Council Common Position 2003/297/CFSP

of 28 April 2003

on Burma/Myanmar

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) On 28 October 1996, the Council adopted Common Position 96/635/CFSP on Burma/Myanmar(1), which expires on 29 April 2003.

(2) In view of the further deterioration in the political situation in Burma/Myanmar, as witnessed by the failure of the military authorities to enter into substantive discussions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy and the continuing serious violations of human rights, including the failure to take action to eradicate the use of forced labour in accordance with the recommendations of the International Labour Organisation's High-Level Team report of 2001, the Council has deemed it necessary to further expand and strengthen the measures taken under Common Position 96/635/CFSP against the military regime in Burma/Myanmar, those who benefit most from its misrule and those who actively frustrate the process of national reconciliation, respect for human rights and democracy.

(3) Accordingly the scope of the visa ban and assets freeze should be extended to include further members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime who formulate, implement or benefit from policies that impede Burma/Myanmar's transition to democracy and their families and associates.

(4) The Council also deems it necessary to modify the arms embargo to prohibit technical training or assistance.

(5) The Council has decided to suspend the extension of the visa ban and assets freeze, along with the prohibition of technical training or assistance under the arms embargo, up to 29 October 2003 at the latest. Those measures will not be imposed if by that time there is substantive progress towards national reconciliation, the restoration of a democratic order and greater respect for human rights in Burma/Myanmar.

(6) Exemptions should be introduced in the arms embargo in order to allow the export of certain military rated equipment for humanitarian use.

(7) The implementation of the visa ban should be without prejudice to cases where a Member State is bound by an obligation of international law, or is host country of the Organisation for Security and Cooperation in Europe (OSCE), or where the Minister and Vice-Minister for Foreign Affairs for Burma/Myanmar visit with prior notification and agreement of the Council.

(8) The implementation of the ban on high level visits at the level of Political Director and above should be without prejudice to the Troika visit scheduled to take place before 29 October 2003 provided certain conditions are met, and to cases where the European Union decides that the visit is directly in pursuit of national reconciliation, respect for human rights and democracy in Burma/Myanmar.

(9) Action by the Community is needed in order to implement certain measures.

(10) In the light of the above developments, Common Position 96/635/CFSP should be repealed and replaced,

HAS ADOPTED THIS COMMON POSITION:

Article 1

All military personnel attached to the diplomatic representations of Burma/Myanmar in Member States shall be expelled and all military personnel attached to diplomatic representations of the Member States in Burma/Myanmar shall be withdrawn.

Article 2

1. An embargo on arms, munitions and military equipment shall be enforced against Myanmar(2).

2. The provision to Burma/Myanmar of technical training or assistance related to the provision, manufacture, maintenance or use of the items mentioned in paragraph 1 by nationals of Member States or from the territories of the Member States, shall be prohibited.

3. Paragraphs 1 and 2 shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, nor shall they apply to protective clothing, including flak jackets and military helmets, temporarily exported to Burma/Myanmar by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Article 3

Non humanitarian aid or development programmes shall be suspended. Exceptions may be made for projects and programmes which should be, as far as possible, defined in consultation with democratic groups, including the National League for Democracy, and run with their involvement:

- in support of human rights and democracy,

- in support of poverty alleviation and, in particular, of the provision of basic needs for the poorest section of the population, in the context of decentralised cooperation through local civilian authorities and non-governmental organisations,

- in support of health and basic education through non-governmental organisations.

Article 4

1. Member States shall take the necessary measures to prevent the entry into, or transit through, the territories of senior members of the State Peace and Development Council (SPDC), Burmese authorities in the tourism sector, senior members of the military, the Government or the security forces who formulate, implement or benefit from policies that impede Burma/Myanmar's transition to democracy, and their families.

2. The persons to which paragraph 1 applies are those listed in the Annex.

3. Paragraph 1 will not oblige a Member State to refuse its own nationals entry to its territory.

4. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) as a host country of an international intergovernmental organisation;

(b) as a host country to an international conference convened by, or under the auspices of, the Untied Nations; or

(c) under a multilateral agreement conferring privileges and immunities.

The Council shall be duly informed in each of these cases.

5. Paragraph 4 shall be considered as applying also in cases where a Member State is host of the OSCE.

6. Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Burma/Myanmar.

7. A Member State wishing to grant exemptions from measures imposed under paragraph 6 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within 48 hours of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by qualified majority, may decide to grant the proposed exemption.

8. In cases where, pursuant to paragraphs 4, 5, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 5

Funds held abroad by persons referred to in Article 4(1), as identified in the Annex, will be frozen.

Article 6

No equipment which might be used for internal repression or terrorism will be supplied to Burma/Myanmar.

Article 7

Without prejudice to the Troika visit, scheduled to take place provided certain conditions are met, high-level bilateral governmental (Ministers and Officials at the level of Political Director and above) visits to Burma/Myanmar shall be suspended. The Council may, in exceptional circumstances, decide to grant exceptions to this rule.

Article 8

The Council, acting upon a proposal by a Member State or the Commission, shall adopt modifications to the list contained in the Annex as required.

Article 9

Unless the Council decides otherwise:

(a) sanctions set out in this Common Position shall, no later than 29 October 2003, be extended to include further members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime who formulate, implement or benefit from policies that impede Burma/Myanmar's transition to democracy, and their families and associates.

(b) the provisions of Article 2(2) shall remain suspended until 29 October 2003.

Article 10

1. The implementation of this Common Position will be monitored by the Council and will be reviewed in the light of developments in Burma/Myanmar. Further measures may need to be considered.

2. In the case of a substantial improvement of the overall political situation in Burma/Myanmar, not only the suspension of the aforementioned measures, but also the gradual resumption of cooperation with Burma/Myanmar will be considered, after assessment of developments by the Council.

Article 11

Common Position 96/635/CFSP is hereby repealed and shall be replaced by this Common Position. Existing references to Common Position 96/635/CFSP shall be read as references to this Common Position.

Article 12

This Common Position shall take effect on the date of its adoption. It shall expire on 29 April 2004.

Article 13

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 28 April 2003.

For the Council

The President

G. Papandreou

(1) OJ L 287, 8.11.1996, p. 1. Common Position as last amended by Common Position 2002/831/CFSP (OJ L 285, 23.10.2002, p. 7).

(2) The aforementioned embargo covers weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment. The embargo also covers spare parts, repairs, maintenance and transfer of military technology. Contracts entered into prior to 8 November 1996 are not affected by this Common Position.

ANNEX

List of persons referred to in Article 4

1.

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2. Former members of SLORC:

Lt-Gen Phone Myint (5.1.1931)

Lt-Gen Aung Ye Kyaw (12.12.1930)

Lt-Gen Sein Aung (11.11.1931)

Lt-Gen Chit Swe (18.1.1932)

Lt-Gen Mya Thin (31.12.1931)

Lt-Gen Kyaw Ba (7.6.1932)

Lt-Gen Tun Kyi (1.5.1938)

Lt-Gen Myo Nyunt (30.9.1930)

Lt-Gen Maung Thint (25.8.1932)

Lt-Gen Aye Thoung (13.3.1930)

Lt-Gen Kyaw Min (22.6.1932, Hanzada)

Lt-Gen Maung Hla

Maj-Gen Soe Myint

Lt-Gen Myint Aung

3.

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4.

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5.

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6.

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7.

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8.

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9.

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10.

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11.

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12.

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