reg ion and 
Yangon Region and includes entrepreneurial mindset training, financial 
management training, marketing and business management training 
which were participated by 167 MSMEs.  
80. Pages 56-57, 
Paragraphs  
3.71-3.72 Question:  
How does the Government of Myanmar manage and ensure all 
programmers launched by related ministries are evenly distributed and do 
not overlap?  
 
Answer:  
The Government is making great strides in carrying out to enhance and 
support MSMEs by forming two Committees and thr ee implementing 
bodies such as SMEs Development Agency, Fund Management Body and 
Evaluating and Reporting Body to promote MSMEs throughout the country.  
In promoting so, as MSMEs Development Agency, one of main 
implementing bodies, has been setting up the ACTION PLAN which are in 
line with the goals of the Myanmar Sustainable Development Plan (MSDP) 
for not being overlapped in each programme. As of Action Plan, MSME 
Agency holding the events and trainings for MSME development with 
relevant Ministries.  
81. Page 59, 
Paragraph  
3.80 Question:  
Please provide in detail those six stages on formulating standards, 
especially on the committee and enquiry stages.  
 
Answer:  
Details of six stages of formulating standards are expressed as follows:  
i. Proposal: Department  of Research and Innovation (DRI) 
receives the proposal of formulation of the standard  
ii. Preparatory: DRI collect necessary documents and related 
sources and prepare to submit the specific Standardization  
Technical Sub -Committee. DRI lookout for issues relat ed to the 
standard.  
iii. Committee: The committee circulate all related sources and 
document to the committee members and received  comments 
or remarks related to the proposal of formulation of the 
standard  
iv. Enquiry: The draft standard is submitted by the commi ttee 
chair to vote and review on it. Public comments are also  
collected in this stage.  
v. Approval: The final draft standard is prepared by the 
committee. The standard is approved by the National standards  
Council (NSC).  
vi. Publication: At this stages, final doc uments for standard is 
published if the standard has passed through the approval  
stages.  WT/TPR/M/405/Add.1  
 
- 49 - 
 
  - 49 - 82. Page 81, 
Paragraph  
4.65 Question:  
How long does it usually take in order to obtain all of the mentioned 
approvals (where the required documents are already completed and 
correct)?  
 
Answer:  
Under rule 48 of the Myanmar Investment Rules, the Commission 
assesses the eligible and complete proposal submitted whether or not an 
investment in the proposal should be allowed in accordance with the 
stipulations.  It rejects the proposal within 15 working days from date of 
receipt if it determines inappropriate to grant permission. If a proposal is 
rejected, the Commission gives the notice of the rejection to the investor 
within 5 working days from the date of reje ction.  
Under rule 49, the Commission assesses it within 60 days from the "date 
of receipt of the proposal, and if it determines to allow, it issues the 
permit within 10 working days.  
83. Page 81, 
Paragraph  
4.65 Question:  
What is the maximum share of fore ign capital in Myanmar's energy project 
investment?  
The Myanmar Investment Commission {MIC) does not limit share of 
foreign capital in energy project investment but it depends on the 
approval of the relevant ministries.  
 
Answer:  
The list of restricted investment activities was issued in the Notification 
No. 15/ 2017 of the MIC. According to this notification, control of electric 
power system and inspection of electrical business are investment 
activities allowed to be carried out only by the Union. Performing shallow 
oil wells up is one of investment activities that are not allowed to be 
carried out by foreign investors. There are 8 investment activities to be 
carried out with the approval of Ministry of Electricity and Energy 
according to the Notification No. 15/2017 of the MIC and please explore 
the link: https://www.dica.gov.mm/en/topic/laws - rules- and- 
notifications .  
 
(REPLIES ON GOVERNMENT  REPORT)  
 
31. Page 10, 
Paragraph  
2.30 Question:  
Please explain in detail the form of quick tool mentioned above and on how 
the tool can help customs officers screen ODS quickly?  
 
Answer:  
Customs officer could screen the Bill of lading, Airway bill, invoice, packing 
list and HS When the suspected commodity and the importation is from new 
company, the goods can be checked with handheld detectors.  
32. Page 11, 
Paragraphs  
2.43-2.44 Question:  
How does the Government of Myanmar manage the market competition and 
ensure consumer protection before that commission established? Please 
explain in detail.  
 
Answer:  
Before Myanmar Competition Commission and Myanmar Consumer 
Protection commission were es tablished, businesses enabled to prosecute 
for their loss because of the unfair practices only at the courts under 
relevant laws.  
In terms of Consumer Protection, the Ministry of Commerce has been 
assigned as a focal ministry in order to implement consumer  protection 
activities by the mandate of the President Office on 13 June 2011. Under 
the Ministry of Commerce, in order to carry out consumer protection 
activities effectively as a regulatory body, it was originally formed 
Department of Commerce and Consum er Affairs in 2013, and then WT/TPR/M/405/Add.1  
 
- 50 - 
 
  - 50 - Department of Trade Promotion and Consumer Affairs was reformed in 2015 
in a gradual way. Afterwards, Department of Consumer Affairs stood out as 
a single department on 1st April 2016, under the same ministry, and 
consumer prot ection activities are undertaken in an effective and efficient 
manner.  
 
The first Consumer Protection Law was promulgated on 14 March  2014 In 
order to protect consumer rights and interests within a legal framework. 
According to this law, the Consumer Prote ction Central Committee was 
formed, with the participation of Union Minister from Ministry of Commerce 
as a chairman and senior officials from other relevant ministries, so as to 
undertake consumer protection tasks widely across the nation.  
 
Afterwards, th e existing consumer protection law was amended with view 
towards a better enforcement of law on 15  March  2019 by the Pyidaungsu 
Hluttaw Legislation No. 9 because it is found that there are some limitations 
in implementing consumer protection activities. In  accordance with this law, 
Myanmar Consumer Protection Commission was formed by the Notification 
No. (59/2019) of the Union Government Office.  
33. Page 13, 
Paragraph
s 2.58 Question:  
What are the specific incentives that the Government of Myanmar provides 
to encourage or enable investment in the certain sectors? Please also 
specify which sectors are promoted or prioritized by the Government.  
 
Answer:  
In accordance with the Chapter XVIII of the Myanmar Investment Law 
(MIL), one or more tax exemption s or reliefs such as income tax 
exemptions and exemptions or reliefs from customs duty and other internal 
taxes are granted. Investors who invest in promoted sectors can apply for 
and enjoy income tax exemptions with respect to the zoning system under 
section 75 of MIL. You can find the list of investment promoted sectors with 
the Notification No. (13/2017)  dated 1 April 2017. Under section 77, the 
Myanmar Investment Commission scrutinizes and grants exemptions or 
reliefs from customs duty and other interna l taxes to the investors if 
applied.  
34. Page 31, 
Paragraph  
5.2 Question:  
Myanmar has joined Live Operation of e -form D through ASEAN Single 
Window since 2019. Based on Technical Working Group for ASEAN Single 
Window (TWG -ASW) report, we noted that currently Myanmar only accept 
e-form D in 2 ports (Thilawar SEZ and Yangon) out of total 8 ports that are 
used for international trade. Indonesia would like to seek clarification from 
Myanmar when will the remaining 6 ports in Myanmar can accept the e -
form D as we need to minimize physical contact in process manual 
documents especially during this pandemic C OVID -19. 
 
Answer:  
Myanmar would like to confirm the two ports, Thilawa SEZ and Yangon, 
where e -form D acceptance through ASEAN Single Window is available. If 
there is any additional port to accept e -form D, Myanmar will inform its 
trading partners in advance.  WT/TPR/M/405/Add.1  
 
- 51 - 
 
  - 51 - 35. Page 31,   
Paragraph  
5.2 Question:  
To improve trade facilitation in ASEAN, some member states has developed 
facility to track e -form D in National Single Window system which can be 
accessed by exporters. In this regard, we would like to seek clarification 
whether M yanmar has this online verification system for tracking? If not, 
when will Myanmar plan to develop tracking facilitation?  
 
Answer:  
Tracking e -from D could be accessed following websites from dated on 15 
January 2021  
▪ Tracking.mcd.nswrp.gov.mm  
▪ Customs.gov.mm  
  WT/TPR/M/405/Add.1  
 
- 52 - 
 
  - 52 - 8  JAPAN  
1. Page 52,  
Paragraph 
3.51 Question:  
Regarding export restrictions on forestry products described in 3.51, it would 
be helpful if Myanmar could provide the following information:  
・HS codes and tree species of the regulated products,  
・descriptions on the regulations for each regulated line,  
・background and rationales for the regulations,  
・For each regulation, the relevant law and its provisions as well as the 
competent authority.  
 
Answer:  
HS Code 44.03 (Wood in the rough, whether or not stripped of bark or 
sapwood, or roughly squared.) of all species extracted from the Natural 
Forests were banned.  
HS Code 44.03 (Wo od in the rough, whether or not stripped of bark or 
sapwood, or roughly squared.) of all species extracted from the Plantations 
will be allowed to export with the Case by Case.  
Reduction of Annual Extraction was practiced to restore the natural forests. 
Moreover, logs export banned and the export of the processed products were 
promoted to strengthen the wood -based industries development . 
2. Page 69, 
Paragraph  
3.132  Question:  
Japan understands that 3.132. Of TRADE POLICY REVIEW (WT/TPR/S/405) 
states that " According to the authorities, data are not available on the 
enforcement of IPR protection". However, Japan would like to know any data 
available on it, even if they are fragmented. Japan would appreciate it if 
Myanmar could share, for example, the recent s eizure results at border by 
Myanmar Customs against IPR infringing products and the number of recent 
cases of such products detected by the Myanmar police.  
 
Answer:  
As far as we know, it doesn 't have a separate data for the IPR infringing 
products in Myanmar Customs and Police. They will develop that kind of 
separator data after enforcing the new Ip laws in Myanmar.  
3. Page 69  Question:  
Japan understands that, in Myanmar, the Illegal Trade Era dication Steering 
Committee was formed in 2019 ( https://www.president -
office.gov.mm/en/?q=briefing -room/news/2019/08/19/id -9512). Is this 
Committee also targeting the preven tion of distribution of IPR infringing 
products? If so, it would be helpful if Myanmar could share its recent 
activities and achievements. In addition, it would be very helpful if Myanmar 
could also share any other committees or organizations that aim to p revent 
the distribution of IPR infringing products if any.  
 
Answer:  
ln Myanmar, the illegal Trade Eradication Steering Committee was formed in 
2019. There are several committees under the steering Committee including 
Government Policy relating working comm ittee, Demand and Supply relating 
working committee, Custom relating working committee, Transparency and 
Trade relating working committee. IPR protection task is included in the 
duties of the Government Policy relating working committee. Moreover, it has 
been organized (15) special illegal Trade Eradication groups in different 
States and Divisions of Myanmar. There were (2709) times seizures 
(estimating around 24.162  billion kyats) during the  Period from Sep 2018 to 
Jan 2020.  
It has a plan to develop the Il legal Trade Eradication Strategy stating the list 
of priority Activities and to raise awareness on the danger of litigate Trade to 
people.  WT/TPR/M/405/Add.1  
 
- 53 - 
 
  - 53 - 4. Page 69,  
Paragraph 
3.13 Question:  
According to report by secretariat, while data are not available on the 
enforcement of IPR, Japan would like to know Myanmar's plan to publish data 
with regard to IPR infringement and enforcement, especially for counterfeit 
and pirated goods from neighboring countries.  
 
Answer:  
Myanmar has been implementing the new lP Laws (20 19) starting from 
Trademark Registration. When the whole process of registration is working 
well, Opposition publication and Grant or Refuse publication will be published 
on the IPD website. The data with regard to IPR infringement and 
enforcement may be p ublished the lP Law enforcing agencies (Custom / 
Police). All the lP Law enforcing agencies will cooperate under the policy set 
by the lP Central Committee to have a proper lP system in the country.  
5. Pages 74-
76,  
Paragraph 
4.33 a  Question:  
The section 4.33 states that "The rationale of the export ban is to promote 
exports of processed products and fulfill the requirements for raw materials 
by the local milling industry". Japan would like Myanmar to clarify the 
consistency with WTO rules of such export ban, which aims to help providing 
raw materials to domestic industry.  
 
Answer:  
As a WTO member country, Myanmar had informed WTO concerning LEB 
since in 1st April 2014. To date, we are taking measure to supply enough raw 
timber to local wood industr ies.  
The practice of log export ban is to reduce the impact of natural forests by 
more logging and to promote the wood -based industries by exporting the 
processed woods.  
However, HS Code 44.03 (Wood in the rough, whether or not stripped of bark 
or sapwood, or roughly squared.) of all species extracted from the Plantations 
will be allowed to export with the Case by Case.  
6. Pages 74-
76,  
Paragraph 
4.34 Question:  
The secti on 4.34 states that "Imports of sawn timber and forest products are 
subject to a recommendation issued by the Forest Department". Japan would 
like Myanmar to further explain the detailed content of "recommendation" 
from the government, and to provide exist ing examples of that for sawn 
timber.  
 
Answer:  
The detailed contents of "recommendation" from the Department of Forest 
are as follows:  
1. Name of exporter/ Company  
2. Address  
3. Name of forest product  
4. Quantity & Volume  
5. Date of Issue & Expiry  
6. Document referred (Identification for the forest products from 
Department of Forest including Delivery Order (DO) number, 
commodity name, number of swan timber, quality / grade, CBT)  
7. Hummer marks  
8. Location of the forest products  
9. Country of origin  
10. Country of Destina tion  
11. mode of transport  
12. Entry port  WT/TPR/M/405/Add.1  
 
- 54 - 
 
  - 54 - 7. Page 94 -
95, 
Paragraph 
4.145  Question:  
According to the report, 'Tour operator and/or travel agency businesses are 
allowed only in the form of joint ventures with Myanmar citizens; foreign -
equity participation is allo wed up to 35%.'. Japan would like to request 
Myanmar to provide the explanation on the consistency of the measure with 
Myanmar's SoC (Schedule of Specific Commitments) in GATS where MA mode 
3 commitment for Travel Agencies and Tour Operators Services (CPC 7471) is 
'None'.  
 
Answer:  
Myanmar will consult with line departments to take necessary process, 
especially to review this measure to be in line with its Schedule of Specific 
Commitments on Travel Agencies and Tour Operators Services.  
 
(REPLIES ON GOVERNMENT REPORT)  
 
1. Page 31, 
Paragraph  
5.3 Question:  
Japan would like to request Myanmar to provide details on the prospects and 
concerns, if any, for early ratification of RCEP Agreement. In addition, Japan 
would like to request Myanmar to provide information on whether any 
amendment  or establishment of domestic legislation is required for the 
implementation of the Agreement.  
 
Answer:  
As a modern, comprehensive, high -quality and mutually beneficial 
agreement, RCEP takes into consideration changing and emerging trade 
realities, including the future -oriented provisions. Once the agreement enters 
into force, higher standards will be applied in term if trade and investment 
liberalization and facilitations, intellectual property rights property rights 
protection, trade rem edy, e -comment and the government procurement.  
 
Rules and regulations related to RCEP implementation will be sorted out 
expeditiously and the binding obligations stipulated in the agreement must be 
fulfilled properly, while ensuring the compliance with dom estic administrative 
measures and procedures.  
In line with this, a range of new laws (e.g. Trademark, Industrial Design, 
Patent, Copyright and, Competition) in Myanmar has been implemented in 
the lead up to the CERP 's signing and RCEP is likely to support the 
continuation of these developments in Myanmar.  
 
Meanwhile, although the legal and policy framework related to some 
obligations in The Agreement including e -Commerce are still needed to 
develop in Myanmar, certain True Copy of the Agreement which will b e 
disseminated by the ASEC, we would need the internal consultations with the 
concerned departments and agencies for their readiness to implements and 
agencies for their readiness to implement the RCEP Agreement. After 
consulting with the concerned departm ents, we will precede the internal 
producers for ratification. The expected time for the earliest completion of  the 
ratification process for Myanmar would be by the end of this year.  
 
For Myanmar, the RCEP agreement will strength our country 's commercial 
and trade ties, including granting us greater access to the regional and global 
markets, while increasing flows of quality, responsible foreign investment. 
Myanmar 's participation in RCEP will likely to have opportunity for Myanmar 's 
unique and in -demand ex ports to greater markets of China, Japan and South 
Korea.  
 
Our participation in the RCEP is also entirely in keeping with our longer -term 
strategic development priorities outlined within our Myanmar Sustainable 
Development Plan, including a commitment to e nsuring Myanmar 's private 
sector can take full advantage of new market conditions and opportunities.  WT/TPR/M/405/Add.1  
 
- 55 - 
 
  - 55 - Myanmar 's participation in the RCEP would contribute Myanmar 's post 
COVID -19 recovery in the ways of greater demand for Myanmar 's products in 
global market s, adopting more relevant laws and regulations and modern 
business parties, embracing the digital transformation and creating the 
incentive for enabling investment environment.  
 
As for trade related matter, we have National Export Strategy (NES) which is 
a detailed framework and decision -marking instrument to guide the country 's 
trade development and boost Myanmar 's exports competitiveness.  
For investment sector, Myanmar has also developed Myanmar Investment 
Promotion Plan to strengthen Myanmar 's investment  Promotion Plan to 
strengthen Myanmar 's investment enabling environment and recently, second 
review of Myanmar 's Investment policy is conducted with the aim of 
restructuring and creating an attractive environment for local and foreign 
investor.  
  WT/TPR/M/405/Add.1  
 
- 56 - 
 
  - 56 - 9  KOREA, REP. OF  
53. Page 35,  
Paragraph  
2.51 Question:  
Myanmar has business related legislation that allowed only Myanmar 
nationals to be hired in foreign companies that have invested in Myanmar 
for jobs that do not require expertise. Therefore, there were difficulties in 
operating companies, such as additional costs for training new employees 
to hire Myanmar nationals, not skilled workers that had worked in the 
company. So, would Myanmar have any plans to ease the mandatory 
employment of national workers?  
 
Answer:  
The Myanmar Investment Law intends to create a win -win situation for the 
interests of the Union and its people, and for that of domestic and foreign 
investors. That's why, the law is designated to create job opportunities for 
the resident people, t o develop human resources and to enable the citizens 
to be able to work alongside with the international standards. Moreover, 
the investors are responsible for appointing only citizens for works which 
do not require skill, resulting in less labo ur costs. P lease take a comparison 
between labo ur cost and training cost. Paying salaries is a must every 
month but training is not.  
 
(REPLIES ON GOVERNMENT  REPORT)  
 
23. Page 12 , 
Paragraph  
2.52 Question:  
Stamp duty levied by the Myanmar Government is dual burden for foreign 
investors. Does the Government have any plan to revise the duty?  
 
Answer:  
Stamp duty will be levied by the Myanmar Stamp Actin Myanmar. Internal 
Revenue Department has not currently had any plan to revise the Stamp 
Act and this is a matt er for coordination between countries.  
 
(OTHER QUESTIONS)  
 
16. Other 
Questions  Question:  
The number of disputes between Korean investors and Myanmar partners has 
been growing. We hope the cases reach reasonable settlements and lead to 
more investment fro m foreign countries.  
 
Answer:  
To settle any investment dispute between the investor and the Union, the 
Investment Assistance Committee was formed in accordance with Chapter 
XVII of the Myanmar Investment Rules. Later, it is substituted by the 
Investor Grievance Mechanism with the Notif ication No. 9/2020 and the 
Investor Grievance Mechanism Committee was formed on 21 December 2020 
with the Notification No. 21/2020. The Committee is responsible for any 
potential dispute between the investor and the Union. The Investment 
Grievance Mechanism is intended to reach the just and amicable dispute 
resolution.  
  WT/TPR/M/405/Add.1  
 
- 57 - 
 
  - 57 - 10  MALAYSIA  
33. Page 31,  
Sub-title 
2.2.6  Question:  
Could Myanmar share her ratification timeline as well as the committed 
level of liberalization under the GSTP?  
 
Answer:  
The timeline and committed level of liberalization under the GSTP are not 
yet decided.  
34. Pages 41-
42, 
Paragraph 
3.20 Question:  
Malaysia would like to know if Myanmar has plans to expand its binding 
coverage, in particular for non -agricultural products.  
 
Answer:  
Myanmar acknowledges the limited coverage of its bindings. It does 
envisage to expand its binding coverage in due course, but plans are not yet 
specific.  
35. Pages 41-
42, 
Paragraph 
3.21 Question:  
Appreciate if Myanmar could provide rationale for imposing applied duty in 
excess of bound rates.  
 
Answer:  
The streamlining and updating efforts in the context of Myanmar's tariff 
reforms has led in some instances to increased duties on individual goods, 
which resulted in a slight increase of the (unweighted) average vis -à-vis the 
earlier TPR. In a few instances WTO bindings have inadvertently been 
surpassed in the process; this situation will be addressed at the next tariff 
review.  
36. Pages 41-
42, 
Paragraph 
3.21 Question:  
When does Myanmar anticipate these tariffs will be rectified in line with 
Myanmar's commitments in the WTO?  
 
Answer:  
These tariffs will be reviewed and rectified in the upcoming review 
scheduled for 2022.  
37. Page 65, 
Paragraph 
3.102  Question:  
Appreciate if Myanmar could explain how the various procurements are 
monitored and coordinated within various agencies as well as the 
mechanism used to disburse procurement related  information to vendors.  
 
Answer:  
Myanmar is in the process of reforming its public procurement regime and 
in this context Myanmar is working on a draft Public Procurement and Asset 
Disposal Law. In the meanwhile, all government agencies must adhere to 
Presidential Directive (1/2017) when conducting procurement and they have 
to carry out disbursement in accordance with Myanmar Financial Rules and 
Regulations (35/2017), the Accounting Policy (HtaSa, OoSa) and the Budget 
Law of relevant fiscal year. Monitorin g is being carried out by the conducting 
the procurement . 
38. Page 69, 
Paragraph 
3.127  Question:  
Appreciate if Myanmar could explain if the new law has served as greater 
impediment for infringement and what are the enforcement measures taken 
to prevent IP related infringements from happening.  
 
Answer:  
The IP laws were adopted recently in 2019 and the implementing 
regulations are still under preparation/consideration. Myanmar's IP laws 
were developed to protect intellectual property in Myanmar an d address IP 
related infringements and violations.  
  WT/TPR/M/405/Add.1  
 
- 58 - 
 
  - 58 - 51. Page 12,  
Paragraph 
2.56 Question:  
What are the top sectors that Myanmar received the most FDI in 2020?  
 
Answer:  
Oil and Gas Sector (24.02%), Power Sector (23.71%), Manufacturing 
Sector (15.59%), Transport and Communication Sector (15.13%), and 
Real Estate (7.38%), are the top sectors that Myanmar received the 
greatest share of FDI in 2020. Please visit to DICA website 
www.dica.gov.mm for more information.  
52. Page 12,  
Paragraph 
2.56 Question:  
Which top 5 countries are the highest contributors and in which sector?  
 
Answer:  
Singapore; China; Hong Kong, China; Thailand; and the UK are the top 5 
countries investing in Myanmar. Singapore is investing in Real Estate, 
Transport and Comm unication more than other sectors. China tops the list 
of investors in the Power Sector. Hong Kong, China; Thailand; and the UK 
are the highest contributors to the Oil and Gas Sector.  
  WT/TPR/M/405/Add.1  
 
- 59 - 
 
  - 59 - 11  PHILIPPINES  
1. Page 68,  
Paragraph  
3.117  How will the implementation 
of the Copyright Law affect 
the Television and Video Law 
and the Motion Picture Law?  The Copyright Law (2019) mainly 
provides rights to the owners of 
copyrights and related rights owners, 
regulates the transfer of rights and 
foresees penalti es for the infringements 
of rights.  
The provisions of the Copyright Law are 
not directly linked to the provisions of 
the Television and Video Law and Motion 
Picture Law. As a result, we do not 
expect the implementation of the 
Copyright Law to have a negati ve impact 
on the operation of the Television and 
Video Law and the Motion Picture Law.  
2. Page 68,  
Paragraph  
3.121  What are the criteria for the 
grant of compulsory licenses?  Compulsory licenses may be granted in 
cases where  
i. national security for the pub lic 
interest, nutrition, health or the 
development of other vital 
sectors of the national economy 
so requires;  
ii. a judicial or administrative body 
has determined that the manner 
of exploitation, by the patentee 
or his licensee, is anti-
competitive, and the exploitation 
of the invention in accordance 
with this subsection would 
remedy such practice;  
iii. the patentee is abusively 
exercising his exclusive rights or 
negligent in taking measures to 
prevent his licensee from 
abusively exercisi ng the licensed 
exclusive rights;  
iv. the invention  is not available  in 
sufficient quantities or qualities 
or at reasonable prices in the 
State, either through 
manufacture in the State or 
through importation;  
v. when a patent (the second 
patent) claiming an 
inven tion that involves an 
important technical advance of 
considerable economic 
significance  in relation to any 
invention  claimed in a patent 
(the first patent) without 
infringing  which the second 
patent cannot be exploited.  
 
3 Page 68,  
Paragraphs  
3.130 -3.131  How does the Customs detect 
illegal imports of IPR -related 
goods? Is there a verification 
process to certify that the 
goods are counterfeit?  Myanmar will answer this question at a 
later time.  WT/TPR/M/405/Add.1  
 
- 60 - 
 
  - 60 - 4 Page 68,  
Paragraph  
3.126  ls the collaboration with the 
national enforcement bodies 
institutionalized in Myanmar?  A Working Committee for the Protection 
Against Illegal Trading was established 
in February 2020. Intellectual property 
rights protection is one of the main 
functions of this committee. According to 
the functions of this Committee, the 
protection against IP infringements will 
be conducted in cooperation with the 
related Ministries and Organizations 
under this Committee.  
Furthermore, a working group for the 
enforcement of the legal protections 
against the infringement of intellectual 
property rights will be established after 
enforcing the IP Laws in Myanmar, with 
the permission of the IP Central 
Committee. This working group will 
cooperate with the related government 
organizations in order to prevent 
infringements of the registered 
intellectual property rights effectively.  
5 Page 29,  
Paragraph  
3.109  As Myanmar's priority, what 
are the specific plans to 
address the challenges in 
protecting IP with the growth 
of e-commerce and use of  
the internet in 
communicating, broadcasting 
and advertising among 
others?  The Copyright Law (2019) of Myanmar 
covers the rights of communication to 
the public, broadcasting and making 
available to the public, in line with the 
WIPO Internet treaties. So, it will be 
enable right holders and the government 
to protect IPRs with the growth of e -
commerce and use of internet, at least  
to some extent. To the extent that 
challenges prove to be beyond the 
provisions of the WIPO Internet treaties, 
Myanmar endeavours to learn from 
international best practice to address 
them.  
6 Page 29,  
Paragraph  
3.112  Have there been challenges in 
implementing the awareness 
and capacity building activities 
since restrictions were 
implemented due to  
the COVID -19 pandemic? 
What are the changes 
implemen ted to adapt to the 
new normal?  Notwithstanding the restrictions that 
became necessary during the C OVID -19 
pandemic, the government has 
implemented through virtual channels 
the envisaged awareness and capacity 
building activities more or less as 
planned.  
The changes implemented to adapt to 
the "new normal " are working in shifts, 
not receiving in person applications, 
virtual trainings, increasingly using 
online tools in organizing the work flow 
process, etc.  
 
8. Page 31,  
Paragraph  
2.28 Question:  
How has Myanmar benefitted from the above -mentioned preferential 
schemes (i.e. in terms of diversifying exports, improving competitiveness 
of industries, etc.)?  
 
Answer:  
Myanmar has benefited from the above -mentioned preferential schemes 
as Myanmar is one of t he Least Developing Countries (LDCs).  
For instance, Myanmar has clearly improved in the competitiveness of 
CMP industries especially in the garment sector, and fisheries sector.  WT/TPR/M/405/Add.1  
 
- 61 - 
 
  - 61 - 9. Page 31,  
Paragraph  
2.29  Question:  
Does Myanmar have any plans to pursue other bilateral joint trade 
commissions outside the ASEAN region? Please share future plans to 
pursue bilateral FTAs with other countries?  
 
Answer:  
Myanmar has the plans to extend bilateral Joint Trade Commission/ 
Committee outside the ASEAN Region.  Currently, Myanmar has 
established Bilateral Joint Trade Commission/ Committee with the 
following countries outside the ASEAN.  
1. India (Myanmar -India Joint Trade Committee)  
2. Bangladesh (Myanmar -Bangladesh Joint Trade Commission)  
3. Republic of Korea (Myanmar -Korea Joint Commission for Trade 
and Industrial Cooperation)  
In order to pursue bilateral FTA with other countries, Myanmar has been 
analyzing the current trade trend and potentials of some major trading 
partner countries by taking into account on bilateral trade and diplomatic 
relations, export diversification and penetration of Myanmar 's export to 
different part of the regions in the World, attracting Foreign Direct 
Investment, current LDC status and possible LDC graduation status, and 
sustainable developme nt in Trade Sector.  
10. Page 36,  
Paragraph  
2.56  Question:  
Please share any plans to expand BIAs with other countries?  
 
Answer:  
Myanmar will have the plan to expand BITs and the Promoting and 
Protection Agreement with Cambodia is under the negotiation process. 
Myanmar will participate with ASEAN in the plus FTAs.  
11. Page 37, 
Paragraph  3.3  Question:  
Are there positive effects of such initiative on Myanmar 's trade flows? 
Please elaborate.  
 
Answer:  
The positive effects impact on the trade flow due to the permission of 
directly imported goods from the foreign companies by allowing retail 
and wholesale distribution. Moreove r, as the advantages, the consumers 
can easily choose the high -quality products at affordable prices and the 
foreign investment increases in the retail and wholesale sector.  
12. Page 40, 
Paragraph  
3.16   Question:  
What are the effects of the tariff increa ses on aforesaid products on 
Myanmar 's economy between 2013 -2020? 
Answer:  
Tariff increases on aforesaid products would be effective in revenue 
collection and simplification of tariff including the large number of 
nuisance duties.  
13. Page 42, 
Paragraph  
3.23 Question:  
What is the basis for exempting the 42 types of goods from commercial 
tax for the whole supply chain?  
Answer:  
Under the Union Taxation Law, 2020, there are 43 types of goods which 
are exempted in commercial tax. Those goods are exempted on the 
basis of fol lowing sectors:  
1. Food Commodities  
2. Agriculture and Livestock Commodities  
3. Commodities for School and Office Use  
4. Health related Commodities  
5. Commodities for Religious and Social Use  
6. Transport related Commodities  
7. Commodities for Industrial Use  WT/TPR/M/405/Add.1  
 
- 62 - 
 
  - 62 - 8. Commodities related to Defense  
9. Gems and Mineral Commodities  
10. General Commodities  
For more information on exempted goods, please visit the 
www.ird.gov.mm  which is IRD 's official website.  
14. Page 42, 
Paragraph  
3.24 Ques tion:  
Has Myanmar conducted a review of the effect of the SGT on Myanmar 's 
importers and on import volumes?  
 
Answer:  
Internal Revenue Department (IRD) is currently try to build the 
necessary capacity, however we haven 't conducted this research yet.  
15. Page 45, 
Paragraph  
3.30 Question:  
Is this import restriction measure notified in the WTO? What is the effect 
of this measure on importers and/or exporters?  
 
Answer:  
Although the importation of seasonal fruits is restricted only in the 
trading at the border  areas, there is no restriction in the oversea trade. 
Therefore, there is no negative effect for the importers/exporters. 
Regarding the ban on importation of bean and pluses, it will be reviewed 
and consulted with concerned stakeholders.  
16. Page 49, 
Paragraph  
3.37  Question:  
Pending the enactment of AD and CVD legislations, what actions and/or 
measures do the government provide to protect a domestic industry that 
is materially injured, or threatened to be materially injured, by 
dumped/subsidized impor ts? 
 
Answer:  
The legislation of AD and CVD Laws are currently in the drafting stage. 
Only after the enactment of anti -dumping and countervailing laws, the 
injury of the local businesses affected by the subsidy and anti -dumping 
and the threat of harm will be prevented.  
17. Page 49, 
Paragraph  
3.37  Question:  
Pending the affectivity of an SG law in July 2021, how does the 
government address importations of a specific good in significantly 
increased quantities that cause serious injury to a domestic industry?  
 
Answer:  
After the enforcement of the SG law, the local business which effected 
seriously due to the import raising will be protected in accordance with 
the law. Currently, the draft rule is being designed and on the other 
hand, establishing the committee a nd the implementation plans will be 
performed under this rule.  
18. Page 53, 
Paragraphs  
3.57-3.58 Question:  
What are the specific international cooperation/collaboration to support 
farmers, producers, processors and exporters deemed relevant for 
export pr omotion and those relating to Myanmar Climate Smart 
Agriculture Strategy?  
 
Answer:  
Effort to increase export, improve the competitiveness and build 
capacities of farmers, producers and processors and exporters are 
realized by number by numerous developmen t partners providing trade -
related technical assistance (TRTA) in Myanmar. There are multiple 
projects and initiatives implemented by development partners that 
support export promotion and work closely with beneficiaries before 1st 
February, 2021.  
To name  a few, ARISE Plus  Myanmar project, which is part of the larger 
EU-funded ARISE Plus Regional programme, supports promotional efforts 
by training SMEs on business and export plans, enhancing sectors WT/TPR/M/405/Add.1  
 
- 63 - 
 
  - 63 - associations ' skills for increased market outreach and branding and 
producing promotional materials (videos, brochure) for specific crops to 
be presented at the virtual trade fairs, develop business connections 
between local industry and importers in the ASEAN region a nd the EU 
(for example, through B2B), raise awareness awareness SMEs on Food 
Safety to reach new markets. GIZ projects such as the Private Sector 
Development programme, the Livelihoods and Food Security Fund (LIFT) 
and the Sustainable Agriculture and inclu sive markets to increase 
smallholder farming households ' incomes. Responsible trade and private 
sector investment, facilities deal and business partnerships, engages 
international and domestic private sector firms for further business 
linkages.  
Myanmar Sustainable Aquaculture Programme (MYSAP) develops local 
hatcheries and demonstrate environmentally friendly practices (GAqP) 
directly to local farmers. All these activities are aligned to Myanmar 
Climate -Smart Agriculture strategy that aims to ach ieve sustainable 
agricultural development in Myanmar.  
19. Page 53, 
Paragraphs  
3.57-3.58 Question:  
As Myanmar implements the second phase of the collaboration project 
with ITC under NES, what are the key intervention areas lined up 
particularly relating t o agribusiness and food manufacturing?  
Answer:  
One of the key areas of supporting the development of agribusiness and 
food manufacturing is to connect Myanmar sector associations with their 
counterparts in foreign countries to promote business linkages and  
partnerships. Additional activities to build linkages (through online B2B 
meeting or study visits) with foreign processing plants should be realized 
to encourage value addition and product diversification. These linkages 
may lead to increased trade and in vestment deals, creating new Job 
opportunities, improving skills, and enhancing technologies.  
Among other activities that are  planned there is also further 
implementation of contract farming arrangements through pilot 
initiatives, organization of farmers -processors roundtables as well as 
match -making events, building capacities of enterprises meeting 
environmental, social, and economic sustainability standards, supporting 
private operatives ' participation in international fairs and exhibitions to 
promote Myanmar products and learn about modern food technologies 
and network with international manufactures.  
Technical support and activities for investment targeting campaigns to 
attract new investment to develop agribusiness and food manufacturing 
is also envisaged. Development of investment promotion materials under 
DICA's leadership will also support these efforts.  
20. Page 65, 
Paragraph  
3.102  Question:  
Please share Myanmar 's objectives in obtaining Observer status in the 
WTO Agreement on Government Procurement (GPA) considering the lack 
of legislation on public procurement and lack of centralized procurement 
agency? How does the government address procurement issues absent a 
specific legislation and central institution?  
 
Answer:  
Government Procurement Reform is still ongoing process in Myanmar. 
For the time being, Public Procurement and Asset Disposal Law has been 
drafted and is discussing at the Parliament. However, All Government 
Organizations have to follow Presidential Directive (1/ 2017 ) issued 
dated on 10 -4-2017 regarding Government Procurement. In this 
directive, there are paragraphs related to complaints mechanism. 
Myanmar obtains Observer status to the WTO agreement on Government 
Procurement (GPA) so as to promote cooperation among t he parties 
after the law has been enacted.  WT/TPR/M/405/Add.1  
 
- 64 - 
 
  - 64 - 21. Page 68, 
Paragraph  
3.117  Question:  
How will the implementation of the Copyright Law affect the Television 
and Video Law and the Motion Picture Law?  
 
Answer:  
The Copyright Law (2019) mainly provides the rights to the Copyright 
owners and Related Rights owners, transfer of rights and penalties for 
the infringements of rights.  
The provisions of Copyright Law do not have direct relationship with the 
provisions of the Television and Video Law and Motion Pictu re Law. So, 
the implementation of the Copyright Law will not have negative impact 
on the Television and Video Law and the Motion Picture Law.  
22. Page 68, 
Paragraph  
3.121  Question:  
What are the criteria for the grant of compulsory licenses?  
 
Answer:  
(i) national security for the public interest, nutrition, health or the 
development of other vital sectors of the national economy so 
requires;  
(ii) a judicial or administrative body has determined that the manner of 
exploitation, by the patentee o r his licensee, is anti -competitive, 
and the exploitation of the invention in accordance with this 
subsection would remedy such practice;  
(iii) the patentee is abusively exercising his exclusive It rights or 
neglecting in taking measures to prevent his lic ensee from abusively 
exercising the licensed exclusive rights;  
(iv) the invention  is not available  in sufficient quantities or qualities or at 
reasonable prices in the State, either through manufacture in the 
State or through importation;  
(v) when a patent (the second patent) claiming an invention  that 
involves an important technical advance of considerable economic 
significance  in relation to any invention  claimed in a patent.  
23. Page 69, 
Paragraphs  
3.130 -3.131  Question:  
How does the Customs detect  illegal imports of IPR -related goods? Is 
there a verification process to certify that the goods are counterfeit?  
 
Answer:  
Myanmar customs is detecting illegal imports of IRP -related goods as 
follows:  
(a) In the case of recorded goods (Recordation), front line officers 
have been informed of IPR infringing goods.  
(b) If there is no recordation produce, Customs has the authorities 
to apply Ex Officio.  
(c) When such goods arrived at any entry point/check point and 
port, Myanmar Customs contacts Ri ght Holders to identify if 
those are genuine or not.  
24. Page 69, 
Paragraphs  
3.130 -3.131  Question:  
Is the collaboration with the national enforcement bodies 
institutionalized in Myanmar?  
 
Answer:  
The collaboration with the national enforcement bodies is 
institutionalized in Myanmar. Myanmar Customs is collaborating with 
other administrations: such as Ministry of Commerce, Union Attorney 
General Office, Myanmar Police Force, Food and Drugs Administr ation 
and Agricultural Department.  
Currently, a Working Committee for the protection of the Illegal Trading 
is established in February 2020. Intellectual property rights protection is 
one of the main functions of this committee. According to the functions  
of this Committee, the protection of IP infringement will be taken WT/TPR/M/405/Add.1  
 
- 65 - 
 
  - 65 - cooperation with the related Ministries and Organizations under this 
Committee.  
Furthermore, the working group for enforcing the infringement of 
intellectual property rights with the permi ssion of the IP Central 
Committee will be established after enforcing the IP Laws in Myanmar. 
This working group will be organized with the related government 
organizations in order to prevent the infringement of the registered 
intellectual property rights  effectively.  
25. Page 69, 
Paragraph  
3.126  Question:  
In relation to the implementation of the newly -enacted Plant Variety 
Law, what are Myanmar 's strategies and key interventions to promote 
local and foreign investments in plant breeding activities?  
 
Answer:  
The ways of Myanmar 's strategies to implement for New PVP law are:  
1. Collaboration with the EAPVP forum to implement regionally 
harmonizes PVP system.  
2. To become UPOV member for the internationally harmonize 
PVP system.  
3. DUS test report exchange through MOU between the PVP 
partners.  
To promote local and foreign investment in Plant breeding Raising 
Awareness on Law enforcement.  
If PVP Law enforces red, local and foreign investment will be promoted 
because of article 2(d), Plant Bree der's Right (PBR) in article 23 and 
article 39.  
26. Page 79, 
Paragraph  
4.48  Question:  
What are the salient features of the Myanmar Mining Policy that is 
currently in the legislation process?  
 
Answer:  
The salient features of the Myanmar Mining Policy (draft) are as follows;  
▪ To implement the Green Eco -System, and to extract natural 
resources as a limited basis by applying advanced technology 
system in accordance with good management practices and 
procedures  
▪ To establish responsible mining which b enefited for all multi 
stakeholders including State, business and residence  
▪ To attract investment of foreign and domestic which can be 
provided for the interests of State and People  
▪ To equally develop social, economic, health, education sector 
and to creat e job opportunities of resident people  
▪ To eliminate illegal extraction by systematically developing micro 
and small business of mining extractio n 
27. Page 79, 
Paragraph  
4.48  Question:  
Myanmar encourages industrial development by not permitting exports 
of metal ores. Is there a minimum value/concentration to which the ores 
need to be refined/ beneficiated?  
 
Answer:  
Myanmar encourages industrial development by not permitting exports 
of metal ores. The reasons are as follow:  
▪ To create the sustainab le development for limited exploitation of 
natural resources (Minerals, Gems and Pearl, etc.)  
▪ To produce with minimum loses of the high -quality refined 
products by using advanced technologies while intending to 
support the National Socioeconomic development of the State  
There is a minimum grade/ quality to be exported.  WT/TPR/M/405/Add.1  
 
- 66 - 
 
  - 66 - 28. Page 81, 
Paragraph  
4.65 Question:  
The 2016 Myanmar Investment Law states that FDI for certain chemicals 
are allowed only in the form of joint ventures in the production or 
distribution. Could Myanmar provide the rationale of this provision and 
the specific chemicals involved?  
 
Answer:  
Section 41 of the Myanmar Investment Law stipulates the investment 
activities that may bring or cause hazardous or poisonous was te into the 
Union as the prohibited investment. In addition to this, the Myanmar 
Investment Commission Notification No.  15/2017 clearly describes that 
the investment activities related with chemicals can be only allowed by 
JV as follows:  
1. Manufacturing and domestic distribution of chemicals based 
on available natural resources  
2. Manufacturing and domestic distribution of flammable solid, 
liquid, gaseous fuels and aerosol (Acetylene, Gasoline, 
Propane, Hair Sprays, Perfume, Deodorant, Insect s pray)  
3. Manufacturing and domestic marketing of oxidants (Oxygen, 
Hydrogen, Peroxide), compressed gases (Acetone, Argon, 
Hydrogen, Nitrogen, Acetylene)  
4. Manufacturing and domestic marketing of corrosive 
chemicals (Sulphuric Acid, Nitric Acid)  
5. Manufacturing an d distribution of industrial chemical gases 
including compressed, liquefied and solid forms  
29. Page 81, 
Paragraph  
4.66 Question:  
What are the estimated costs and benefits of the 2020 electricity tariff 
rates in a bid to reduce losses at the Electric Powe r Generation 
Enterprise (EPGE) while mitigating the impact on the poor?  
 
Answer:  
In 2020, people in Myanmar have been suffered the impact of COVID -19 
pandemic like other countries for the whole year. In this situation, the 
government reduced the electricity tariff rate so as to support as the 
relief for the people instead of considerin g for the estimated costs and 
benefits of the 2020 electricity tariff rates in a bid to reduce losses at the 
Electric Power Generation Enterprise (EPGE) while mitigating the impact 
on the poor. In this regard, the revenue from the electricity tariff were 
decreased, however; it is one of the effective supports of the 
government for people in Myanmar.  
30. Page 84, 
Paragraph 
4.86 Question:  
Given the reforms undertaken by Myanmar, such as in the banking, 
insurance, and telecommunications sectors to allow more foreign 
investments, are there modifications being considered in Myanmar 's 
Schedule of Specific Commitments in the different FTAs it is part of to 
reflect the changes made in relevant legislation (e.g. Myanmar 
Companies Law of 2017)?  
Answer:  
Given the  reforms undertaken by Myanmar, there are some modifications 
in services sectors such as the Marine, Aviation and Transit (MAT) 
insurance services. MAT insurance service is one of the commitments 
liberalize in 9th Package of Commitment on Financial Service s under the 
ASEAN Framework Agreement on Services (AFAS). Myanmar has 
committed for MAT insurance of Mode 1,2 and 3 out if 4 modes, which is 
the rule of WTO as "None" in Limitation on Market Access (MA) and 
National Treatment (NT). Only mode 4 (presence of  natural persons) is 
committed to transact on MA and NT in accord with the approval of the 
Insurance Business Regulatory Board (IBRB).  
Regarding the telecommunication sector, there is no modifications.  WT/TPR/M/405/Add.1  
 
- 67 - 
 
  - 67 - 31. Page 88, 
Paragraph 
4.107  Question:  
Are there initiatives by the private sector to invest in COVID proofing 
measures of their aircraft operations and facilities?  
Answer:  
Domestic commercial air services have been temporarily suspended in 
Myanmar from September 2020 to date, as part of the Government 's 
efforts to control COVID -19 transmissions, therefore; there are no 
obvious initiatives by the private sector to invest in COVID proofing 
measures of their aircraft operations and facilities at this moment.  
32. Page 96, 
Paragraph 
4.155  Question:  
We would appreciate receiving further information regarding the 
Myanmar Services Trade Enhancement Project (M -STEP). Aside from the 
National E -Commerce Strategy, what are the other outputs of the 
Project?  
Answer:  
There are some activities such as  digital advocacy, STIP which are under 
the implementing process apart from  the National E -Commerce Strategy. 
However, for the time being, all activities of the Myanmar Services Trade 
Enhancement Project (M -STEP) was temporarily paused according to the 
letter from EIF secretariat dated on 5th March, 2021.  
 
(REPLIES ON GOVERNMENT REPORT)  
 
2. Page 14, 
Paragraph s 
2.70-2.71 Question:  
Is the Consumer Protection Commission responsible for the protection of 
consumers online / in e -commerce transactions?  
 
Answer:  
The Consumer Protection Law was promulgated on 15 March 2019 with the 
purpose of a better enforcement of the law for conducting consumer 
protection activities across the nation. The power, function and duties of 
Myanmar Consumer Prot ection Commission include "implementing to achieve 
the objectives of Consumer Protection Law ". In this context, Consumer 
Protection Commission is responsible ensuring consumer rights fully, 
conducting consumer education programmes, encouraging the level pl aying 
field for the business, protecting consumer losses and damages and imposing 
concrete actions if it is found the hazardous goods and services including 
online / e -commerce transactions for the consumers.  
3. Page 15, 
Paragraph  
2.85 Question:  
What were Myanmar 's programs/initiatives to support MSMEs during the 
COVID -19 pandemic, including recovery efforts if any?  
 
Answer:  
Some outstanding Myanmar 's programs/initiatives to support MSMEs during 
the COVID -19 pandemic are as follows;  
▪ Under the COVID -19 fund of MMK 200 billion (USD 134 million, or 
about 0.2% of GDP), the preferential loans were offered at a 1% 
annual interest rate to garment producers and other manufacturing 
firms, hotels, and tourism service providers, which were most 
adversely impacted for the first phase,  
▪ Low-interest loans of up to MMK 500 billion are available to the private 
sector through the state -owned Myanmar Economic Bank  
▪ credit guarantees are provided to SMEs and high -growth sectors, 
contingent on retaining e mployment.  
4. Page 20, 
Paragraph  
3.31 Question:  
How does the Government of Myanmar determine the priority sectors for 
development? What are the factors being considered in the formulation of 
Industrial Policy and Strategy? How often does the Government of Myanmar 
revisit and change the strategies?  WT/TPR/M/405/Add.1  
 
- 68 - 
 
  - 68 -  
Answer:  
According to the Myanmar Industrial Development Strategy ( 2017), there are 
ten priority industries to be promoted for the industrial development. Each 
priority industry was selected on the basic of national development plans and 
strategies; Industrial Policy, Myanmar Industrial Development Vision (MIDV) 
and National Export Strategy (NES). Main considerations in the Industrial 
Policy formulation are local economic situation, the favour of  NES and trend 
of regional and international collaboration. Some strategy like National Export 
Strategy changes every five years.  
5. Page 21, 
Paragraph  
3.22 Question:  
Please describe the progress made recently in fishery and agriculture.  
 
Answer:  
Agriculture Sector  
The agricultural sector includes Crops, Livestock and Fishery sub -sectors 
which contribute 22.4% of GDP, 19.6% of total export earnings in 2018 -2019 
respectively, and employ 67.3% of the labour force.  
The agriculture sector remains stron g and as a whole contributes 22% of the 
overall Myanmar export sectors in 2019 -2020. Fruits and vegetables are 
reportedly on the list of key export products. Rice and broken rice, pulses and 
beans, and maize are the main items of export in the agricultural  sector while 
fruits and vegetables, sesame, dried tea leaves, sugar and other agricultural 
products are also exported to other countries. Myanmar mainly exports 
agricultural products to China, Singapore, Malaysia, the Philippines, 
Bangladesh, India, Indon esia, etc.  
For the Agriculture Sector, SPS Notification of Myanmar was submitted to the 
WTO as follows;  
 
(1) G/SPS/N/MMR/1(12.3.2020) Plant Pest Quarantine Law 
(1993)  
(2) Agreement on Import Licensing Procedures  
 
Myanmar launched the Agriculture Development Strat egy and Investment 
Plan 2018 -2023 in June 2018, which encourages good management, 
productivity and competitiveness in the sector. The plan aims to promote 
private sector interest and encourage farmers to improve the market access 
and information. To boost agricultural production, Myanmar is tackling the 
challenges of erratic weather, capacity and technical know -how to produce 
value -added products and dependence on foreign market demand.  
For the agriculture sector, Myanmar targets to develop more high -qualit y 
agriculture, livestock and fisheries products, to invest in value -added food 
industries and whereby to increase the exports. Locally produced fresh fruit 
and vegetable sector is listed as one of the priority export sectors to be 
focused in future.  
Fisher ies Sector  
Regarding Fisheries Sector, Department of Fisheries (DOF) has already issued 
" Technical Regulation for Export and Import of Fishery Products " based on 
WTO-SPS agreement assistance by FAO due to Directive -2/2015 and it was 
amended with Directive No. 8/2018 for fishery establishments to operate in 
food safety activities through the supply chain like fishing vessels, landing 
sites, auction markets , hatcheries, aquaculture, feed plants, ice making 
plants for fishery products and processing establishments according to the 
international market requirements especially ASEAN, China and importing 
countries ' requirements.  
Myanmar 's fisheries exporters are required to implement the HACCP not only 
by the more advanced importing economies but also by the more developed 
ASEAN members, mainly Malaysia, Thailand and Singapore. There are more 
than 120 cold -storage facilities in Myanmar, o f which 23 have been allowed to 
export fish caught in the wild to the EU in June 2019, and two more factories 
from Yangon Region and Rakhine State have been granted permissions in WT/TPR/M/405/Add.1  
 
- 69 - 
 
  - 69 - September 2019, according to the Fish Inspection and Quality Control 
Divisio n under the DOF.  
Myanmar exports fishery products to 40 foreign countries, including countries 
in the European Union, China, Saudi Arabia, USA, Japan, Singapore, Thailand, 
etc. As exports of Myanmar farmed fish to the European Union have now 
been allowed, breeders are undertaking necessary measures to ensure 
Myanmar fishery products meet the rules and regulations of the EU market, 
according to the Myanmar Fisheries Federation (MFF). The MFF is working 
with fish farmers, processors, and the DOF to develop th e GAqP system.  
6. Page  27, 
Paragraph  
3.92 Question:  
What policies/ laws are present to protect the subscribers from unfair trade 
practices? Is there a law that sets minimum speed requirements for internet 
service providers?  
 
Answer:  
To protect the unfair  trade practices, the competitional rules and regulations 
for telecommunication have been promulgated. There is no specific provision 
that sets minimum speed requirements for internet service providers. The 
minimum speed requirement for internet service pr oviders depends on the 
types of telecommunication service license.  
7. Page 29, 
Paragraph  
3.109  Question:  
As Myanmar 's priority, what are the specific plans to address the challenges 
in protecting IP with the growth of e -commerce and use of the internet in 
communicating, broadcasting and advertising among others?  
Answer:  
The Copyright Law (2019) of Myanmar covers the rights for communication to 
the public, broadcasting and making available to the public, in line with the 
WIPO Internet treaties. So, it will be enabling to protect the IPR with the 
growth of e -commerce and us e of internet to some extent. If the challenges 
are beyond the provisions of the WIPO Internet treaties, we have to learn 
from the international practices to address it.  
8. Page 29,  
Paragraph  
3.112  Question:  
Have there been challenges in implementing the awareness and capacity 
building activities since restrictions were implemented due to the COVID -19 
pandemic? What are the changes implemented to adapt to the new normal?  
 
Answer:  
Although we have many restrictions during the C OVID -19 pande mic, we have 
done virtually the awareness and capacity building activities using internet 
connection.  
The changes implemented to adapt to the new normal are working in shifts, 
not receiving in person applications, virtual trainings, using online in the 
workflow process more than as usual, etc.  
  WT/TPR/M/405/Add.1  
 
- 70 - 
 
  - 70 - 12  SINGAPORE  
54. Page 38,  
Paragraph  
3.8  Question:  
Can the Government of the Union of Myanmar explain how it determines the 
transaction value, and how it addresses the difference between transaction 
value declared by the importer and transaction value of identical/similar 
goods if the transaction value of identical/similar goods is higher?  
 
Answer:  
When the transaction value of identical/similar goods is high than the 
transaction value of declared by import er, will be verified where the sale is 
existed. The sale is confirmed; transaction value of declared by importer is 
accepted. If the evidence of sale cannot be provided, the test value could be 
reference as closely approximate . 
55. Page 64,  
Paragraph  
3.98 Question:  
Table 3.13 in the WTO Secretariat Report lays out some State -Owned 
Economic Enterprises (SEEs) which are not privatized. Could the 
Government of the Union of Myanmar share any plans and timelines in 
place for further liberalization to privatize  these SEEs?  
 
Answer:  
In general, Myanmar is trying to make her best effort for further 
liberalization of State -Owned Economic Enterprises (SEEs). Myanmar will 
continue its consultation process among the line agencies, departments and 
private sectors for  further liberalization to privatize these SEEs.   
56. Page 65,  
Paragraph  
3.103  Question:  
The WTO Secretariat Report notes that the tender committee "purchases or 
procures from the supplier offering the lowest price ". Would the tender 
committee also take into consideration "quality " as a factor when making a 
decision for the tender?  
 
Answer:  
At Present, all government organizations shall follow Presidential Directive 
(1/2017) issued dated on 10  April 2017. In this directive, evaluation of 
tender will be as follows:  
(a) The completeness of documents  
(b) Bid Security  
(c) Eligibility  
(d) Manufacturer authorization for goods if required  
(e) Experience of the renderers  
(f) Compliance with specifications  
(g) Compliance with commercial terms  
However, for complex procurement and turnkey project, the assessment 
will be made on rated point system.  
57. Page 72,  
Paragraph  
4.8 Question:  
The WTO Secretariat Report states that "either the amount of crops 
equivalent to the value supported, or all of  the crops, must be sold to the 
contractor for the guaranteed price ". Can the Government of the Union of 
Myanmar explain whether standardized units or specifications are used to 
determine the ‘amount of crops '? 
 
Answer:  
Amount of crop will usually be deter mined the volume of the crop and the 
name of the unit is basket, which is equivalent to 20.9 kg approximately, if 
it is rice. For sesame, it is about 24.5 kg.  
58. Page 74,  
Paragraph  
4.22 Question:  
Can the Government of the Union of Myanmar explain what is the price 
discovery mechanism for export prices of rice from Myanmar?  
 
Answer:  WT/TPR/M/405/Add.1  
 
- 71 - 
 
  - 71 - In general, there is no permanent price discovery mechanism for export 
prices of rice from Myanmar. However, reference price of export prices of 
rice from Myanma r is sometime referred to different sources including 
internet.  
59. Page 91,  
Paragraph  
4.120  Question:  
The WTO Secretariat Report notes that sabotage is open only to national 
carriers, as specified in the Shipping Administration Act, 1954. We would 
appre ciate if the Government of the Union of Myanmar could share whether 
there are plans to allow foreign carriers to operate on these sabotage trades 
in future.  
 
Answer:  
The Shipping Administration Act (1954) is being amended into the Myanmar 
Coastal and Inlan d Water Transport Service License Law (2015). According 
to the current law, only Myanmar registered vessels are allowed for coastal 
and inland trade.  
 
(REPLIES ON GOVERNMENT  REPORT)  
 
24. Page 8,  
Paragraph  
2.16 Question:  
The Government Report states that the Digital Economy Development 
Committee has adopted the Digital Economy Roadmap. Could the 
Government of the Union of Myanmar provide more details on the Digital 
Economy Roadmap, such as (i) the time period that they are looking to 
implement this, and (ii) policies that are being implemented to ensure a 
business -friendly e -commerce ecosystem?  
 
Answer:  
The Myanmar Digital Economy Roadmap was released with a mission of 
enabling digital transformation, governance, trade and innovation to 
develop a digital economy and encourage inclusive and sustainable 
socioeconomic development. It is supported by four pillars, a 6 plus 1 
strategy, nine priority sectors. 14 goals, 32 short term action plans and 6 
longer term action plans, which include dra fting a policy to support digital 
trade and e -commerce, online payments, tax incentives and cybersecurity. 
The Digital Economic Development Committee was established in June 2017 
by collaboration of the government and private sectors and it is expected to 
be implemented by 2025 based on the four pillars of Digital Transformation, 
Digital Government, Digital Trade and Digital Society.  
25. Page 13,  
Paragraph  
2.58 Question:  
The Government Report states that the Myanmar Investment Law has been 
adopted in 2016 . Could the Government of the Union of Myanmar share 
whether the grievance mechanism for dispute resolution under the 
Investment Law has been tapped on?  
 
Answer:  
To settle any investment dispute between the investor and the Union, the 
Investment Assistance Committee was formed in accordance with Chapter 
XVII of the Myanmar Investment Rules. Later, it is substituted by the 
Investor Grievance Mechanism with the Notif ication No. 9/2020 and the 
Investor Grievance Mechanism Committee was formed on 21 December 
2020 with the Notification No. 21/2020. The Committee is responsible for 
any potential dispute between the investor and the Union. The procedures 
for implementing t he Investment Grievance Mechanism are under the 
process.  
26. Page 13,  
Paragraph  
2.60 Question:  
The Government Report states that "a private company can be incorporated 
with one shareholder and one resident director ". Could the Government of 
the Union of  Myanmar explain why a resident director is required? Does this 
apply to foreigners seeking to set up their companies/subsidiaries in 
Myanmar?  WT/TPR/M/405/Add.1  
 
- 72 - 
 
  - 72 - Answer:  
Under section 4 of the Myanmar Companies Law {2017), a company 
registered must have at least one member,  at least one share in issue 
(provided that a company limited by guarantee need not have a share 
capital) and at least one director who must be ordinarily resident in the 
Union. So, the director may be a foreigner but he or she must be ordinarily 
resident.  "Ordinarily resident" means a person who is a permanent resident 
of the Union under an applicable law or is resident in the Union for at least 
183 days in each 12 months period.  
27. Page 13,  
Paragraph  
2.63 Question:  
The Government Report states that MIFER had launched the second 
Investment Policy Review of Myanmar on 24  November  2020. If the review 
has been completed, could the Government of the Union of Myanmar 
explain what were some challenges identified under this Investment Policy 
Review, and  how the government plans to address these challenges? 
Otherwise, when would the review be completed?  
Answer:  
The second Investment Policy Review of Myanmar was launched on 24 
November 2020. You can find it on OECD website www.oecd.org and DICA 
website www .dica.gov.mm. It reviews challenges in seven policy areas - 
investment policy, investment promotion and facilitation, promoting and 
enabling responsible business conduct, infrastructure connectivity, 
investment framework for green growth, making the most of  economic 
zones, and fostering secure and well -defined land rights - and gives 
recommendations for policy reforms in these areas.  
The Government will implement the policy reforms recommended.  
28. Page 13,  
Paragraph  
2.64 Question:  
The Government Report states that MIFER is "working on developing a Land 
bank". Could the Government of the Union of Myanmar share more about 
this Land Bank, and whether it will be open to all investors, including 
foreigners?  
 
Answer:  
The Directive No. (2/2019) concerning Land and Property Bank was issued 
on 30th August 2019 and the implementation process is being reviewed.  
29. Page 15,  
Paragraph  
2.80 Question:  
The Government Report states that Myantrade was implementing the 
"second phase " of the National Export Strategy (NES). Could the 
Government of the Union of Myanmar provide further details on this second 
phase? Specifically, how would the policies under this second phase add 
value to the agriculture sector? Would the NES include agric -related sectors 
as well, including cold chain logistics, road and rail infrastructure, which 
facilitate agricultural exports?  
 
Answer:  
The National Export Strategy (NES) is a five -year roadmap of the needs and 
priorities for Myanmar 's sustainable development through trade. Action 
plans in the NES include interventions to boost the competitiveness of small 
and medium -sized enterprises (SMEs), to longer -term policy and legislative 
changes, all geared at realizing the vision of the strateg y: sustainable 
export -led growth and prosperity for an emerging Myanmar.  
 
The NES seeks to shift Myanmar 's trade patterns and to translate gains 
from trade into greater prosperity for the people of Myanmar. The country 's 
export structure has changed dramat ically in recent decades. Exports have 
become concentrated on a handful of products, mostly unprocessed natural 
resources, and export destinations remain limited.  
 
To extend trade to new products and markets, the NES serves as a 
roadmap to increase product ion and value addition in the following priority 
sectors in 2015 -2019 such as: beans, pulses and oilseeds; fisheries; WT/TPR/M/405/Add.1  
 
- 73 - 
 
  - 73 - forestry products; textiles and garments; rice; rubber; and tourism. The 
NES also recommends targeted investments for each export sector.  
Under NES (2015 -2019), 131 trade development projects were successfully 
implemented during the time frame and contributed the key trade and 
investment pillar in line with Myanmar 's Sustainable Development Plan 
(MSDP), and 69% of activities were implemented  with national budget 
initiatives and support of Development Partners.  
The second phase of the NES (2020 -2025) provides a key opportunity for 
the Government and private sector to work  together in creating jobs and 
new opportunities for the people of Myanm ar. The world economy is 
changing fast and we need to be more strategic. The global pivot to Asia 
offers new opportunities and challenges for Myanmar. NES implementation 
will provide concrete solutions for Myanmar to participate in global value 
chains.  
With the lessons learnt and successfully implementation of NES (2015 -
2019), second phase of NES (2020 -2025) will be conducted with the vision 
of sustainable export -led growth and prosperity of emerging Myanmar. 
Recommended sectors and trade support functions of NES (2020 -2025) are 
aligned to NES strategic orientation of expanding productive capacities, 
increasing value addition, introducing innovation and enhancing 
diversification of markets.  
The extension of the strategy will also focus on the newly expanded sectors, 
together with current operating sectors of industry, Electrical and Electronic, 
Handicraft, Gems and Jewellery, Food processing based on agriculture 
products, Digital products and services (Digital Economy). The new sectors 
include management sect or such as innovation and entrepreneurship 
sectors. The priority sectors of the previous five -year strategy – rice, 
pulses, rubber, tourism and financial services are also being and will be 
implemented.  
 
The market opportunities for agriculture sector iden tified in NES reflect 
areas in which Myanmar exporters can build the strengths and capacities 
needed to achieve broader market development of the sector. To achieve 
efficiency gains in the sector, key structural changes to the value chain will 
include (i) Promote the development of organic production for accessing 
niche target markets; (ii) Increase coordination with other value chains 
(rice, livestock, fisheries) to build synergies and collaboration for sector 
development; (iii) Increase quality and quanti ty of production through the 
implementation of ASEAN Good Agricultural Practices (ASEAN GAP), etc.  
 
In order to facilitate the agri -related sector development, NES aims to 
improve the quality of facilitation and logistical services for all sectors 
includin g agri -related sector emphasis will be made on development of 
skills, adoption of best practices and amend the regulatory and oversight 
framework in order to facilitate a more efficient trade environment.  
30. Page 21,  
Paragraph  
3.39 Question:  
The WTO Secr etariat Report states that Myanmar is a net exporter of rice, 
which is the country 's main staple. Given the importance of the rice sector 
to Myanmar, what are the plans to improve the post -harvest processing 
capabilities to add value to rice, and thereby b oost its appeal for export?  
 
Answer:  
The main duty of Department of Agriculture is to help the farmers to be able 
to produce more yields with high quality crop including rice and other 
cereals. The post -harvest processing capacities to add value of rice is 
conducting by Ministry of Commerce a nd concerned Organizations.  
  WT/TPR/M/405/Add.1  
 
- 74 - 
 
  - 74 - 13  THAILAND  
25. Page 33, 
Paragraph 
2.4.1  Question:  
Could Myanmar kindly clarify when the starting date of counting for income 
tax exemption is? Is it counted from the first day of income generation?  
 
Answer:  
Income tax exemption is counting as per the Special Economic Zone Law.  
26. Page 45, 
Paragraph 
3.30 Question:  
Thailand would like to know the regulation of permitting the importation of 
fruits only at the certain time of the year, the fruit list and the time period 
under its regulation.  
 
Answer:  
The Ministry of Commerce issued notification No. 3/2019 on the importation 
of fruits, dated April 2019 stipulating the following:  
1. Importation of apple, pear, grape, cheery, sweet tamarind, 
date-palm is allowed any season through border trade posts.  
2. Importation of honey orange is only allowed from March to 
September through all border trade posts.  
3. Importation of durian is allowed from September to April 
through all border trade posts.  
4. Importation of rambutan is allow ed from September to March 
through Myawaddy Border Trade Post and is allowed all year 
through Tachileik Border Trade Post.  
5. Importation of persimmon and pomegranate is allowed all 
season through all border trade posts.  
6. Importation of dragon fruit is allowed  from December to May 
through all border trade posts.  
7. Importation of Sunkist is allowed from February to September 
through all border trade posts.  
8. Importation of mandarin orange is allowed all year through all 
border trade posts  
9. Importation of mangosteen i s allowed from January to March 
and October to December through all border trade posts and 
any season through Tachileik Border Trade Post.  
10. Importation of jackfruit is allowed from January and February 
through all border trade posts.  
11. Importation of longan i s allowed all year through all border 
trade posts.  
12. Importation of lemon is allowed all year through Tachileik 
Border Trade Post and December, January and February 
through the rest border trade posts.  
13. Importation of mango is allowed all year through Tachil eik 
Border Trade Post and October to April through the rest border 
trade posts.  
27. Page 54,  
Table (3.9) 
SEZ 
Incentive  Question:  
Could Myanmar kindly further elaborate what "reinvested as a reserve fund" 
stated Row 3 of the Column Free Zones and Promotion Zones mean?  
 
Answer:  
According to the Special Economic Zone Law (2014), the developer is 
entitled the following income tax exemptions and reliefs:  
1) Income tax exemptions for the first eight years from the 
commencement of business operations;  
2) Fifty per cent relief of the income tax rate stipulated by the existing 
law for the second five years; and  
3) Fifty per cent relief of the income tax rate stipulated by the existing 
law for the third five years on the profit which is obtained from  the 
business if it is reinvested within one year in the business as a 
reserve fund.  WT/TPR/M/405/Add.1  
 
- 75 - 
 
  - 75 - The developer is entitled the following income tax exemptions and relief 
period under Section 40, if the tax exemption and relief under this Law are 
not permitted again, p ay the income tax rate stipulated by the existing law . 
28. Page 54,  
Table (3.9) 
SEZ 
Incentive  Question:  
Could Myanmar kindly clarify what "other goods" stated in the Row 6 of the 
Column Promotion Zones refer to?"  
 
Answer:  
"Other goods" means the goods to be used in the production.  
29. Page 54,  
Table (3.9) 
SEZ 
Incentive  Question:  
Could Myanmar kindly clarify what "provision of services" stated in the Row 
7 of the Column Free Zones refer to?"  
"Provision of services" means that "wholesale trading, e xport trading and 
logistics".  
 
Answer:  
(1) Regarding the entitlement to the exemptions and reliefs on the import 
taxation, for the investor of the Free Zone, the exemption of customs 
duties and other relevant taxation on the import of trading goods, 
consignment goods, motor vehicles and other materials which are 
essential for the business for free -tax wholesale trading, export 
trading and services of provision and transportation.  
(2) The Customs Department shall make customs declaration, scrutinizing 
the documents and if necessary, examining the goods only once in 
accordance with the international norm when raw material and 
machinery which are transported for manufacturing export produce 
into the Free Zone or when export products are sent overseas.  
(3) The Customs Department shall, when inspecting the goods having risk 
imported into the Free Zone by using the way of customs inspection in 
accordance with customs procedures, inspect those goods not more 
than necessary measure.  
30. Page 76, 
Paragraph 
4.34 
(Page 76)  Question:  
Thailand would like to know the regulation that require import of sawn 
timber and forest products are subject to a recommendation issued by the 
Forest Department together with the process and documents to obtain the 
import recommendatio n. 
 
Answer:  
According to the Directive of the forest Department, only "non-native 
species in Myanmar " are allowed to Import and no other specific regulation 
is prescribed.  The detailed contents of "recommendation" from the 
Department of Forest are as follows:  
1. Name of exporter/ Company  
2. Address  
3. Name of forest product  
4. Quantity & Volume  
5. Date of Issue & Expiry  
6. Document referred (Identification for the forest products from 
Department of Forest including Delivery Order (DO) number, 
commodity name, number of s wan timber, quality / grade, CBT)  
7. Hummer marks  
8. Location of the forest products  
9. Country of origin  
10. Country of Destination  
11. mode of transport  
12. Entry port  WT/TPR/M/405/Add.1  
 
- 76 - 
 
  - 76 - 31. Pages 78-
81, Mining 
and Energy  Question:  
Ministry of Energy of Thailand (MoEN) and Ministry of Electricity and Energy 
of Myanmar (MoEE) have close relationship between each other for a long 
time. There are many energy cooperation activities such as oil and gas 
upstream and downstream activities a s well as electric power generation 
and trading along the border of the two countries. In order to enhance our 
energy partnership, MoEN would like to ask MoEE to elaborate more on the 
policy direction and business opportunities in energy sectors of Myanmar  
side recently?  
 
Answer:  
Myanmar's energy policy aims to support the energy transition and promote 
access to energy and investment in energy infrastructure in Myanmar. 
MoEN is keen to explore future cooperation in energy projects with its 
partners in orde r to strengthen its energy security and enhance its energy 
connectivity.  
32. Page 85, 
Paragraph 
4.90 Question:  
It is mentioned that foreign banks may accept foreign currency deposits. 
Apart from those currencies that have already been allowed, will Myanma r 
permit banks to accept deposits in other foreign currencies? What are 
factors that will be taken into account when considering this issue?  
 
Answer:  
The Central Bank of Myanmar allows opening foreign currency accounts 
denominated in US Dollars (USD), Sing apore Dollars (SGD) and Euros (EUR) 
in the AD banks. Moreover, the Chinese Yuan and the Japanese Yen have 
been allowed to transact as payment and settlement currencies. Myanmar is 
considering to allow using other currencies as payment and settlement 
curren cies in the future.  
 
31. Pages 5-6, 
COVID -19: 
Impact and 
Mitigation 
Measures  Question:  
Please advise the long -term policies to support small business affected by 
the pandemic.  
 
Answer:  
The Myanmar Sustainable Development Plan - MSDP (2018 -2030) reflects 
the longer -term policy to strengthen the linkage of nation's developmental 
needs and Sustainable Development Goals. It continues to underpin policy 
making, including with respect to small  businesses, during and beyond the 
pandemic.  
As the short -term policy response to COVID -19, the government released 
the "COVID -19 Economic Relief Plan -CERP" in April 2020 to relieve impacts 
from the COVID -19 pandemic. Under the CERP, the government has 
provided in -kind and in -cash assistance for irregular income households and 
vulnerability groups.  
Equally under the CERP, the government has provided working capital in the 
form of concessional loans to businesses hit by COVID, granted deferred tax 
payment p eriods and tax exemptions, reduced Bank interest rates and 
allowed banks to restructure and reschedule existing loans, secured cash 
and basic commodities for poor people and vulnerability groups and 
implemented the Cash -for-work program to reduce the COVID -19 impacts 
on the rural population by creating a source of income.  
To provide access to market, access to finance and technical assistance for 
MSMEs, the Government of Myanmar has provided financial supports 
schemes jointly with the Myanmar Economic Bank through programs such 
as MSMEs Two  Step Loan, JICA Two Step Loan, Credit Guarantee Insurance 
(CGI), and Denmark Myanmar Country Programme.  
The government is currently in the process of formulating the Myanmar 
Economic Resilience and Reform Plan (MERRP), as  an extension to the 
CERP. The MERRP is directly linked to the MSDP action plans and will be 
implemented with six  goals and 16 action plans. The government recognizes WT/TPR/M/405/Add.1  
 
- 77 - 
 
  - 77 - the need to facilitate MSME's ability to access and insert themselves into 
global supply chains by building up a global network for MSMEs and to 
facilitate exports through standardization. Online business matching and 
online trade fairs for marketing are further avenues being explored.   
32. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Under the E -Commerce Innovation Challenge Initiative, what is the goal 
that the Government intended to achieve? And please share us details of 
the plan.  
 
Answer:  
The goal of the E -Commerce Innovation Challen ge Initiative is to accelerate 
the adoption of e -commerce in a safe, secure, consumer - and business -
friendly ecosystem, through demand -driven innovation and sustainable 
solutions. Corresponding objectives are to: (1) Support economic recovery, 
(2) make gra nt-based challenges accessible to a wider target audience and 
(3) spur innovation in the academic, incubation and business accelerators in 
states and regions. The Challenge was born out of the desire of the 
Government to accelerate e -commerce adoption by b oth merchants and 
consumers as detailed in Goal 5.1 of the CERP. The first generation of the 
Challenge takes the form of a partnership between MoCOM, UNDP Myanmar 
and Phandeeyar, Myanmar's leading business accelerator and incubator. 
Discussions have alread y taken place with GIZ and ITC to support 
subsequent challenges. MoCOM is also considering using its own resources 
to promote innovation in e -commerce to other stakeholders. The first 
generation of the challenge is divided in two rounds, themselves split i n two 
themes: Round 1 focused on Building Resilience against COVID -19 (theme 
I), and MSMEs onboarding acceleration and formalization (theme II), while 
Round 2 focuses on "Women in E -Commerce" (theme III) and "Consumer 
Rights & Online IP" (theme 4). Further  information on the Challenge is 
available on the MoC -hosted dedicated website:  
https://www.connectthedot.com.mm/   
33. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Myanmar sets its economic goa l to be "Digital Economy" especially by E -
commerce, please share how the Government will prepare skilled labours to 
achieve the goal.  
 
Answer:  
The goal to become a truly "Digital Economy" is embedded in, and 
permeates, the government's approach to educatio n on multiple levels. 
Digital and related economic literacy are infused into relevant plans and 
curricula. The country's E -Commerce strategy, developed with the support 
of UNCTAD, emphasizes and underpins various sub -strategies to build up 
the required ski lled labour force.  
The Ministry of Education is currently implementing the first National 
Education Strategic Plan – NESP 1 (2016 -2021) to improve teaching and 
learning, vocational education and training, research and innovation leading 
to measurable impr ovements in student achievement in all schools and 
educational institutions. The objective of a Technical and Vocational 
Education and Training (TVET) Transformational Shift is described in NESP 
as follows: Learners can access TVET and graduate from qualit y-assured 
and labour market -responsive TVET programmes under a more effective 
TVET management system.  
Further, in 2016, Myanmar approved a new Private Sector Development and 
Framework and Action Plan, which was formulated through dialogue 
between multiple government agencies, the United Myanmar Federation of 
Chambers of Commerce and Industry (UMFCCI), and other industry 
representatives. Under that Framework, Myanmar has established a 
Working Committee on Building Myanmar's Human Capital Base, chaired by 
the Ministry of Education. This Committee includes high level representation 
from government and various industries.  WT/TPR/M/405/Add.1  
 
- 78 - 
 
  - 78 - The development of skills specifically for the digital economy is a key 
concern discussed in the Working Committee. In 2019 and 2020, the 
Working Committee, with support from the Ministry of Education, held a 
series of forums in all States and Regions to have an effective dialogue and 
support action planning on private and public collaboration to address 
Myanmar's Human Resource Development pri orities. Prior to, during and 
following these important State and Region consultation meetings DTVET 
has been leading the development of an innovative new national 
programme, called the Schools and Industry Partnership (SIP) to ensure 
that the national edu cation system provides a trained workforce that meets 
the needs of industries.  
The Ministry of Education is currently focused on drafting the next National 
Education Strategic Plan for the period 2021 -2030 (NESP 2). Based on 
lessons learned from NESP 1, the Ministry has identified seven Pillars that 
each of the main NESP 2 Chapters – Basic Education, TVET and Higher 
Education – will focus on for the ten -year period of the plan. These are: (1) 
Access; (2) Curriculum; (3) Teaching and Learning; (4) Assessme nt; (5) 
Management; (6) Financing; and (7) Internationalization and Partnership.  
NESP 2 provides a broad set of strategies reflecting the added maturity of 
the system since NESP 1. The seven pillars provide a depth to the topic of 
quality, with dedicated p illars for curriculum, teaching & learning, and 
assessment. Some NESP1 governance & management goals were perhaps 
too ambitious for that time; NESP 2 allows a second opportunity.  
Reforms over the NESP -1 period focused on providing access, rebuilding 
TVET i nfrastructure and setting the scene for industry and community links. 
Now it is time to transform the overall teaching and learning experience in 
TVET, encompassing a modern curriculum, high quality teaching and 
learning, and a quality assessment and certi fication system. These three 
topics each have a dedicated pillar in this new NESP, signaling the increased 
emphasis they will be given over the next ten years. NESP -2 comes with a 
stronger overall vision and plan for TVET, mechanisms to anticipate labour 
market demand and to priorities development of new programmers in 
industry demanded areas.  
According to the NESP 1 and 2, Department of Technical and Vocational 
Education and Training (DTVET) is emphasizing to expand market oriented, 
quality TVET programmes  to fulfil the current and future labour market 
demand. Most of the TVET Institutes under DTVET are conducting ICT 
related long -term formal courses and competency based modular courses. 
Moreover, DTVET is also providing ICT infrastructure in all TVET insti tutes to 
be effective teaching and learning.  
Beyond TVET the Ministry of Education finds itself in the middle of a major 
reform of school curricula. The Department of Educational research, 
Planning and Training, in collaboration with JICA, is currently im plementing 
the development of the primary curriculum in line with the reform of the KG 
+ 12 education system in the basic education sector. This follows on the 
heels of the development of middle and higher -level curriculum in 
collaboration with ADB in 2016 -2017. The ongoing systematic development 
of reformed curricula for all Grades will be completed by 2023. The goal of 
digital and digital economic literacy for all citizens are part these reforms.  
Meanwhile the basic concept of economics and financial lite racy are already 
being taught in high school in order to provide the students with the basic 
knowledge of economics (including about economics, products and services, 
the Financial Policy of the Central Bank of Myanmar, the financial and 
banking industry, the Country's income, and international economic 
cooperation). Lessons relating to electronic payment and billing services are 
being prepared, which will also include lectures specifically on information 
technology in order to provide the students with the  knowledge of trending 
digital devices and services .  
E-Commerce Strategy  
The Myanmar National E -commerce Strategy developed with the help of 
UNCTAD prioritizes e -commerce skills development, not least as a new WT/TPR/M/405/Add.1  
 
- 79 - 
 
  - 79 - channel to market. This harmonizes with, influenced and benefits from the 
educational reform initiatives described abov e. 
The availability of relevant skills in e -commerce has in the past been limited 
in Myanmar. There is a need to develop the familiarity with and 
understanding of e -commerce amongst businesses intending to buy and sell 
using e -commerce; within the tech sec tor; among courier and postal 
operators; in the financial services sector, not least since that sector will 
need to assess e -commerce business proposals; and in the legal profession 
and among government officials, not least since they will be concerned wit h 
developing and applying e -commerce associated law. The strategic priorities 
in the E -commerce Strategy are related to particular goals in the Digital 
Economy Roadmap and the Myanmar Sustainable Development Plan 
associated with the development of digital skills, encouragement of 
creativity and innovation and encouragement of digital trade.  
The E -Commerce Strategy foresees that the following actions will be taken 
in the next 5 years to prepare skills labour to achieve the digital transition 
goals:  
Priority  6.1: Myanmar's E -commerce and Digital Economy education and 
training is aligned with industry's needs  
6.1.1     Upgrade public tertiary education to meet employers' needs for 
digital transformation  
6.1.2      Develop local capacity to support local compan ies with advanced 
digital skills  
6.1.3      Specialized capacity building for Government staff in the area of 
e-commerce  
6.1.4      Judicial capacity building  
6.1.5      Capacity building in law enforcement agencies  
Priority 6.2: Digital skills and knowledge enhancing programmes are 
available to all segments of the digital economy  
6.2.1      Support efforts to develop e -commerce skills for disadvantaged 
groups of consumers  
6.2.2      Develop awareness raising programmes on the basics of e -
commerce fo r merchants  
Priority 6.3: Technical expertise and professional services associated with 
e-commerce available from Myanmar IT and professional services 
businesses in conjunction with international IT vendors and professional 
services businesses available in  all States and Regions  
6.3.1    Develop e -commerce technical qualifications for IT professionals 
compatible with international standards.  
6.3.2    Introduce e -commerce training at technical universities.  
6.3.3   Develop e -commerce skills units in IT firm s in Myanmar  
34. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Myanmar opens for foreign direct investment since 2014 and plans to drive 
the country for digital economy. Does Myanmar prepare for inter -PPP to 
help the country develop digital infras tructure?  
 
Answer:  
There are altogether six (6) strategic goals and nine (9) priorities under the 
Digital Economy Roadmap. Both for the implementation of the short -term 
action plan and for longer -term measures the government is open to, and 
preparing for the increased use of, PPP -based solutions in order to reach the 
strategic goals and establish long -term sustainability in hard and soft digital 
infrastructure.  
35. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Please advice on how the Government would enhance the investors' 
confidence in investing in Myanmar. Is there any policy to protect investors' 
rights from direct/indirect expropriation?  
 
Answer:  
According to Section 52 (titled "Investment Guarantee") of t he 2016 
Myanmar Investment Law the Government guarantees not to nationalize WT/TPR/M/405/Add.1  
 
- 80 - 
 
  - 80 - any investment carried out in accordance with the law. Except under the 
following conditions, the Government guarantees not to take any measures 
which expropriate, indirectly expro priate or are likely to effectively result in 
the termination of an investment:  
(a) Necessary for the public interest;  
(b) in a non -discriminatory manner;  
(c) in accordance with due process of law;  
(d) on payment of prompt, fair and adequate compensation.  
36. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Regarding the Reform, the Government mentioned that Myanmar's 
economy will change from agricultural sector to manufacturing and service 
sectors, Does Myanmar set up the key industries for its deve lopment on 
these sectors? If yes, please provide us more details.  
 
Answer:  
Myanmar pursues this goal on multiple levels, integrated in its development 
policies. Investment in the relevant sectors is primarily driven by the private 
sector, both domestic and foreign.  
The Small and Medium Enterprise Development Policy (2015) has been 
formulated for the sustainable development of small and medium 
enterprises. MSMEs Development Action Plans are being implemented based 
on the strengths, weaknesses and  strategies of States/Regions. Moreover, 
an MSMEs Master Plan is being prepared aiming to advance human 
resource, market access, financing and infrastructure development for 
MSMEs.  
In advancing industrial development in Myanmar the government is 
focusing o n sustainable industrial -based development. Myanmar's main 
industrial sectors are textile and garment sector, food and beverages, and 
construction materials. Those sectors attract foreign investment the most 
and lead to increased productivity.  
 
To develop value -added exports including agricultural products and 
services, the National Export Strategy (2020 -2025) is being implemented 
with a focus on prioritized industries. These industries include 
manufacturing of agricultural products, textile and garment, ma chinery and 
electrical equipment, fishery products, forestry products, digital products 
and service and logistics services, quality management, trade information 
services, and innovation and entrepreneurship.  
37. Pages 8-9, 
Developme
nts in 
Digital 
Economy  Question:  
Cross border e -commerce became a huge challenge for domestic 
entrepreneurs across the globe. How Myanmar prepare policy to enhance 
the country competitiveness?  
 
Answer:  
While cross -border e -commerce in Myanmar is still limited, measures have 
been taken by the Government to facilitate its adoption by SMEs, in the 
context of commitments made as part the ASEAN e -commerce agreement 
and, more recently, of the RCEP Agreement pr ovisions on e -commerce. The 
Government is committed to accelerating the implementation of efficient 
and streamlined clearance procedures by Customs and other Government 
agencies involved in the importation and exportation of goods, particularly 
referring t o the implementation of the UN Framework Agreement on 
Facilitation of Cross -border Paperless Trade in Asia and the Pacific and the 
WTO TFA obligations (in particular, address issues in customs valuation 
procedures to be consistent with the WTO Customs Valu ation agreement 
and seek assistance to implement Article 8 on Expedited Shipments in TFA). 
Such improvements in trade facilitation for traditional trade act as positive 
externalities for the clearance of goods ordered through e -commerce 
means.  
This measur e will be undertaken through MACCS and the MoTC. In addition, 
the Government plans to coordinate with other Asian LDCs to request the WT/TPR/M/405/Add.1  
 
- 81 - 
 
  - 81 - non-imposition of tariffs on low value shipments ( de minimis ) contracted by 
e-commerce by MSMEs in LDCs (in particular for  RCEP negotiations and 
discussions with the WTO). The reduction in tariffs should lead to increased 
exports of "Made -in-Myanmar" products and services to niche markets in 
developed countries, including to the Myanmar diaspora overseas. The 
Government has a lso obtained the assistance of ERIA and of the Australian 
Government, for the promotion of good international practices for moving 
from offline to online for MSMEs, in different sectors, and from being online 
to selling on domestic and international market places. Finally, the 
forthcoming Myanmar Trade Integration Strategy Update (under the EIF 
programme) will feature "competitiveness beyond graduation" and "new 
sources of growth: digital economy, e -commerce and I4.0" as two of its 
three cross -cutting themes . 
38. Pages 9-
10, 
Environme
nt and 
Sustainabili
ty Question:  
As Myanmar's main economy depends on agricultures and fisheries, forests 
and seas are more to be exploited. Please advise on any plans to protect 
the environment from damages.  
 
Answer:  
The National Environmental Policy issued on 13 May 2019 lists 23 National 
Environmental Policy Principles which represent clean environment and 
healthy functioning ecosystems, sustainable economic and social 
development, and mainstreaming environmental protect ion and 
management. This mainstreaming implies a comprehensive understanding 
of environmental protection across all sectors of the economy.  
It is worth noting that a key guiding focus is on climate change. Principle 
No. 8 states that in determining Myanmar 's economic and social 
development strategies the country will prioritize low carbon and green 
economy pathways.  
The Myanmar Climate Change Policy, Myanmar Climate Change Strategy 
and Work Programme on Myanmar Climate Change (2018 -2030) reflect a 
strategic  vision to transform Myanmar into a climate -resilient, low -carbon 
society that is sustainable, prosperous and inclusive, for the wellbeing of 
present and future generations.  
Paragraph (13) of the Myanmar Climate Change Policy is about water and 
food securi ty. Under this, the sub –paragraph no (3) expresses "promoting 
the opportunities of using new practices and technology for low carbon 
society and utilizing natural resources efficiently.  
Myanmar Climate Change Strategy has developed six priorities areas wh ich 
include climate -smart agriculture, fisheries and livestock for food security, 
sustainable management of natural resources for healthy ecosystem, 
resilient and low -carbon energy, transport and industrial systems for 
sustainable growth, resilient, inclus ive and sustainable cities and towns 
where people can live and thrive, climate risk management for people's 
health and wellbeing, education, science and technology for a resilient 
society. To successfully implement these six priorities areas, work program 
on Climate Change Policy (2018 -2030) has been developed and it comprises 
action plans (194) for respective sectors.  
39. Pages 12-
13, 
Investment 
Regime  Question:  
Myanmar is more welcomed for foreign investments and some businesses 
are allowed to be 100 % fully owned by foreign investors. Please advise on 
the reason that the Companies Law (2017) allows foreign investments in 
local companies minority shares capped at  35 percent.  
 
Answer:  
The 35% cap applies only in sectors that are reserved to Myanmar 
nationals. The law thus now enables foreign investors to engage in these 
sectors, and Myanmar companies to benefit from foreign capital, while the 
cap ensures that play ers in the reserved sectors remain under the control of 
Myanmar nationals. The cap is thus part and parcel of a significant 
liberalization measure.  WT/TPR/M/405/Add.1  
 
- 82 - 
 
  - 82 - 40. Pages 12-
13, 
Investment 
Regime  Question:  
As Myanmar mentioned, the country which is full of labours an d natural 
resources and the SEZs Development became a key strategy that the 
country issued. Does Myanmar set main development areas and industries 
for the SEZs Development?  
 
Answer:  
Myanmar, an emerging market, is currently undergoing rapid economic 
reform and change to open its market in leveraging its potential strategic 
position, rich natural resources, young labor force, over 50 million strong 
population, and proximity to some of the most dynamic economies in the 
world, to propel its nation and people to greater prosperity aiming to attain 
the Myanmar Sustainable Development Plan (MSDP) and Sustainable 
Development Goals (SDGs). To achieve these goals, Myanmar is vigorously 
encouraging foreign investment, improving its legal, commercial and 
investment en vironments.  
The developments and objectives of SEZs are significant in economic 
development, and it is the comparative preference specified to each of the 
development patterns that defines the outcomes.  
Myanmar sets the main objectives of SEZs broadly bas ed on the 
development areas and industries for the SEZs development in alignment 
with the Myanmar Sustainable Development Plan (MSDP), and here 
especially its Goal 3: Job Creation & Private Sector -Led Growth. Relevant 
strategies that guide the SEZ approach  include  
- Strategy 3.2: Support job creation in industry and services, 
especially through developing small -and medium sized enterprises;  
- Strategy 3.3: Provide a secure, conducive investment enabling 
environment which eases the cost of doing business, boosts investor 
confidence and increases efficiencies;  
- Strategy 3.4: Further reform our trade sector and strengthen 
regional and internationa l cooperation and linkages;  
- Strategy 3.5: Increase broad -based access to financial services and 
strengthen the financial system overall;  
- Strategy 3.6: Build a priority infrastructure base that facilitates 
sustainable growth and economic diversification; and the way 
forward to attain Goal 1, 2, 8, 9,13 and 17 of the Sustainable 
Development Goals (SDGs).  
 
The primary objectives of Myanmar SEZs are set broadly:  
a) To support the main objectives of the national economic 
development plan; to offer employment to t he people and promote 
their living standards, to promote the export of goods with 
improvements in production and to increase foreign exchange 
earnings.  
b) To encourage, promote and attract FDI for the balanced 
development of the industrial, economic and socia l sectors in the 
nation.  
c) To promote cooperation in industrial, economic and commercial 
activities, services and financial transactions between the nation 
and other countries, and to provide opportunities for vocational 
training to the citizens.  
d) To encourag e and attract domestic and foreign investments by 
building sound foundations for the developers and the investors 
equally.  
e) To promote the flow of domestic and foreign investments in the 
Special Economic Zone and to establish linkages in continuity 
among th e industries in the Special Economic Zone with the creation 
of new jobs.  
Myanmar focuses on development areas and industrial zones for the 
development of Special Economic Zones. The Master Plan for the Kyukphyu 
Special Economic Zones, for example, is desi gned to be implemented in WT/TPR/M/405/Add.1  
 
- 83 - 
 
  - 83 - three areas: Deep Sea Port Project, Industrial Zone Project, Residential 
Project. As the development project area expands, it will support the local 
economy as well as the country's economic development. As industry 
develops, it w ill increase employment opportunities in the region, reduce 
imports and support export.  
41. Pages 12-
13, 
Investment  Question:  
Please advise on how the Government would encourage research and 
development and innovation.  
 
Answer:  
Work on this is in progress. The new Science, Technology and Innovation 
(STI) Law was enacted by The Pyidaungsu Hluttaw as Law No. 22 on 25 
June 2018. The STI Law's main objective is to develop science, technology 
and innovation for the promotion of produc tion and services which can 
contribute to national socioeconomic development.  
The Union Government has formed the National Council for Science, 
Technology and innovation led by the Vice -President. The National Council is 
laying down policies for the succe ssful implementation of the objectives of 
this Law. The National Council is forming science, technology and innovation 
committees in each respective field with experts from research 
departments, universities, manufacturing industries and other organization s 
and leading to form associations on science, technology and innovation and 
Region, State and Union Territory -level working committees.  
The Ministry of Education is the focal point of Science, Technology and 
innovation and is in the process of formulatin g the STI by -laws. 
42. Page 15, 
MSMEs  
 Question:  
How the Micro, Small and Medium Enterprise Masterplan (2020 -2030) will 
encourage and improve the potential of MSMEs/SMEs? Are they any other 
mechanisms to support them? Please share.  
 
Answer:  
The Myanmar Micro, Small and Enterprise Masterplan 2020 -2030: Securing 
a Firm Foundation for Sustainable Enterprise Growth is a high -level strategy 
under the authority of the SME Agency which falls under Myanmar's Ministry 
of Planning, Finance and Industry (Mo PFI). The Plan sets goals, outlines a 
strategy, proposes some activities, and recommends indicators and metrics 
to help monitor and evaluate progress towards goals that are specifically 
designed to help advance Myanmar's MSMEs.  
The Masterplan, finalized bu t still technically in draft status, in its Executive 
Summary summarizes how it will encourage and improve the potential of 
MSMEs/SME. A few selected paragraphs may help to shed light:  
"The MSME Masterplan aims to help Myanmar's MSMEs thrive by addressing 
the challenges they face. These include external challenges in the business 
environment, internal challenges such as the capacity of management and 
workers, and institutional challenges in market and government. (…)"  
"The Master plan is based around nine g oals. Seven of these come directly 
from the seven -target area outlined the 2015 Myanmar SME Development 
Policy. The eighth goal focuses on sustainability and inclusion, a key area of 
the Myanmar Sustainable Development Plan (MSDP). The ninth focuses on 
building government institutions and developing the capacity of government 
officials to effectively support MSMEs. Each of nine goals is complemented 
by a vision statement, which elaborates on the desired results of the Master 
plan. The nine goals and vision statements are;  
1. Goal 1. Human resources are developed: Myanmar's workforce has 
improved technical and professional skills combined with enchanted 
work-relevant competencies.  
2. Goal 2. MSMEs increasingly use technology: MSMEs widely adopt 
existing technologies, contributing to productivity and efficiency 
growth, while leading MSMEs innovate and develop new technology.  WT/TPR/M/405/Add.1  
 
- 84 - 
 
  - 84 - 3. Goal 3. Access to finance is improved: MSMEs have greater financial 
literacy and improved access to finance, including additional ret ail 
products for microenterprise and commercial products for SMEs.  
4. Goal 4. Infrastructure facilitates MSMEs growth: Cost -effective 
physical infrastructure, developed with MSMEs input, improves 
efficiency and reduces expenses for MSMEs.  
5. Goal 5. New markets are accessed, and existing markets grown: 
MSMEs enter new markets and grow existing markets aboard, while 
increasing domestic links with foreign investors and global value 
chains.  
6. Goal 6. The legal and regulatory framework is improved: The legal 
and regula tory framework is becoming more transparent, fair and 
efficiency, while its implementation is strengthened.  
7. Goal 7. The quality and quantity of MSME support and training 
increase: MSMEs increasing access and benefit from a growing 
range of high -quality sup port and training services.  
8. Goal 8. MSMEs are more sustainable and inclusive: Awareness and 
practice of social and environmental sustainability grows while the 
legal and regulatory framework encourages responsible business.  
9. Goal 9. Government institutions are strengthened: Demand -Driven 
and streamlined institutions, bolstered by capable technical and 
processional officers, support MSMEs development.  
 
Each goal contains a detail matrix of outcomes and activities. Each matrix 
includes key performance indicators (KPIs) to guide monitoring and 
evaluation. It indicates which activities are high priority and proposes 
timelines for their implementation. It also includes a list of relevant 
agencies for each of the outcomes, to provide clarity abo ut who is primarily 
responsible for delivering results. Lastly, it notes the interconnections 
between the MSME Masterplan and Myanmar's other strategic plans and 
policies. The MSME Masterplan provides a detailed strategy for Myanmar's 
MSME development effo rts, but it is up to  
many government and non -government actors to determine how the 
Masterplan is implemented. With cooperation and collaboration between 
government, private sector, and non -government organizations and 
international partners, the goals, vi sions, and outcomes of the Masterplan 
can become a reality, helping MSMEs play an even more important role in 
Myanmar's development."  
 
Other strategy documents and action plans include multiple references to 
MSMEs and their central role in the country's e conomic and social 
development policy. The following lists the polices and action plans that 
relate to MSMEs informed the development of the MSDP and MSME Master 
plan: 
 
Private Sector  SME Development Policy 2015  
Myanmar Industrial Policy 2016  
Private Sector Development Framework and Action Plan  
Myanmar Agriculture Development Strategy 2018/19 -2022/23  
National Export Strategy 2015 -2019 
Infrastructure  National Strategy for Rural Roads and Access 2016  
 Myanmar National Transport Master Plan 2016  
 Project Bank for public Infrastructure  
Financial Sector  Banking System Action Plan  
Myanmar Financial Inclusion Roadmap 2014 -2020 WT/TPR/M/405/Add.1  
 
- 85 - 
 
  - 85 - Skills and 
Education  National Education Strategic Plan2016 -2021 
Taxation  Internal Revenue Department Reform Journey: A Medium -Term Revenue  
Mobilization Strategy 2017/18 -2021/22  
Institutional 
Reform  Rule of Law Strategy Plan 2015 -2019 
Sustainability  National Waste Management Strategy and Action Plan for Myanmar  
(2017 -2030)  
Green Economic Policy Framework  
Technology  Myanmar Digital Economy Development Roadmap  
 
43. Page 24,  
Paragraph 
3.63 Question:  
It is expected that a new Foreign Exchange Management Law would soon 
replace the Foreign Exchange Management Law (2012). What are the key 
features of the new law and its implication on the international trade and 
cross-border payment?  
 
Answer:  
The key features of the new FEM Law are:  
• Incorporation of definitions related to gold and new chapter 
related to the regulation of gold.  
• Enhanced enforcement for noncompliance of the law and its 
regulations.  
44. Page 24,  
Paragraph 
3.66  Question:  
As it is mentioned that QR code Generation is in deve lopment, will the QR 
code be able to be used all over the country under one standard? What is 
the timeline for the launch?  
 
Answer:  
The QR code will be able to be used all over the country under one 
standard, as MMK QR Code. The Central Bank of Myanmar deployed a 
national standard for QR codes in 2019. It is now working to implement a 
"RTRP System and QR Code Generation and Repository System" to be 
able to increase QR code acceptance as a form of facilitating retail 
payments for merchants of all different sizes in Myanmar, including local 
traders, MSMEs, and large multinational companies and to provide a cost -
effective and convenient payment option for all customers with 
smartphones so as to promote broad access. The launch is expected to be 
in 2021. 
45. Page 24,  
Paragraph 
3.66  Question:  
Are there any policy guidelines to supervise (bank and non -bank) 
payment service providers?  
 
Answer:  
Currently, the MPU is operating the card switching system. It is also 
contributing as electronic platform of cards in Myanmar to attain 
interoperability among bank for online retail transaction.   
46. Page 24,  
Paragraph 
3.66 Question:  
Which payment systems are currently operated by the Myanmar Payment 
Union?  
Answer:  
Currently, the MPU is operating the card switching system. It is also 
contributing as an electronic platform of cards in Myanmar to attain 
interoperability among banks for online retail transactions.  
47. Page 32,  
Outlook  Question:  
Please advise on how the Government would solv e the problems of 
poverty alleviation, economic inequality and unskilled labours.  
 WT/TPR/M/405/Add.1  
 
- 86 - 
 
  - 86 - Answer:  
Both the question and any answer, if even possible, would likely go 
beyond this review. That said, numerous legislative and other initiatives 
shed light on the count ry's efforts in these contexts.  
The Rural Development Law (2019) aims directly at improving the socio -
economic and rural development. According to the Law, a Revolving Fund 
is established with the contribution of State Budget, domestic donors and 
contribut ion of NGOs and private sector, for poverty reduction of rural 
areas, including job creation and income improvement.  
Poverty alleviation and rural development have been targeted in a 
concerted effort since 2011, inter alia  through the Poverty Alleviation & 
Rural Development Action Plan (PARDAP) (2011) , the National 
Comprehensive Development Plan (NCDP) (2011 -2030) and the 
Framework for Economic and Social Reform (FESR) (2012 -2015). 
Currently, based on the above plans/framework and the Sustainable 
Developme nt Goals, the Myanmar Sustainable Development Plan (MSDP) 
(2018 -2030) applies. Poverty alleviation measures are being continually 
carried out under Pillar 2, Goal 3 of Strategy 3.1 and 3.2 (reduction of 
poverty and job creation).  
The pandemic has impacted most of the firms in services, micro, small 
and medium enterprises. According to COVID -19 Economic Relief Plan -
CERP, prepared in line with the Myanmar Sustainable Development Plan - 
MSDP and designed to mitigate the economic impact posed by COVID -19, 
govern ment spending on Public investment is being increased in highly 
affected and strategic areas to reduce the impact of COVID -19 on mainly 
affected areas and to recover rapidly the country's economic downturn. 
These programmes have reduced not only the pandem ic's impacts but 
also prevented an increase in the poverty rate. In the endeavor to fight 
against COVID -19 pandemic, Myanmar follows the "no -one left behind" 
principle. More generally the Government is fundamentally committed to 
the principle that all citi zens enjoy on the same level social equality, 
economic equality, political equality, equality as citizens, equal 
opportunity and equality before the law . 
The Government of Myanmar is committed to achieve the Sustainable 
Development Goals (SDGs) with the ob jective of ensuring balance 
between development in the economic, social and environmental spheres. 
The Government laid down the 12 points economic policy in 2016 and this 
policy is people -centered, and aims to achieve inclusive and continuous 
development. One of the objectives of these policies is to achieve 
balanced economic development across the States and Regions.  
To achieve genuine, inclusive and transformational economic growth, the 
Myanmar Sustainable Development Plan (MSDP) was launched in 2018 as 
our national agenda. The MSDP is structured around 3 pillars, 5 goals 28 
strategies and 251 Action Plans. All are firmly aligned with the SDGs, 12 
points Economic Policy of the Union of Myanmar, various regional and 
global commitments. Among the goals of MS DP, Goal 2: Economic 
Stability & Strengthened Macroeconomic Management, Goal 3: Job 
Creation & Private Sector -Led Growth and Goal 4: Human Resources & 
Social Development for a 21st Century Society address to overcome the 
problems of poverty alleviation, ec onomic inequality and unskilled labours.  
 
With the aim to improve responsible business and to create investor -
friendly environment, the Myanmar Investment Promotion Plan (MIPP) has 
been launched in 2018 as a major investment promotion plan. The 
objective o f the MIPP is to realize the responsible and quality investments 
necessary for Myanmar to become a middle -income country by 2030 and 
to pursue subsequent further growth until 2035, through a fundamental 
improvement of the business environment. As per the M IPP, the 
government envisions four paths of investment growth for long -term 
improvements, namely investment in export -oriented industries, domestic WT/TPR/M/405/Add.1  
 
- 87 - 
 
  - 87 - market -oriented industries, resource -based industries and knowledge -
intensive industries.  
 
The Government has released the COVID -19 Economic Relief Plan (CERP) 
to mitigate the inevitable economic impact posed by COVID -19. Moreover, 
we are finalizing the Myanmar Economic Resilience and Reform Plan 
(MERRP) in connection with the existing Myanmar S ustainable 
Development Plan (MSDP) for post -COVID period in order to revive 
national economy. It will comprise 6 goals:  
- Strengthening the macroeconomic environment,  
- Strengthening Private sector participation and Promoting Private 
Sector -led Growth,  
- Promoting inclusive rural growth agricultural development,  
- Promoting financial sector stability,  
- Harnessing migration to stimulate sustainable recovery and  
- Mitigating economic shocks and aftershocks impacting most 
vulnerable groups.  
The Government is focus ing on the job recovery and job creation by 
building up the business based on the skills of returnees from neighboring 
countries due to the COVID -19. 
The development projects that are implemented by UN agencies and 
International organizations are very supp ortive and effective for the 
development of the country.  
The government is thus trying to overcome the problems of poverty 
alleviation, economic inequality and unskilled labour by implementing the 
national development policies, the COVID -19 Response Plans , investment 
policies and is also seeking regional and international cooperation. The 
agreed action plans under these policies in many casestackle the 
challenges of poverty, inequality and unskilled labour.  
Multiple specific measures could be mentioned he re, for example in the 
area of employment. These include (under the Employment Restriction 
Act), for example, labor registration for job seekers, registration of offers 
from private stakeholders, recruitment of appropriate registered labour, 
field trips wi th mobile team to areas where labour offices are not 
available, the organization of job fairs to improve job opportunities. Job 
assessments by regions have been conducted and the Government 
arranges to conduct training in accordance with these assessments.  
Some numbers are encouraging. According to the Poverty Report based 
on the Myanmar Living Conditions Survey -MLCS (2017), the proportion of 
the population living under the national poverty line halved from 48.2 % in 
2005 to 24.8 % in 2017.  
48. Other  
Questions  Question:  
Is there a plan afoot Myanmar to liberalize other services sectors not listed 
in the report in the future? If yes, what specific sectors are being 
considered?  
 
Answer:  
Myanmar will be carefully reviewing the promising services sector and  also 
the implementation progress in different FTAs to liberalize other services 
sectors.  WT/TPR/M/405/Add.1  
 
- 88 - 
 
  - 88 - 49. Other  
Questions  Question:  
Given the recognized importance of export in services to Myanmar's 
economic growth, are there any plans to introduce new incentives to entice 
foreign investors to invest in the targeted service sectors in Myanmar?  
 
Answer:  
Yes, we have a plan to introduce new incentives to encourage foreign 
investors to invest in the targeted service sectors in the near future.  
50. Other  
Questions  Question:  
Please explain the details of the import regulation for health supplement of 
Myanmar.  
 
Answer:   
Health supplements that are subject to import licensing require a 
recommendation from the Food and Drug Administration Department.  
 
(ADDITIONAL QUESTIONS)  
 
1. Page 66, 
Paragraph 
3.108  Question:  
According to page 66 paragraph 3.108 of the Trade Policy Review report 
by the WTO Secretariat, the Myanmar Competition Commission (MmCC) 
is composed of government officials and professional, including the 
Minister of Commerce, who acts as the Chair of the Commission; the 
Director General of the Department of Trade, who acts as the secretary; 
and representatives from the Ministry of Home Affairs, the MOPFI, the 
MOTC, the Attorney General's Office, and the UMFCCI. The MOC is 
responsible for administering and paying for the Commission, 
Committees, and working groups.  
Based on Thailand's experiences, the Trade Competition Act B.E. 2542 
(the Previous Act) had a limitation in terms of l aw enforcement since the 
Previous Act established "the Trade Competition Commission" comprised 
of Minister of Commerce, Permanent Secretary of the Ministry of 
Commerce, Secretary -General of Trade Competition Commission (acting 
by Director -General of the De partment of Internal Trade), and 8 -12 other 
representatives from public and private sectors. The Commission had the 
Office of Trade Competition commission (which was an office under the 
Department of Internal Trade at that time) as its Secretariat. This se t up 
caused the difficulty in enforcing the Previous Act as there was an issue of 
independency.  
In this regard, may we please ask that does MmCC face any difficulties in 
enforcing competition law?  
 
Answer:  
The Myanmar Competition Commission is comprised of  11 members who 
are government officials and professionals, and the Ministry of Commerce 
is responsible for administering and paying for the Commission. While 
there had been concerns that the mixed setup may cause difficulties, 
there has not yet been any d ifficulty in enforcing the Myanmar 
Competition Law 2015 thus far because of the integration of the 
experience and expertise of the government officials in the administration 
and relevant fields, on the one hand, and the legal and economic 
knowledge and ski lls of the professionals, on the other hand. The 
government officials who act as the members can contribute the better 
coordination and cooperation among the relevant departments and the 
professionals who serve as the members can take part full -time in the  
Commission.  
2. Page 83, 
Paragraph 
4.74 Question:  
The COVID -19 pandemic is the key factor to accelerate deployment of the 
Fourth Industrial Revolution (4IR) such as automation technologies. In 
response to this challenge, how does the Ministry of Planning, Finance and WT/TPR/M/405/Add.1  
 
- 89 - 
 
  - 89 - Industry (MOFI) play the role in drivi ng Myanmar's Manufacturing to 
achieve the Fourth Industrial Revolution?  
 
Answer:  
Myanmar is aware of the challenges associated with what has been called 
the Fourth Industrial revolution. The Ministry of Planning, Finance and 
Industry (MOPFI) formulated an Industrial Policy in 2016. MOPFI is 
planning to review this Industrial Policy (2016) shortly to further align it 
with the evolving local economic situation as well as to reflect the National 
Export Strategy and trends of regional collaboration. The implica tions 
impacts and challenges and opportunities of the Fourth Industrial 
Revolution (IR 4.0) will be a central agenda item in the Industrial Policy 
Review. MOPFI may play the role in driving Myanmar's Manufacturing to 
achieve the IR 4.0in the future.  
3. Page 83, 
Paragraph 
4.79  Question:  
Myanmar is developing a National Textile Policy. Under the Draft National 
Textile Policy, will the Government formulate the investment promotion 
scheme such as bonded warehouse system and establishment of EPZ for 
specialized textile and garment zone in boosting export?  
 
Answer:  
Yes, the Government is envisaging to establish specific investment 
promotion schemes under the Draft National Textile Policy, which are 
likely to include a bonded warehouse system and the es tablishment of EPZ 
specialized in textile and garment to boost exports.  
4. Page 14, 
2.2.5 
Consumer 
Protection  Question:  
Please confirm if new Myanmar Consumer Law (2019) shall be mandatory 
labeling requirements for goods and services imported into Myanmar.  
 
Answer:  
The new Myanmar Consumer Protection Law (2019) contains mandatory 
labeling requirements for goods and services imported into Myanmar.  
5. Page 25, 
3.2.2 
Insurance 
Services  Question:  
As the Financial Regulatory Department has developed a r oadmap for 
insurance sector liberalization with assistance from the World Bank, would 
you please elaborate more details on your roadmap? What subsector will 
you plan to liberalize and when? Will you open the market for foreign 
insurance broker establishing  in Myanmar in the future?  
 
Answer:  
According to the Insurance Sector Liberalization Roadmap, five 100% 
subsidiary foreign life insurers, three JV life insurers and three JV non -life 
insurers, i.e. in total eleven insurers were granted licenses on 28 
November 2019.  
In 2020, IBRB issued 9 di rectives including the Agent Directive, the 
Bancassurance Directive, the Product Approval Directive, and the 
Reinsurance Directive. The draft broker directive is currently being 
reviewed, which will enable the liberalization of the broking business in 
Myan mar in the future.   
6. Page 25, 
3.2.2 
Insurance 
Services  Question:  
What are the criteria to doing insurance business (Joint Venture, 
Subsidiary, and Representative Office) in Myanmar? Are there any 
different requirements in terms of licensing approval bet ween life insurers 
and non -life insurers?  
 
Answer:  
The Insurance Business Regulatory Board (IBRD) implemented the first 
round of insurance sector liberalization in 2019 in line with the following 
criteria:  
 
Criteria for Joint Ventures:  WT/TPR/M/405/Add.1  
 
- 90 - 
 
  - 90 - 1) Foreign life insurers with a life/ composite representative office in 
Myanmar are to be allowed to form joint ventures with local life 
insurers.  
2) Foreign non -life insurers with a non -life /composite representative 
office in Myanmar are to be allowed to form joint ventur es with local 
non-life insurers.  
3) Foreign insurers with a local representative office registered for 
life/composite insurance business in Myanmar as of 31  December 
2018 are to be allowed to form the joint venture insurance 
companies.  
 
Criteria for Subsidiaries (100% owned foreign life insurers):  
1) Foreign life/ composite insurers with or without an existing 
representative office registered for life insurance business in Myanmar 
are to be allowed as a subsidiary.  
2) The Applicant should be the immediate/ ultimate holding parent 
company of the proposed Myanmar life insurance operation. The 
Applicant should hold a license to carry on insurance business in its 
home country.  
 
Criteria for Representative Offices:  
1) The Applicant should submit along wit h the application a certified true 
copy of the license by the insurance supervisory authority in its 
country for its company to carry on insurance business in its country;  
2) The applicant should submit a certified true copy of the letter from the 
insurance s upervisory authority in its country approving its company 
to establish a representative office in Myanmar, if approval is required 
from the insurance supervisory authority in its country; and if such 
approval is not required, a statement to this effect sho uld be provided.  
 
88. Page 72,  
Paragraph  
4.10 Question:  
We notice that Myanmar 's last domestic support notification to WTO covers 
2002 and 2004. Since the notification to WTO is the best practice for 
transparency, does Myanmar have any plan to submit recent domestic 
support notification to WTO? Please clarify any rational for this delay.  
 
Answer:  
Myanmar is also trying to take necessary activities including consultation 
process with line departments and agencies with regard to the preparation of  
the domestic support notification to WTO. Since the classification criteria of 
the domestic support are broad and needed to clearly identified the scope of 
domestic support; especially in the current circumstance, the support of 
enhancing capacity buildin g and technical assistance are vital to complete the 
notification process for domestic support.  
 
(ADDITIONAL QUESTIONS – BATCH 2)  
 
1. Other  
Question s Question:  
In regards to Myanmar CERP (Covid -19 Economic Relief Plan) and MERRP 
(Myanmar Economic Resilience and Reform Plan), which aim to support and 
help local businesses affected from COVID -19 situation, there 's still an 
absence of the assistances or supports (in term of tax exemption or 
reduction) for foreign businesses and investors who also have  been impacted. 
In this connection, in the forthcoming phase, is there any relief plan for 
foreign businesses/ investors particular; for example, tax exemption or other 
business -related fees?  
 
Answer:  
Under the Myanmar Investment Law, the Businesses affect ed by COVID -19 
are not tax -exempt / mitigated. If tax exempt and mitigate, it will be given 
without discrimination between foreign investors.  WT/TPR/M/405/Add.1  
 
- 91 - 
 
  - 91 - 2. Other  
Question s Question:  
In the future, is there a policy to revise the promotion scheme under 
Myanmar Investment Laws 2016; specifically, Corporate Income Tax 
incentives which currently categorizes tax exemption period into 3 types (3, 
5, and 7 years) according to the development of location. Is there any 
possibility that Myanmar will extend tax ex emption periods to be relatively 
more attractive to foreign investors?  
Answer:  
The Myanmar Investment Commission is initiating the amendment of the MIC 
Notification No. 10/2017 for the Designation of Development Zone and the 
MIC Notification No. 13/2017 fo r the Classification of Promoted Sector that 
are linked the income tax exemption. For the zoning, it will be based on the 
GDP and development level of the townships.  
3. Other  
Question s Question:  
For the measures to facilitate international trade, Myanmar has been 
impressively progressing well in development of online trade portal for 
import/ export registration and license application. Nonetheless, there 're still 
numbers of products subjected to apply for import license which takes 
additional time to complete the overall process. Therefore, If Myanmar could 
lessen list of products required specific export/import license, it will 
streamline process and enhance international trade more efficient. Especially, 
during pandemic situation, special measure needed to be practically imposed 
to facilitate import process of pharmaceutical products and medical devices, 
which are essential for prevention and treatment. Moreover, FDA certificate 
process and customs clearance should be more streamlined while remain 
transparency to accelerate and enhance efficient trade system.  
 
Answer:  
Myanmar takes note these suggested points, especially for the above -
mentioned ones, to accelerate and enhance efficient trade system with full 
transparency. Regarding the COVID -19 prot ection and related commodities, it 
has already liberalized not to apply the import license.  
4. Other  
Question s Question:  
Myanmar has been more liberalizing in banking sector by allowing foreign 
investor to invest in local banks up to 35% and also grantin g banking license 
to 7 foreign banks in 2020. However, as Myanmar economy is growing with 
high potential there 's still a large market and opportunity for additional 
foreign banks to enter to the country. Therefore, is there any plan that 
Myanmar will open new rounds for granting additional Banking license in 1 -3 
years? Furthermore, does Myanmar implement any security measure to 
protect existing foreign banks from credit/ market risk or uncertainty?  
Answer:  
Myanmar will consider opening new round for granting additional Banking 
License in accordance with the policy decision of higher authority. Myanmar 
issues regulations and instructions to avoid and manage the credit/ market 
risk or uncertainty and also regulates and supervises both local and foreign 
banks annually and occasionally.   
  WT/TPR/M/405/Add.1  
 
- 92 - 
 
  - 92 - 14  TURKEY  
84. Page 7, 
Paragraph  5 Question:  
Could Myanmar provide detailed information about its bilateral trade with 
the EU and sector specific arrangements? What are the overall effects of 
the EU's decision to lift sanct ions after 2011?  
 
Answer:  
Since 2011, the EU has progressively re -engaged in its trade and 
investment relations with Myanmar. The EU has lifted sanctions with the 
exception of an arms embargo and granted preferential access to the EU 
market for Myanmar.  
In 2019, total trade between EU and Myanmar was about EUR 3.4 billion. 
The EU ranked as the third biggest trade partner of Myanmar after China 
and Thailand. The EU imported goods worth about EUR 2.8 billion from 
Myanmar. The key EU imports from Myanmar are dominated by textiles, 
footwear and agricultural products. The EU exported goods worth about 
EUR 609 million to Myanmar. The key EU exports to Myanmar are 
dominated by machinery, transport equipment and chemicals. The overall 
effects of the EU's decision t o lift sanctions after 2011 is the significant 
increase of export value to the EU especially garments, agriculture and 
marine products.  
85. Page 42, 
Paragraph  
3.23 Question:  
Could Myanmar provide detailed information about the associated fees?  
 
Answer:  
In addition to Customs Duty and Commercial tax, the associated fees are 
following;  
• Withholding tax is levied 2% of transaction value  
• Security fees which is collected for examination with X -ray and it 
will be charged Ks 20,000 on one container  
• MACCS  fees will be cost Ks 30,000 of one declaration  
• Metal seal charges is Ks 1,000 for one container  
86. Page 48, 
Paragraph 
3.31 Question:  
Could Myanmar provide detailed information about the goods subject to 
non-automatic licensing such as medical products, dairy products, motor 
vehicles, electrical equipment, and wheat flour?  
 
Answer:  
The negative list which subject to non -automatic licensing has been issued 
for being compliance with the related laws, regulations on the national 
security, food secu rity, health of human/animal and environmental 
protection. Imports of certain products are restricted and also subjected to 
the non -automatic licensing; such products require a recommendation 
from the relevant government department or agency for importatio n.  WT/TPR/M/405/Add.1  
 
- 93 - 
 
  - 93 - 87. Page 96, 
Paragraph 
4.155  Question:  
Could Myanmar provide further information regarding the MOC E -
Commerce Guidelines 2020 in terms of promoting economic interests in e -
commerce businesses and enhancing consumer trust by safeguarding 
consumer right s? 
 
Answer:  
According to the draft of MOC E -Commerce Guidelines 2020, the 
objectives are to promote e -commerce businesses, to implement 
sustainable development and to protect the rights and economic interests 
of consumers against unfair trade practices. The guidelines seek to 
promote the sustainable development of e -commerce activities in 
Myanmar while safeguarding the rights and interests of consumers.  
In drawing the e -Commerce Guidelines, the elements under the e -
Commerce Guidelines of ASEAN and its related agreements are also being 
considered as inputs for it. In addition, the guidelines are expected to set 
out duties of e -commerce businesses relating to buying and selling, 
contracts, e -commerce consumer protection, matters relating to deceiv ing 
and misleading consumers, delivery, refunds, compensation, market 
discovery, information awareness, identity protection, intellectual property 
rights and platform responsibility.  
 
(REPLIES ON GOVERNMENT  REPORT)  
 
36. Page 6,  
Paragraph 
1.18 Question:  
Could Myanmar explain the impact of CERP (COVID -19 Economic Relief 
Plan) on macroeconomic parameters such as fiscal deficit and central 
government debt?  
 
Answer:  
In Myanmar, loans from the Development Partners have been taken to 
cover the social -economic impacts of COVID -19 and to finance the budget 
deficit. The loan amount USD 700 million has been taken from the IMF 
under Rapid Credit Facility (RCF) and Rapid Financing Instrument (RFI) for 
the Financing Support. The loan amount JPY 30 billion fro m the Japan 
International Cooperation Agency (JICA) under Emergency Loan Program 
and the loan amount USD 250 million from the Asian Development Bank 
(ADB) have been taken for the Budget Support.  
37. Page 15,  
Paragraph 
2.80 Question:  
Could Myanmar further explain the structure of the National Export Strategy 
and explain the results received from the first implementation phase?  
 
Answer:  
The National Export Strategy (NES) 2015 -2019 is designed to have a 
decision -making tool at the national level in ma tters relating to export 
competitiveness and development and a national framework to effectively 
allocate and coordinate resources (financial, institutional and human) to 
specific export development initiatives. NES focused on various 
competitiveness const raints related to supply -side, business environment 
and market entry surrounding Myanmar 's trade environment.  
 
In the first phase, the (7) priority sectors Rice, Pulses & Beans and oil seed, 
Fishery, Textiles and garments, Forestry, Rubber and Tourism were  selected 
based on their capacity to contribute to export growth, socio -economic 
development goals and employment generation through their current and 
potential trade performance and (4) cross -sector functions such as Trade 
financing, Trade information,  Quality management,  Trade facilitation and 
Logistics have been selected to support the priority sectors. These sectors 
are established based on technical analysis and consultations undertaken by 
the International Trade Centre (ITC) together with Myanmar stak eholders 
representing the country 's leading public, private and civil society groups.  WT/TPR/M/405/Add.1  
 
- 94 - 
 
  - 94 -  
NES composed of (11) sector strategy documents and each document 
contains trade performance, institutional structures, vision and strategic 
objectives, options for futur e development (markets, structural 
adjustments, etc.) and detailed plan of actions (PoAs). The PoAs indicate 
strategic and operational objectives, activities, targets and leading national 
implementing institution and estimated budget. The implementation of  NES 
sectors are carried out in terms of State Budget, cooperation with private 
sector and support from donors and development partners.  
 
Under NES (2015 -2019), 131 trade development projects were successfully 
implemented during the time frame and contributed the key trade and 
investment pillar in line with Myanmar 's Sustainable Development Plan 
(MSDP), and 69% of activities were implemented with national budget 
initiatives and support of Development Partners. However, tracking NES 
implementation re mains challenging in terms of data collection, entry, 
analysis and reporting.  
  WT/TPR/M/405/Add.1  
 
- 95 - 
 
  - 95 - 15  UNITED KINGDOM  
42. Page 3,  
Paragraph 
2.18 Question:  
The report mentions that Myanmar's trade policy has been developed to 
take into account the UN's Sustainable Development Goals. We would be 
interested in the extent to which Myanmar's trade policy has been 
developed to help achieve UN Sustainable Development Goal 13 on 
tackling climate change, including policies for promoting sustainable 
energy, energy efficiency  and any other activity that can lower 
greenhouse gas emissions.  
 
Answer : 
Myanmar developed policies related to sustainability of water resources 
and sources of hydro power, establishment of fuelwood supply plantation, 
promotion of the efficient use of ene rgy and fuelwood substitutes and 
promotion of research and extension activities.  
43. Page 26,  
Paragraph 
2.18 Question:  
How has Myanmar sought to make its trade and investment policy 
consistent with the Myanmar Sustainable Development Plan's goals?  
 
Answer:  
Myanmar's trade and investment policies are guided by Myanmar 
Sustainable Development Plan. By way of illustration, the recent 
liberalization of services including financial services is anchored in the 
MSDP and so are the recent reforms to Myanmar' s State -Owned 
Enterprises.  
 
In Agriculture, the Government developed various policies to enhance 
access to credit  for producers/ farmers in addition to input support 
programs to develop the sector and developed a host of initiatives that 
aim to raise agric ultural productivity and enhance efficient and 
sustainable practices including those related to the use of natural 
resources – these policies and initiatives are firmly anchored in the MSDP.  
 
Myanmar's investment policies, designed to support and complemen t 
Myanmar's economic policies, are in line with the MSDP goals. For 
example, the MSDP goal 3.3.1 and 3.3.2 are linked to the Myanmar 
Investment Policies No.2. The Myanmar Investment Commission issues a 
series of notifications such as the MIC Notification N o. 10/2017 for the 
Designation of Development Zone and the Notification No. 13/2017 for 
the Classification of Promoted Sectors that are linked the income tax 
exemption and Notification No. 15/2017 for the list of Restricted 
Investment Activiti es. 
 
Myanmar' s investment policies promote investment in value -added 
agro-based industries and aim to develop SMEs – both are linked with the 
MSDP Goal 3.1.7.  
44. Page 48,  
Paragraph 
3.32 Question:  
Could Myanmar inform members if the Government has plans to review 
the value threshold for the importation of spirits or the excise tax on 
alcohol?  
 
Answer:  
Public -private stakeholder consultation is the due process in adopting new 
policies and regulations in Myanmar. Private sector representatives, 
chambers of com merce (including foreign chambers) and related 
associations/agencies are invited to participate in such consultations.  
45. Page 48,  
Paragraph 
3.32 Question:  
Under the Specific Goods Tax Law (SGTL), 2016, which was adopted on 
18 January 2016 and entered i nto force on 1 April 2016, some goods, 
including alcoholic beverages are subject to higher tax rates than WT/TPR/M/405/Add.1  
 
- 96 - 
 
  - 96 - standard commercial tax rates, in order to prevent high consumption and 
to preserve natural resources (Section 3.3). Does Myanmar intend to 
review thi s tax, and if so, what will the timeframe be for this?  
 
Answer:  
The specific goods tax is levied on goods which are harmful to health, 
luxury goods and natural resources, resulting in higher tax rate. The SGT 
rate is changed every year based on the inflation rate fluctuation and 
other factors.  
46. Page 48,  
Paragraph  
3.32 Question  
In the context of drafting its national Excise Law, would Myanmar 
consider expanding its licensing regime to allow foreign entities to 
formally import, export, manufacture and distribute alcoholic beverages?  
 
Answer:  
According to existing ru les and regulations, registered foreign wholesale / 
retail companies are allowed  to distribute locally manufactured 
liquor  locally.  
For importation, registered joint venture companies  (up to 35% foreign 
equity)  are allowed to import  and distribute  alcohol ic beverages.  
Myanmar will review its importation regulations including in matters that 
affect foreign operators. The exportation of manufactured liquor by 
foreign companies is allowed.  
47. Page 48,  
Paragraph 
3.32 Question:  
Following the issuance of Notification 39/2021 setting import procedures 
for imported spirits, can Myanmar confirm it will comply with WTO rules 
on the development of the guidance aimed at implementing these 
measures, so as to avoid creating barriers to trade?  
 
Answer:  
Myanmar notified its import procedures for spirits (Notification 39/2020) 
to the WTO (G/LIC/N/2/MMR/2) dated 16 September 2020. Myanmar 
confirms its intention to comply with WTO rules in the development of 
any guidance aimed at implementing these measures,  so as to avoid 
creating barriers to trade.  
48. Page 56,  
Paragraph 
3.70 Question:  
Does the Government have measures in place to increase the proportion 
of registered SMEs and encourage SME participation in trade in services 
overall?  
 
Answer:  
The Governm ent adopted various initiatives to increase the proportion of 
registered SMEs and MSMEs and to encourage SMEs/MSMEs to participate 
in developing Myanmar's economic sectors including services.  
 
In line with SME Development Law, the Directorate of Industrial  
Supervision and Inspection has been issuing MSME Member Cards to 
small and medium enterprises in manufacturing, service, trade and other 
sectors of SME activity since 2015.  
At present, the MSME Agency is in discussion with regional MSME Agency 
branch offices to implement the MSME registration process according to 
the SME Development Law (2015) and facilitate the MSME registration in 
all sectors including services.  WT/TPR/M/405/Add.1  
 
- 97 - 
 
  - 97 - 49. Page 56,  
Paragraph 
3.102  Question:  
It is noted that the authorities state that Myanmar is eager to be obtain 
Observer status to the WTO Agreement on Government Procurement 
(GPA).Can Myanmar elaborate on estimated timeframes for seeking 
Observer status, and any  future ambition to seek membership of the 
GPA?  
 
Answer:  
Myanmar is currently implementing its Public Procurement Reform and 
intends to obtain observer status at the WTO Agreement on Government 
Procurement (GPA) in the near future. It is premature at this  stage to 
commit to precise time frames. Myanmar will notify the WTO of any 
future plans to seek membership of the GPA.  
50. Page 56,  
Paragraph 
3.102  Question:  
What current or planned actions is Myanmar taking to ensure 
Government procurement promotes transparency and fair competition? 
Does Myanmar have future plans to establish a centralized procurement 
agency?  
 
Answer:  
At present, Myanmar's government agencies, including Union, States and 
Regions level government departments and organizations , are obliged to 
follow the requirements under the Presidential Directive (1/2017) "Tender 
Procedure for Procurement of Civil Works, Goods, Services, Rental and 
Sale of Public Properties for the Government Departments and 
Organizations" which aims to ensur e fair competition, transparency in 
conducting procurement of civil works, goods, services, rental and sale of 
public properties.  
 
A new Public Procurement and Assets Disposal Law (draft) is currently 
under preparation. Promoting transparency, fairness an d competition in 
Public Procurement and inventory Asset Disposal are among the key 
objectives of the draft Law.  
 
As Myanmar is still implementing its Public Procurement Reform, a 
centralized procurement agency has not been established.  
51. Page 56,  
Paragraph 
3.102  Question:  
Are there measures in place to encourage SME participation in 
procurement opportunities?  
 
Answer:  
A draft Public Procurement and Assets Disposal Law is currently under 
preparation. The draft Law provides for the possibil ity of restricted tender 
procedures to promote the participation of small and medium enterprises.  
52. Page 67,  
Paragraph 
3.115  Question:  
Do the new IP laws and the newly established Intellectual Property 
Central Committee provide support to SMEs in accessing effective and 
affordable justice to enforce intellectual property rights?  
 
Answer:  
Yes. Section 5(c) of the new Trademark Law stipula tes that it is among 
the functions and duties of the intellectual Property Central Committee to 
guide policy makers in encouraging the development of the Union 
economy, foreign investment, and small and medium enterprises through 
the intellectual property system.  WT/TPR/M/405/Add.1  
 
- 98 - 
 
  - 98 - 53. Page 95,  
Paragraph 
4.146  Question:  
The private higher education sector in Myanmar is not regulated 
currently. We know a draft law to cover private institutions is being 
progressed and think that will be an excellent milestone to give mutual 
assurance to partners of each other's credentials. Can Myanmar advise 
when it expects the draft Private Higher Education Institutions law to 
enter into force?  
Answer:  
The draft Private Higher Education Institutions law is currently under 
considerati on internally and will be submitted to Parliament during the 
first quarter of 2021.  
 
18. Page 8,  
Paragraph 
2.13 Question : 
In light of the ambitions expressed above, can the Myanmar government 
give an assurance that future energy tenders will be conducted with 
realistic criteria, both technical and logistical, which will not preclude bids 
from international companies? The May and June solar energy 2020 
tenders, in the midst of the C -19 pandemic included requirements for 
bidders to be in Myanmar at  a time of travel bans and saw 29 out of 30 
tenders won by companies from just one country. Many of these 
companies have subsequently declared they cannot deliver as promised.  
 
Answer:  
Myanmar takes note of the concerns expresses and will endeavor to 
include realistic criteria in future tenders.  
19. Page 28,  
Paragraph 
3.103  Question : 
The paragraph states that the Government is conducting regulatory 
reviews of selected services sectors in collaboration with development 
partners. The UK would like to know wh ich services sectors have been 
selected and would be particularly interested in being informed of further 
reforms planned for regulated Professional and Business Services 
sectors, such as legal services, accounting, and auditing services, and 
built enginee ring and architectural services.  
 
Answer:  
Selected services sectors for the (pilot) regulatory review include the 
cut-make -package sector (manufacturing services), courier services, 
distribution services, healthcare services, tourism services and transport  
and logistics services.  
 
The outcomes of the regulatory review will guide future regulatory and 
other reforms of these sectors. Myanmar will endeavour to share further 
information and reforms of regulated professional sectors when those 
become available.  
 
Below are some useful information about accountancy services:  
• Auditors must be registered not only as the Certified Public 
Accountant (CPA) (full -fledged) but also as Professional 
Accountants in Public Practice (PAPP) with the Myanmar 
Accountan cy Council (MAC), the National Regulatory Body, under 
personal or firm names. Membership of the Myanmar Institute of 
Certified Public Accountants (MICPA) is also required.  
• Firms need to register with MAC. For Myanmar citizen 
international qualification hol ders, they must pass 3 -paper test, 
requiring 3 -year apprenticeship to qualify as CPA (Full -fledged).  
• At present, foreign professional accountants who possess 
international accounting qualifications are not allowed to provide 
accountancy services under the Myanmar Accountancy Council 
Law. Myanmar may lift this restriction in the future in light of 
regional integration processes.  WT/TPR/M/405/Add.1  
 
- 99 - 
 
  - 99 - • The registration of the following accountancy services in public 
practice shall be applied to the Myanmar Accountancy Council:  
(i) Statutory audit including audit of subsidiary companies;  
(ii) Financial investigation audit including forensic audit;  
(iii) Review engagement;  
(iv) Assurance engagement over an accounting statement or 
accounting presentation or account;  
(v) Agreed -upon pro cedures engagement including independent 
internal audit;  
(vi) Endorsement on any account, notice, prospectus, statement, 
report, certificate or form as an external audit.  
• 5. The registration of the following non -audit services shall be 
applied to the Myanm ar Accountancy Council:  
i. Booking/ Financial Accounting  
ii. Cost and Management Accounting  
iii. Preparation, compilation or reporting of financial 
statements  
iv. Financial management consultancy  
v. Investment consultancy  
vi. Tax consultancy, Tax Filing, Tax Calculation  
vii. Company registration and secretarial services  
viii. Liquidation, insolvency and receivership  
ix. Accounting system design, development and 
implementation  
x. Accounting system review & analysis  
xi. Internal Audit  
xii. Accounting Education Establishment  
xiii. Share Valuatio n 
xiv. Business Valuation  
xv. Other accounting related services which shall be 
determined by MAC from time to time  
20. Page 22, 
Paragraph 
3.45 Question : 
The Agricultural Development Strategy is described as 'based on three 
pillars: governance, productivity and competitiveness with the principles 
of clearly defined public and private roles.' Can Myanmar elaborate on 
plans to introduce or expand government support to producers to 
increase productivity in the agriculture sector? Have particular 
commodities been identified as priorities, and if so, which ones?  
 
Answer:  
Myanmar undertook various initiatives to develop the agriculture sector 
including the Agricultural Inputs Reform Project and Myanmar Seed 
Portal ( www.myanmarseedportal.gov.mm ) in addition to various 
initiatives that facilitate access to finance for farmers and agriculture 
producers.  
 
The Myanmar Seed Portal was developed to share information related to 
laws, regulations, and procedu res including new plant variety 
registration, seed import and export, and seed business licence for seed 
producers and users.  
 
The Department of Agriculture (DOA) developed a fully digitalization One 
Stop Service (OSS) - except e -banking -to support farmer s and 
producers by offering enhanced transparent, user friendly, efficient, 
smooth and paperless process. The, OSS system is connected to 
Myanmar Tradenet 2.0 to facilitate trade including in seeds.  
The Ministry of Agriculture, Livestock and Irrigation imp lements Loan/ 
Grant Projects and offers input support programs for producers/ farmers. 
Agricultural inputs includes seed, fertilizer and pesticide. The Myanmar 
Agricultural Development Bank also offers agricultural credit to farmers WT/TPR/M/405/Add.1  
 
- 100 - 
 
  - 100 - for crop cultivation.  
 
In addition, raising agricultural productivity is one of the three pillars of 
Agricultural Development Strategy and initiatives to enhance productivity 
and develop resilience to climate change are implemented in 
collaboration with private stakeholders and international organizations.  
 
Rice, paddy seed, pulses, fishery and live cattle are considered 
prominent crops/commodities.  
 
  WT/TPR/M/405/Add.1  
 
- 101 - 
 
  - 101 - 16  UNITED STATES  
1. Page 49, 
Paragraph  
3.34 Question:  
Can Myanmar please provide the list of products that require approval from 
the Export Import Coordinating Committee?  
 
Answer:  
The small portion needs approval for the Export Import Coordinating 
Committee due to large import volumes or a novel product or other factors. 
The current list maintains some agricultural products and  industrial raw 
materials like beef, potato, corn, soybean, sugar, plastic waste, etc. The list 
is reviewed and adjusted periodically.  
2. Page 49, 
Paragraph  
3.34 Question:  
Further, can Myanmar explain the criteria that the EICC uses to determine 
what products are approved and if there are any quantitative restrictions on 
the import licenses?  
 
Answer:  
The EICC primarily examines, and bases its license approval decision on, 
compliance with existing laws, regulations and directives. No quantitative 
restri ctions per se result from this process, except where a product type as 
such is found not in compliance with applicable laws, regulations and 
directives.  
3. Page 49, 
Paragraph  
3.36 Question:  
Can Myanmar clarify which products may be subject to quantitative  
restrictions?  
 
Answer:  
Myanmar does not impose quantitative restrictions.  
4. Page 68, 
Paragraph  
3.117  Question:  
What implementing rules and regulations are currently under preparation or 
planned.  
 
Answer:  
The implementing rules for the Trademark Law were submitted to the Union 
Attorney Office in November 2020 for the internal approval procedures. 
Implementing rules for the Industrial Design Law, Patent Law, Copyright 
Law, geographical indications and the IP  Agency are under preparation.  
5. Page 68, 
Paragraph  
3.117  Question:  
What is the timeline for preparation of these implementing rules and 
regulations?  
 
Answer:  
The implementing rules and regulations for the Trademark Law, the 
Industrial Design Law, the Copyright Law, and the IP Agency Rule are 
envisaged to be prepared during 2021. The implementing rules for the 
Patent Law and for Geographical Indications are envisaged to be prepared in 
2022.  
6. Page 68, 
Paragraph  
3.117  Question:  
Will Myanmar conduct a public consultation process in connection with 
finalizing these implementing rules and regulations?  
 
Answer:  
Yes, Myanmar will conduct a public consultation process as part of the 
preparatory process of these implementing rules and regulations.  WT/TPR/M/405/Add.1  
 
- 102 - 
 
  - 102 - 7. Page 68, 
Paragraph  
3.117  Question:  
If so, what is the anticipated timing and format for such a public 
consultation?  
 
Answer:  
At least two public consultations will take place during 2021. After collecting 
written feedback and recommendations from stake holders, two face -to-face 
consultation sessions and/or virtual consultations with representatives of 
related government agencies, law firms, development partners, private 
sectors, chambers of commerce, and organizations follows. The written 
comments for th e draft implementing rules of the Trademark Law were duly 
received and two stakeholder consultations with the related ministries, 
organizations, law firms and development partners were held in November 
2019 and January 2020 .  
8. Page 68, 
Paragraph  
3.118  Question:  
If broadcasting includes actions done online, do Myanmar's broadcasting 
laws apply to the Internet?  
a. If so, please describe the relevant broadcasting laws and their 
application to distribution of copyrighted content over the Internet.  
Answer:  
The definition of broadcasting is included in the Copyright Law (2019) and 
the Law covers the actions done online. The Broadcasting Law enacted in 
2015 also includes the definition of broadcasting but that definition excludes 
internet -based broadcasting.  
9. Page 68, 
Paragraph  
3.118  Question:  
Does Myanmar have or anticipate having any statutory or compulsory 
licenses for broadcasting of copyrighted content over the Internet?  
b. If so, please describe the existing or anticipated statutory or 
compulsory licenses, including information on:  
i. Which copyright -protected works are subject to such licenses.  
ii. Who may obtain such licenses.  
iii. The procedures and requirements for obtaining such licenses.  
iv. The terms of such licenses.  
 
Answer:  
Myanmar does not have any statutory or compulsory licenses for 
broadcasting of copyrighted content over the Internet for the time being. 
The 2019 Copyright Law of Myanmar includes provisions on exception and 
limitation.  
10
. Page 68, 
Paragraph  
3.122  Question:  
Has the date been established for implementing the new Trademark Law?  
 
Answer:  
The Trademark Law has been promulgated on January 30, 2019. The 
implementing rules for the Trademark Law are in the process of approval 
and the Law is expected to enter into force in 2021.  
11
. Page 68, 
Paragraph  
3.122  Question:  
What is the status of the draft implementing trademark rules and 
regulations? When would an updated draft be available for review?  
 
Answer:  
The draft implementing rules for the Trademark Law are under consideration 
of the Union Attorney General Office (UAGO).  
12
. Page 68, 
Paragraph  
3.122  Question:  
What is the status of the trademark operations and registration system?  
 
Answer:  
An advance 'soft opening' of the trademark registration system started the 
collection of applications for registration since 1 October 2020 but the actual 
examination and registration is planned to start during 2021.  WT/TPR/M/405/Add.1  
 
- 103 - 
 
  - 103 - 13
. Page 68, 
Paragraph  
3.122  Question:  
How many staff are assigned to trademark operations?  
 
Answer:  
Currently, 39 staff members are assigned to trademark operations.  
14
. Page 68, 
Paragraph  
3.122  Question:  
Of that number, how many trademark examiners are there?  
 
Answer:  
Currently, 19 staff members are assigned to work as examiners.  
15
. Page 69, 
Paragraph  
3.129  Question:  
Are there any plans for the Ministry of Commerce (or its IP department) to 
have the ability to handle administrative complaints for copyright 
infringement and take administrative actions for copyright violations?  
 
Answer:  
There are plans for the IP Department to have the capacity to handle 
administrative complaints for IP infringements including copyright 
infringement and take administrative actions for copyright violations.  
16
. Page 69, 
Paragraph  
3.129  Question:  
How does the newly adopted Copyright Law, once it has entered into force, 
incentivize copyright holders to file infringement claims in the courts? Please 
describe the legal procedures and remedies provided in the new Copyright 
Law with respect to judicial adju dication of copyright infringement in a civil 
action.  
 
Answer:  
The new Copyright Law (2019) provides copyright holders with the right to 
file copyright infringement claims in civil or criminal action in the Intellectual 
Property Court.  
The Intellectual Pr operty Court may order the following one or more 
provisional measures for civil remedies upon the application under sub -
section (a) of section 73 in respect of copyright or related rights 
infringement.  
i. an appropriate order to prevent the copyright or rela ted rights 
infringement and to prevent the entry into the channels of commerce 
of the State of copyright or related rights infringing goods including 
imported goods after customs clearance;  
ii. an appropriate order to preserve the relevant evidence with regar d to 
the alleged copyright or related rights infringement;  
iii. an order to modify, revoke or confirm the order of suspension issued 
by the relevant Department of Customs.  
The Intellectual Property Court may order the applicant to provide the 
following to tak e provisional measures;  
i. valid evidence to be apparent that the applicant is the right holder 
and that the applicant's right is being infringed or that such 
infringement is imminent.  
ii. sufficient assurance to prevent abuse of provisional measures  
17
. Page 77, 
Paragraph  
4.39, 
Chart  4.2 Question:  
What percentage of marine capture is caught by foreign fishing vessels?  
 
Answer:  
No marine capture has been made by foreign fishing vessels in Myanmar 
waters since 2014.  
18
. Page 77, 
Paragraph  
4.39, 
Chart 4.2  Question:  
Which country holds the most foreign fishing vessel licenses and accounts 
for the most production?  
 
Answer:  
No foreign fishing vessels are licensed to fish in Myanmar' waters.  WT/TPR/M/405/Add.1  
 
- 104 - 
 
  - 104 - 19
. Page 78, 
Paragraph  
4.41 Question:  
Why has application of foreign fishing vessel licenses been suspended?  
 
Answer:  
The suspension of applications for foreign fishing vessel licenses is part of 
Myanmar's drive to conserve its natural resources and reduce the risks of 
over-fishing and the depletion of its fisheries resources. It was enac ted after 
a consultation workshop in 2013 concluded that the biomass had 
significantly declined vis -à-vis 1980. Myanmar is at present fully exploiting 
its fisheries and hence is under no obligation to open them to foreign vessels 
under the United Nations C onvention on the Law of the Sea.  
20
. Page 78, 
Paragraph 
4.44 Question:  
Why is the Government seeking flexibilities in the WTO fisheries subsidies 
negotiations if it does not provide subsidies in this sector?  
 
Answer:  
As a developing country relying on an efficient, sustainable use of its natural 
resources, Myanmar has a well -founded interest in cultivating its policy 
space for management measures in the area of fisheries, which may or may 
not include measured subsidy elements in the future. Myanmar therefore 
joins its fellow LDCs in particular in seeking reasonable flexibilit ies in the 
WTO fisheries subsidies negotiations that contribute to securing legitimate 
space for sustainable policies, including those essential to address food 
security and poverty alleviation in coastal areas. Myanmar is fully committed 
to the objectives  of the fisheries subsidies negotiations and is actively 
contributing to their success as an active member of the LDC Group.  
21
. Page 78, 
Paragraph 
4.44 Question:  
If the Government is seeking to subsidize the fisheries sector in the future, 
what measures would it take to ensure that subsidies do not cause or 
contribute to overfishing or overcapacity?  
 
Answer:  
The government is committed to maintaining sound fisheries management to 
ensure that stocks are maintained at sustainable levels. If Myanmar  were to 
provide subsidies to the fisheries sector in the future, Myanmar would seek 
to ensure that these subsides do not result in overfishing and over capacity, 
nor contribute to IUU fishing.  
22
. Page 78, 
Paragraph 
4.44 Question:  
Please explain why the Government does not consider the provision of an 
income tax exemption for investment in the fishery sector to constitute the 
provision of a specific subsidy?  
 
Answer:  
Myanmar offers general investment incentives that may benefit stakeholders 
in the fis heries sector, as reflected in the Secretariat Report.  
23
. Page 86, 
Paragraph 
4.92 Question:  
Is there a timeline for future prudential regulation reform and/or 
implementation? Given the multiple iterations of Basel standards, do 
authorities have a timeline on future prudential developments?  
 
Answer:  
The CBM has extended the deadline for meeting the 2017 prudential 
regulations by up to 3 years from August 2020 to August 2023. This is to 
facilitate bank credit during the ongoing crisis and allow suffi cient time for 
banks to build their capital buffers in compliance with the prudential 
regulation. To ensure banks remain prudent during the extension and avoid 
backsliding on the progress made so far, the CBM will ask banks to conduct 
a preliminary assessm ent of their compliance gap and to present their 
proposed compliance plan by the end of the three year period. The CBM will 
examine and rectify as necessary their self -assessment presented by banks 
and will monitor their progress toward full compliance ove r time.   WT/TPR/M/405/Add.1  
 
- 105 - 
 
  - 105 - 24
. Page 87, 
Paragraph 
4.103 (SR) ; 
Page 26, 
Paragraph 
3.82 (GR)  Question:  
How does Myanmar plan to ensure that this new reinsurance measure does 
indeed open the market and level the playing field for foreign reinsurers that 
are seeking to do business in Myanmar? For example, is Myanmar 
considering further reforms in this area?  
 
Answer:  
In accordance with the Reinsurance Directive, all licensed insurers in 
Myanmar shall seek reinsurance protection from any appropriate reinsurer, 
who has been tr ansacting reinsurance business in and /or outside of 
Myanmar for more premiums over their maximum retention limits. Until 
today, no foreign reinsurer applied for a reinsurance license in Myanmar . 
 
(REPLIES ON GOVERNMENT REPORT)  
 
1. Page 8,  
Paragraph 
2.8 Question:  
What is the status of the draft copyright bill?  
 
Answer:  
The new Copyright Law was promulgated on 24 May 2019.  
2. Page 8,  
Paragraph 
2.8 Question:  
Is there a timeframe for its passage?  
 
Answer:  
The new Copyright Law was promulgated on 24 May 2019. It is expected 
to enter into force on the date specified by the President with a 
notification after approving its implementing rules.  
3. Page 8,  
Paragraph 
2.8 Question:  
Have there been any substantive changes to the draft copyright bill since 
the October 2017 draft introduced in Parliament?  
• If so, please describe the substantive changes.  
 
Answer:  
There are no substantive changes to the 2019 Copyright Law vis-a-vis the 
2017 Copyright draft law.  
4. Page 8,  
Paragraph 
2.8 Question:  
The October 2017 draft copyright law included provisions to implement 
the Marrakesh Treaty to Facilitate Access to Publ ished Works for Persons 
Who Are Blind, Visually Impaired or Otherwise Print Disabled.  
b. Does Myanmar intend to ratify the treaty?  
c. If so, is there a timeframe for ratification?  
 
Answer:  
Yes, Myanmar intends to ratify the treaty in 2022 after implementing the 
new Copyright Law.  
5. Page 8,  
Paragraph 
2.8 Question:  
The October 2017 draft copyright law also included provisions that would 
implement the WIPO Copyright Treaty and the WIPO Performances & 
Phonograms Treaty.  
d. Does Myanmar intend to ratify these treaties?  
e. If so, is there a timeline for ratification?  
 
Answer:  
Myanmar intends to ratify these treaties in 2021 and in 2022.  WT/TPR/M/405/Add.1  
 
- 106 - 
 
  - 106 - 6. Page 19,  
Paragraph 
3.20 Question:  
Given information presented in the Secretariat Report regarding access to 
products derived from GMO technology, can Myanmar please explain how 
its regulatory decisions regarding GMOs are consistent with the SPS 
Agreement?  
 
Answer:  
Myanmar generally strives for full compliance with the SPS Agreement in 
its management of  SPS measures, including with regard to GMOs, but 
emphasizes its precautionary approach. The Standard Operation 
Procedures for GM and GMO products, however, are not yet available. A 
draft law on biosafety is currently being developed. Myanmar is happy to 
maintain an open dialogue with Members on this matter as the regulatory 
landscape and practice evolves.  
7. Page 24,  
Paragraphs 
3.64 – 3.66 Question:  
The Government Report describes reforms being undertaken in the area of 
electronic payment services, incl uding development of a National Real 
Time Retail Payment System and QR Code Generation and Repository 
System. Given that the most effective way to ensure expansion of 
availability and innovation of retail electronic payment services is to 
facilitate an ope n and competitive market, how will Myanmar's reforms 
seek to ensure full participation of domestic and foreign electronic 
payment suppliers?  
 
Answer:  
The QR code will be able to be used all over the country under one 
standard, as MMK QR Code. The Central Bank of Myanmar deployed a 
national standard for QR codes in 2019. It is now working to implement a 
"RTRP System and QR Code Generation and Repository System" to be 
able to increase QR code acceptance as a form of facilitating retail 
payments for m erchants of all different sizes in Myanmar, including local 
traders, MSMEs, and large multinational companies and to provide a cost -
effective and convenient payment option for all customers with 
smartphones so as to promote broad access. The launch is expe cted to be 
in 2021. Currently, the MPU is operating the card switching system. It is 
also contributing as electronic platform of cards in Myanmar to attain 
interoperability among banks for online retail transactions. (Accounting 
Department).  
8. Page 24,  
Paragraph 
3.70 Question:  
What was the impetus for the "significant reforms and improvements…[in] 
banking infrastructure, technology and human resources, [and] 
autonomous liberalization measures?"  
 
Answer:  
The impetus for the significant reforms and improve ments in the banking 
sector is to develop, upgrade and modernize the banking sector in 
Myanmar as a key infrastructure sector and a backbone for the economy.  
The Financial Network between the Central Bank of Myanmar and all the 
banks and security companies , the CBM -NET System was launched in 
January 2016. The upgraded system of CBM -Net, CBM -Net 2 was launched 
in November 2020 in line with the international standard for improving the 
resiliency of national payment systems, and movement of building ASEAN 
cross-border linkage.  
For the development of retail payment sector, the technical specification 
of National QR was endorsed in January 2019. The CBM is now conducting 
to implement 'RTRP System and QR Code Generation and Repository 
System' with standardized QR Code in order to ensure interoperability to 
provide wide variety of digital financial services.  WT/TPR/M/405/Add.1  
 
- 107 - 
 
  - 107 - 9. Page 24,  
Paragraph 
3.81 Question:  
The Government Report indicates that a new draft Insurance Law has 
been prepared and is under consideration by the Parliament. The 
Government Report indicates the draft law will further stimulate and 
liberalize the insurance sector. What is the anticipated timeline for issuing 
the new draft law, and how can stakeholders provide input or comments 
on the draft? How is th e draft law expected to further liberalize the 
insurance sector?  
 
Answer:  
The anticipated timeline for issuing the New Insurance Law is end of 2021. 
Prior to that, the Government of Myanmar will hold public consultations 
with stakeholders including circula ting the draft law for comment. In line 
with the new draft law, the risk -based capital of international standard will 
be developed in Myanmar.  
10. Page 28,  
Paragraph 
3.106  Question:  
Will there be public consultation for finalizing the implementing trademark 
rules and regulations?  
 
Answer:  
Public consultations for finalizing the implementing trademark rules and 
regulation were already held on 18  December  2019 and 1 September 
2020.  
11. Page 28,  
Paragraph 
3.106  Question:  
If so, what is the expected timing and format for such public consultation?  
 
Answer:  
Public consultations for the implementing trademark rules were held in 
June and November 2019 and in August 2020.  
12. Page 28,  
Paragraph 
3.106  Question:  
Will the implementing trademar k rules and regulations address 
geographical indications?  
 
Answer:  
Implementing rules for Geographical Indications will be prepared and 
issued separately.  
13. Page 28,  
Paragraph 
3.106  Question:  
If not, have implementing rules and regulations concerning application 
and protection of geographical indications been drafted?  
 
Answer:  
The preparation of implementing rules on GIs is planned for 2021/2022.  
14. Page 28,  
Paragraph 
3.106  Question:  
When would a draft of the implementing rules and regula tions concerning 
geographical indications be available for review?  
 
Answer:  
The draft implementing rules for Gis will be available for review once 
ready later in 2021/2022.  WT/TPR/M/405/Add.1  
 
- 108 - 
 
  - 108 - 15. Page 28,  
Paragraph 
3.106  Question:  
What is the status of the "soft opening" of trademark operations and 
registration system?  
 
Answer:  
The "soft opening" of trademark operations was launched on 1 October 
2020 and with that starting a process of collection of applications of 
existing trade marks in the local market (marks c urrently in -use), whether 
or not registered under Registration Act in line with the Ministry Order 
63/2020.  
 
The "soft opening" period comprises two stages; the first stage, allows 
trademark owners to apply for their trademark using an Electronic filing 
system (called WIPO File) via representative (WIPO File Account User). 
The second stage allows trademark owners to apply for their trademark by 
themselves or through their representatives at the DIP's reception 
counters as well as via an electronic filing s ystem (using WIPO File).  
16. Page 28,  
Paragraph 
3.106  Question:  
Has a date been established for the "hard opening" of the trademark 
operations and registration system?  
 
Answer:  
Currently, work is centred around preparing the necessary procedures 
including identifying forms and the fees to be collected in the context of 
trademark registration and drafting implementing rules for Trademark 
Law. The second stage of the 'soft opening' will be launched followed by a 
grand opening of the trade mark registration system planned during this 
year.  
17. Page 28,  
Paragraph 
3.106  Question:  
Please provide information about the online solutions initiated.  
 
Answer:  
The online solutions used are the WIPO IT solutions for trademark 
registration whereby the  representative (WIPO File Account User) can file 
the application by using WIPO File (e -filing).  
18. Page 28,  
Paragraph 
3.106  Question:  
Is this the same Copyright Law referenced on Page 8, paragraph 2.8 of 
the Government's Report?  
 
Answer:  
The Law referring in the government report and secretariat report is the 
Copyright Law (2019).  
19. Page 28,  
Paragraph 
3.106  Question:  
When is this Copyright Law scheduled to take effect?  
 
Answer:  
This Copyright Law is expected to take effect in 2021.  
20. Page 2 8,  
Paragraph 
3.106  Question:  
If there are any substantive changes between the version of the law that 
was adopted in May 2019 and the October  2017 draft copyright law 
introduced in Parliament, please provide a description of the substantive 
changes.  
 
Answer:  
There were certain changes between the version adopted in May 2019 and 
the October 2017 version introduced in parliament, but these changes are 
not substantive.  
21. Page 29,  
Paragraph 
3.109  Question:  
Does Myanmar intend to introduce add itional copyright legislation to 
address copyright infringement on the Internet and the role of Internet 
service providers?  WT/TPR/M/405/Add.1  
 
- 109 - 
 
  - 109 - a. If so, what is Myanmar's planned timing for drafting and 
introducing such legislation?  
Answer:  
Myanmar intends to implement the Copyright Law which includes the 
provisions on the digital environment.  
22. Page 29,  
Paragraph 
3.109  Question:  
The Government notes that it will take "due account of international best 
practice" in addressing new challenges.  
a. Has Myanmar sought technical assistance on how to address 
these challenges?  
b. If so, from whom has Myanmar sought such technical assistance?  
c. If not, does Myanmar intend to seek such technical assistance? 
From whom?  
 
Answer:  
Myanmar cooperates with a host of partners including WIPO, USAID, 
USPTO, JPO, JETRO, JICA, Switzerland, the EU and others, and intends to 
seek further targeted technical assistance and support to address the new 
challenges and to take full account of international best practices.  
23. Page 29,  
Paragraph 
3.112  Question:  
Please further describe some of the education and awareness -raising 
initiatives.  
 
Answer:  
Among the educational and awareness raising activities the IP Department 
organized and hosted the following activities:  
- Organized nine awareness raising seminars for MSMEs, 
representatives (WIPO File Account User) and trademark owners 
(September -December 2020).  
- Organized and conducted 23 Technology Information Support 
Centre talks with universities to discuss IP related m atters.  
- Organized and conducted 16 internal trainings for the staff in 
2020.  
- Organized 8 trainings with international experts on trademark 
examination trainings for the trademark examiners in 2020 and in 
2021.  
- Organized several trainings for customs offici als and for judges 
supported by USPTO, JICA, ASEAN.  
24. Page 29,  
Paragraph 
3.112  Question:  
Which development partners have been providing support for these 
initiatives?  
 
Answer:  
WIPO, WTO, EU, JETRO, JPO, JICA, USPTO, ASEAN and the Swiss 
Government have been supporting these initiatives.  
25. Page 29,  
Paragraph 
3.112  Question:  
Are additional initiatives anticipated or planned?  
If so, please describe the additional initiatives  
Answer:  
Some initiatives are in the pipelines such as trainings and awareness 
programs for IPD, customs and IP practitioners.  
26. Page 29,  
Paragraph 
3.113  Question:  
What types of training has been, or will be, provided to the trademark 
examiners and trademark practitioners?  
 
Answer:  
Trainings on trademark f ormalities examination and substantive 
examination have been provided to the trademark examiners.  
For trademark practitioners, the training focused on using WIPO file 
application and training for the trademark examination process and for WT/TPR/M/405/Add.1  
 
- 110 - 
 
  - 110 - Trademark Law. Further detail on trainings and capacity building is 
available at the IP Department Facebook and www.ipd.gov.mm . 
27. Page 29,  
Paragraph 
3.113  Question:  
What types of training is needed for trademark examiners and trademark 
practitioners?  
 
Answer:  
On-job trainings for trademark examiners are needed and trainings  on 
filing trademark applications, classifications and litigation process are 
needed for trademark practitioners.  
28. Page 29,  
Paragraph 
3.114  Question:  
Which WIPO conventions does Myanmar anticipate ratifying?  
 
Answer:  
Myanmar anticipates ratifying the Paris Convention for the Protection of 
Industrial Property, the Bern Convention for the Protection of Literary and 
Artistic Works, the WIPO Copyright Treaty and the Madrid Trademark 
System.  
29. Page 29,  
Paragraph 
3.114  Question:  
What is the timeframe for ratifying each WIPO convention?  
 
Answer:  
The followings are plans for acceding the WIPO Conventions:  
i. Paris Convention for the Protection of Industrial Property (after 
grand opening of Trademark registration)  
ii. Bern Convention for the Prote ction of Literary and Artistic Works 
(after grand opening of Trademark registration)  
iii. Madrid Trademark System (one year after starting the national 
registration of trademarks)  
iv. The WIPO Copyright treaty (proposed year - 2022)  
v. Hague Agreement (proposed year - 2022)  
vi. PCT (proposed year - 2023)  
30. Page 31,  
Paragraphs 
4.16 and 
4.17 Question:  
Given that the Government considers overfishing to be a major concern, 
please explain how the effective and appropriate flexibilities it is seeking in 
the fisheries negotiations would not further contribute to overfishing.  
 
Answer:  
As a developing country relying on an efficient, sustainable use of its 
natural resources, Myanmar has a well -founded interest in cultivating its 
policy space for management measures in the area of fisheries. Myanmar 
therefore joins its fellow LDCs in particular in seeking reasonable 
flexibilities in the WTO fisheries subsidies negotiations that contribute to 
securing legitimate space for sustainable policies, inclu ding those essential 
to address food security and poverty alleviation in coastal areas. Myanmar 
is fully committed to the objectives of the fisheries subsidies negotiations 
and is actively contributing to their success as an active member of the 
LDC Group.  
 
__________