Council Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country
Date: 2000-05-22
Institutions: Council of the European Union
Subjects: Myanmar/Burma, dual-use good, economic sanctions, export restriction, international sanctions, military regime

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COUNCIL REGULATION (EC) No 1081/2000

of 22 May 2000

prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for
internal repression or terrorism, and freezing the funds of certain persons related to important
governmental functions in that country

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 60 and 301 thereof,

Having regard to Common Position 2000/346/CFSP of 26
April 2000 extending and amending Common Position 96/
635/CFSP on Burma/Myanmar (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

steps

In view of continued severe and systematic violations of
human rights by the Burmese authorities, and in partic-
ular continuing and intensified repression of civil and
political rights, and the failure of those authorities to
towards democracy and reconciliation,
take
Common Position 2000/346/CFSP provides that
the
restrictive measures applicable to Burma/Myanmar, as
laid down in Common Position 96/635/CFSP (2) and
98/612/CFSP (3), should be expanded by means of, inter
alia, a freezing of the funds of senior members of the
State Peace and Development Council, Burmese authori-
ties in the tourism sector, senior members of the mili-
tary, the Government or the security forces who formu-
implement or benefit from policies that impede
late,
Burma/Myanmar's transition to democracy, and their
families, and by a prohibition of sales, supplies and
exports of equipment which might be used for internal
repression or terrorism.

These measures fall within the scope of the Treaty.

Therefore, and with a view to avoiding distortion of
competition, Community legislation is necessary for the
implementation of the said measures as far as the terri-
tory of the Community is concerned. Such territory is
deemed to encompass, for the purposes of this Regula-
tion, all the territories of the Member States to which the
Treaty is applicable, under the conditions laid down in
that Treaty.

The competent authorities of the Member States should,
where necessary, be empowered to ensure compliance
with the provisions of this Regulation.

There is a need for the Commission and the Member
States to inform each other of the measures taken under
this Regulation and of other relevant information at

(1) See page 1 of this Official Journal.
(2) OJ L 287, 8.11.1996, p. 1.
(3) OJ L 291, 30.10.1998, p. 1.

their disposal
in connection with this Regulation,
without prejudice to existing obligations with regard to
certain items concerned.

(6)

It is desirable that it should be possible for sanctions for
violations of this Regulation to be imposed after its
entry into force,

HAS ADOPTED THIS REGULATION:

Article 1

It shall be prohibited, knowingly and intentionally, to sell,
supply, export or ship, directly or indirectly, equipment listed
in Annex I, whether or not originating in the Community, to
any person or body in Burma/Myanmar or to any person or
body for the purpose of any business carried on in, or operated
from, the territory of Burma/Myanmar.

Article 2

1.
All funds held outside the territory of Burma/Myanmar
belonging to the senior members of the State Peace and Devel-
opment Council, the Burmese authorities in the tourism sector,
the senior members of the military, the Government or the
security forces who formulate, implement or benefit from poli-
cies that impede Burma/Myanmar's transition to democracy,
and their families, whose names are listed in Annex II, shall be
frozen.

2.
No funds shall be made available, directly or indirectly, to
or for the benefit of the persons referred to in paragraph 1.

3.

For the purpose of this Regulation:

— funds shall mean: financial assets and economic benefits of
any kind,
including, but not necessarily limited to, cash,
cheques, claims on money, drafts, money orders and other
payment instruments; deposits with financial institutions or
other entities, balances on accounts, debts and debt obliga-
tions; publicly and privately traded securities and debt
instruments, including stocks and shares, certificates repre-
senting securities, bonds, notes, warrants, debentures, deriv-
atives contracts; interest, dividends or other income on or
value accruing from or generated by assets; credit, right of
set-off, guarantees, performance bonds or other financial
commitments; letters of credit, bills of lading, bills of sale;
documents evidencing an interest
in funds or financial
resources, and any other instrument of export-financing;

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— freezing of funds shall mean: preventing any move, transfer,
alteration, use of or dealing with funds in any way that
would result in any change in their volume, amount, loca-
tion, ownership, possession, character, destination or other
change that would make possible the use of the funds,
including portfolio management, except that any interest or
income arising or any capital automatically repayable on
maturity of any funds shall be paid into and held in a
frozen account.

Article 6

The Commission and the Member States shall
inform each
other of the measures taken under this Regulation and supply
each other with relevant
in
in particular information
connection with this Regulation,
received in accordance with Article 3, information in respect of
violation and enforcement problems and judgments handed
down by national courts.

information at

their disposal

Article 3

Article 7

Without prejudice to the Community rules concerning confi-
dentiality and to the provisions of Article 284 of the Treaty,
the competent authorities of the Member States shall have the
power to require banks, other financial institutions, insurance
companies, and other bodies or persons to provide all relevant
information necessary for ensuring compliance with this Regu-
lation.

Each Member State shall determine the sanctions
to be
imposed where the provisions of this Regulation are infringed.
Such sanctions shall be effective, proportionate and dissuasive.

Article 8

This Regulation shall apply:

Article 4

— within the territory of the Community including its air

The Commission shall be empowered:

— to amend Annex II, taking into account decisions updating

the Annex of Common Position 2000/346/CFSP,

— on the basis of information supplied by Member States, to
amend data on competent authorities of the Member States
listed in Annex III.

Article 5

The participation, knowingly and intentionally, in related activ-
ities the object or effect of which is, directly or indirectly, to
promote the transactions or activities referred to in Article 1 or
to circumvent
this Regulation shall be
prohibited.

the provisions of

space,

— on board any aircraft or any vessel under the jurisdiction of

a Member State,

— to any person elsewhere who is a national of a Member

State, and

— to any body which is incorporated or constituted under the

law of a Member State.

Article 9

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Regulation shall be reviewed by 29 October 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 May 2000.

For the Council

The President

J. GAMA

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ANNEX I

Equipment for internal repression or terrorism, envisaged by Article 1

The following list does not include items which have been specially designed or modified for military use and are covered
by the arms embargo confirmed by Common Position 96/635/CFSP.

Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and ballistic shields and specially designed
components therefor.

Specially designed fingerprint equipment.

Power controlled searchlights.

Construction equipment provided with ballistic protection.

Hunting knives.

Specially designed production equipment to make shotguns.

Ammunition hand-loading equipment.

Communications intercept devices.

Solid-state optical detectors.

Image-intensifier tubes.

Telescopic weapon sights.

Smooth-bore weapons and related ammunition, other than those specially designed for military use, and specially
designed components therefor; except:

1. signal pistols;

2. air- or cartridge-powered guns designed as industrial tools or humane animal stunners.

Simulators for training in the use of firearms and specially designed or modified components and accessories therefor.

Bombs and grenades, other than those specially designed for military use, and specially designed components therefor.

Body armour, other than those manufactured to military standards or specifications, and specially designed components
therefor.

All-wheel-drive utility vehicles capable of off-road use that have been manufactured or fitted with ballistic protection, and
profiled armour for such vehicles.

Water cannon and specially designed or modified components therefor.

Vehicles equipped with water cannon.

Vehicles specially designed or modified to be electrified to repel boarders and components therefor specially designed or
modified for that purpose.

Acoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and specially designed
components therefor.

Leg-irons, gang-chains, shackles and electric-shock belts, specially designed for restraining human beings; except:

— handcuffs for which the maximum overall dimension including chain does not exceed 240 mm when locked.

Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an
incapacitating substance (such as tear gas or pepper sprays), and specially designed components therefor.

Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric
shock (including electric-shocks batons, electric shock shields, stun guns and electric shock dart guns (tasers)) and
components therefor specially designed or modified for that purpose.

Electronic equipment capable of detecting concealed explosives and specially designed components therefor; except:

— TV or X-ray inspection equipment.

Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised devices
and specially designed components therefor.

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Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets,
igniters, boosters and detonating cord, and specially designed components therefor; except:
detonators,

— those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of
other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters,
electric-surge arresters of fire sprinkler actuators).

Equipment and devices designed for explosive ordnance disposal; except:

1. bomb blankets;

2. containers designed for holding objects known to be, or suspected of being improvised explosive devices.

Night vision and thermal

imaging equipment and image intensifier tubes or solid state sensors therefor.

Software specially designed and technology required for all

listed items.

Linear cutting explosive charges.

Explosives and related substances as follows:

— amatol,
— nitrocellulose (containing more than 12,5 % nitrogen),
— nitroglycol,
— pentaerythritol tetranitrate (PETN),
— picryl chloride,
— trinitorphenylmethylnitramine (tetryl),
— 2, 4, 6-trinitrotoluene (TNT).

Software specially designed and technology required for all

listed items.

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ANNEX II

List of persons referred to in Article 2(1)

(1) State Peace and Development Council (SPDC):

Senior Gen Than Shwe

Gen Maung Aye

Lt-Gen Khin Nyunt

Lt-Gen Tin Oo

Lt-Gen Win Myint

Rear Admiral Nyunt Thein

Brig-Gen Kyaw Than

Maj-Gen Aung Htwe

Maj-Gen Ye Myint

Maj-Gen Khin Maung Than

Lt-Gen Kyaw Win

Maj-Gen Thein Sein

Chairman, also Prime Minister and Minister of
Defence (2.2.1933, Kyaukse)

Vice-Chairman (25.12.1937, Kon Balu)

Secretary One (11.10.1939, Kyauktan)

Secretary Two (13.5.1933)

Secretary Three

C-in-C Navy

C-in-C Air Force (14.6.1941, Bago)

Commander, Western Command

Commander, Central Command

Commander, Yangon Command

Commander, Northern Command

Commander, Triangle Region Command

Maj-Gen Thura Thiha Thura Sit Maung

Commander, Coastal Region Command

Brig-Gen Thura Shwe Mann

Brig-Gen Myint Aung

Brig-Gen Maung Bo

Commander, South-West Command

Commander, South-East Command (10.2.1932)

Commander, Eastern Command

Brig-Gen Thiha Thura Tin Aung Myint Oo

Commander, North East Command

Brig-Gen Soe Win

Brig-Gen Tin Aye

Commander, North West Command

Commander, Southern Command

(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) Deputy regional commanders:

Brig-Gen Aung Thein (West)

Col Nay Win (Centre)

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Col Hsan Hsint (Rangoon)

Col Myint Swe (Triangle)

Brig-Gen Tin Latt (Coastal)

Col Tint Swe (South-West)

Brig-Gen Aung Thein (South-East)

Brig-Gen Myint Thein (East)

Brig-Gen San Thein (North-East)

Brig-Gen Soe Myint (North-West)

Brig-Gen Thura Maung Nyi (South)

(4) Other state/divisional commanders:

Col Thein Kyaing

Col Aung Thwin

Col Saw Khin Soe

Col Kyaw Win

(5) Former high ranking military staff:

Col Thein Lwin

Col Aye Myint Kyu

Brig-Gen Pyay Sone

(6) Ministers:

Vice Admiral Maung Maung Khin

Lt-Gen Tin Tun

Lt-Gen Tin Hla

Maj-Gen Nyunt Tin

U Aung Thaung

Maj-Gen Hla Myint Swe

U Win Aung

U Soe Tha

Vice Admiral Tin Aye

U Aung San

U Pan Aung

Brig-Gen Lun Thi

U Than Aung

Maj-Gen Ket Sein

Brig-Gen Pyi Zon (Sone)

Maj-Gen Saw Lwin

Brig-Gen Win Tin

U Khin Maung Thein

U Aung Khin

Maj-Gen Saw Tun

U Thaung

U Win Sein

U Saw Tun

Maj-Gen Kyi Aung

Magwe Division

Chin State

Karen State

Kayah State

Former Area Regional Commander

Former Deputy Regional Commander

Former Regional Commander

Deputy Prime Minister (23.11.1929)

Deputy Prime Minister (28.3.1930)

Deputy Prime Minister and Minister for Military
Affairs

Minister for Agriculture and Irrigation

Minister for Industry I

Minister for Transport

Minister for Foreign Affairs (28.2.1944, Dawei)

Minister of National Planning and Economic Devel-
opment

Minister of Labour

Minister for Cooperatives

Minister of Rail Transportation

Minister of Energy

Minister for Education

Minister of Health

Minister of Commerce

Minister of Hotels and Tourism (1939)

Minister of Telecommunications, Posts and Tele-
graphs (1935, Moulmein)

Minister of Finance and Revenue (11.11.1934,
Mandalay)

Minister of Religious Affairs

Minister of Construction

Minister of Science and Technology

Minister of Culture (10.10.1940, Kyaukkyi)

Minister of Immigration and Population

Minister of Information

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Col Thein Nyunt

Maj-Gen Tin Htut

Brig-Gen Thura Aye Myint

U Aung Phone

Col Tin Hlaing

Brig-Gen Ohn Myint

Maj-Gen Sein Htwa

Minister for Progress of Border Areas, National
Races and Development Affairs

Minister of Electric Power

Minister of Sports

Minister of Forestry

Minister of Home Affairs

Minister of Mines

Minister of Social Welfare, Relief and Resettlement

Brig-Gen Maung Maung Thein

Ministry of Livestock and Fisheries

Lt-Gen Min Thein

Brig-Gen Lun Maung

Maj-Gen Tin Ngwe

Brig-Gen David Abel

Maj-Gen Saw Lwin

(7) Other tourism-related authorities:

Brig-Gen Aye Myint Kyu

U Aung (Ohn) Myint

Lt-Col Khin Maung Latt

U Naing Bwa

(8) Other senior Ministry of Defense officers:

Commodore Kyi Min

Brig-Gen Myint Swe

Maj-Gen Tin Ngwe

Brig-Gen Thein Soe

Brig-Gen Lun Maung

Minister at the Office of the Chairman of the SPDC

Minister at the Office of the Prime Minister

Minister at the Office of the Prime Minister

Minister at
(28.2.1935, Mamyo)

the Office of Chairman of SPDC

Minister of Industry 2 (1939)

Deputy Minister of Hotels and Tourism

Head of Office of Minister of Hotels and Tourism

Director-General, Ministry of Hotels and Tourism

Deputy Director-General, Ministry of Hotels and
Tourism

Chief of Staff (Navy)

Chief of Staff (Air)

Military Appointment General

Judge Advocate General

Defence Services Inspector General

Brig-Gen Khin Aung Myint

Public Relations and Psychological Warfare

Brig-Gen Win Hlaing

Col Than Htay

Brig-Gen Khi Win

Brig-Gen Aung Myint

Brig-Gen Chit Than

Brig-Gen Khin Maung Win

Col Saw Hla

Brig-Gen Aung Kyi

Brig-Gen Maung Nyo

Brig-Gen Kyaw Win

Col Khin Maung Sann

Military Procurement

Supply and Transport

Artillery and Armour

Signals

Ordnance

Defence Industries

Provost Marshall

Military Training

Vice Adjutant General

Vice Quarter Master General

Military Appointment Colonel

(9) Members of the ‘Directorate of Defence Services Intelligence’ (DDSI):

Brig-Gen Kyaw Win

Lt-Col Sann Pwint

Lt-Col Maung Than

Lt-Col Tin Hla

Lt-Col Nyan Lin

Lt-Col Myint Aung Kyaw

Lt-Col Ko Ko Maung

Major Myo Lwin

Deputy Director

General Staff Officer

General Staff Officer

General Staff Officer

General Staff Officer

General Staff Officer

General Staff Officer

General Staff Officer

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Commodore Ngwe Tun
Major Myo Khine
Captain Soe Than
Lt Htin Aung Kyaw
Captain Moe Kyaw

(10) Office of Strategic Studies (OSS):

Col Thein Swe
Col Kyaw Thein
Col San Maung
Col Than Tun
Col Than Aye
Lt-Col Tin Oo
Lt-Col Hla Min
Lt-Col Si Thu
Lt-Col Than Aung
Lt-Col Min Lwin

(11) Former members of government:

Lt-Gen Thein Win
Brig-Gen Myo Thant
U Kyin Maung Yin
U Ohn Gyaw
Maj-Gen Kyaw Than
Brig-Gen Sein Win
U Than Shwe

Brig-Gen Maung Maung

Head of the Foreign Liaison Division
Deputy Head of the Foreign Liaison Division
Officer, Foreign Liaison Division
Officer, Foreign Liaison Division
Officer, Foreign Liaison Division

Head of Department
Head of Department
Head of Department
Head of Department
Head of Department
General Staff Officer
General Staff Officer
General Staff Officer
General Staff Officer
General Staff Officer

Former Minister of Transportation (1937)
Former Minister in Prime Minister's office
Former Minister in Deputy PM's Office (9.4.1931)
Former Minister for Foreign Affairs (3.3.1932)
Former Minister of Commerce
Former Minister of Sports
Former Minister at the Office of the Prime Minister
(14.12.1936)
Former Minister at the Office of the Chairman of
SPDC

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ANNEX III

List of competent authorities

BELGIUM

For requests based on Article 4 concerning Article 2 and Annex II:

Ministère des finances
Trésorerie
avenue des Arts 30
B-1040 Bruxelles
Fax (32-2) 233 75 18

Ministerie van Financiën
Thesaurie
Kunstlaan 30
B-1040 Brussel
Fax (32-2) 233 75 18

DENMARK

Erhvervsfremmestyrelsen
Dahlerups Pakhus
Langelinie Allé 17
DK-2100 København Ø
Tel. (45) 35 46 60 00
Fax (45) 35 46 60 01

GERMANY

Bundesausfuhramt
Referat 214,
Frankfurterstraße 29-35
D-65760 Eschborn
Tel. (49-6196) 90 86 89
Fax (49-6196) 90 84 12

Deutsche Bundesbank
Postfach 10 06 02,
D-60006 Frankfurt a. M.
Tel. (49-69) 956 61

GREECE

Dirección General del Tesoro y Política Financiera
Subdirección General de Inspección y Control de Movimientos de Capi-
tales
(Ministerio de Economía)
Pl. de Jacinto Benavente, 3
E-28071 Madrid
Tel. (34-91) 360 45 88
Fax (34-91) 583 52 14

FRANCE

For requests based on Article 4 concerning Article 2 and Annex II:

Ministère de l'économie, des finances et de l'industrie
Direction du Trésor
Bureau E1
139, rue du Bercy
F-75572 Paris Cedex 12 S.P.

IRELAND

For requests based on Article 4 concerning Article 2 and Annex II:

Department of Foreign Affairs
Bilateral Economic Relations Section
76-78 Harcourt Street
Dublin 2
Tel. (353-1) 408 24 92

ITALY

Ministero del Commercio con l'Estero
Direzione Generale per la Politica Commerciale e per la Gestione del
Regime degli Scambi
Divisione IV (UOPAT)
Viale America, 341 25
I-00144 Roma
Tel. (39-06) 59 93 24 39
Fax (39-06) 59 64 75 06

For requests based on Article 4 concerning Article 2 and Annex II:

LUXEMBOURG

Ministry of Foreign Affairs,
Sanctions Bureau
1, Vasilissis Sofias, 3rd floor
GR-106 71 Athens
Tel. (30-1) 368 13 37
Fax (30-1) 368 12 32

SPAIN

For requests based on Article 4 concerning Article 2 and Annex II:

Ministère des affaires étrangères
Direction des relations économiques internationales et de la coopération
BP 1602
L-1016 Luxembourg

For requests based on Article 4 concerning Article 2 and Annex II:

Dirección General de Comercio e Inversiones
Subdirección General de Gestión de las Transacciones con el Exterior
(Ministerio de Economía)
Paseo de la Castellana, 162 — Planta 9a
E-28046 Madrid
Tel. (34-91) 583 74 00
Fax (34-91) 583 55 09

NETHERLANDS

For requests based on Article 4 concerning Article 2 and Annex II:

Ministerie van Financiën
Directie Wetgeving, Juridische en Bestuurlĳke Zaken
Postbus 20201
NL-2500 EE Den Haag
Tel. (31-70) 342 82 27
Fax (31-70) 342 79 05

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AUSTRIA

For requests based on Article 4 concerning Article 2 and Annex II:

Österreichische Nationalbank
Otto Wagnerplatz 3
A-1090 Wien
Tel. (43 1) 404 20

PORTUGAL

SWEDEN

Regeringskansliet
Utrikesdepartementet
Rättssekretariatet för EU-frågor
Fredsgatan 6
S-10339 Stockholm
Tel. (46-8) 405 10 00
Fax (46-8) 723 11 76

UNITED KINGDOM

For requests based on Article 4 concerning Article 2 and Annex II:

For requests based on Article 4 concerning Article 2 and Annex II:

Ministério das Finanças
Direcção Geral dos Assuntos Europeus e Relações Internacionais
Avenida Infante D. Henrique, n.o 1, C 2.o
P-1100 Lisboa
Tel. (351-1) 882 32 40/47
Fax (351-1) 882 32 49

HM Treasury
International Financial Services
Allington Towers
19 Allington Street
London SW1E 5EB
Tel. (44-0207) 270 55 50
Fax (44-0207) 270 43 65
email: pete.maydon@hm-treasury.gov.uk

FINLAND

Ulkoasiainministeriö
PL 176
FIN-00161 Helsinki
Tel. (358-9) 13 41 55 55
Fax (358-9) 62 98 40

Utrikesministeriet
PB 176
FIN-00161 Helsingfors
Tel. (358-9) 13 41 55 55
Fax (358-9) 62 98 40

Bank of England
Sanctions Emergency Unit
London EC2R 8AH
Tel. (44 0207) 601 46 07
Fax (44 0207) 601 43 09

EUROPEAN COMMUNITY

European Commission
Directorate-General External Relations
Directorate A, CFSP
Unit A/2, Economic and Financial Sanctions Co-ordination Section
Tel. (32-2) 295 68 80
Fax (32-2) 296 75 63
e-mail: anthonius.de-vries@cec.eu.int