Council Common Position 2003/297/CFSP of 28 April 2003 on Burma/Myanmar
Date: 2003-04-28
Institutions: Council of the European Union
Subjects: EU visa policy, Myanmar/Burma, international sanctions, military equipment, military regime, official visit, the EU's international role

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(Acts adopted pursuant to Title V of the Treaty on European Union)

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 parti-
cular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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

In view of the further deterioration in the political situa-
tion in Burma/Myanmar, as witnessed by the failure of
the military authorities to enter into substantive discus-
sions 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 accor-
dance 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 Posi-
tion 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.

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 mili-
tary regime's economic interests and other individuals,
groups, undertakings or entities associated with the mili-
tary regime who formulate, implement or benefit from
policies that
impede Burma/Myanmar's transition to
democracy and their families and associates.

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

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

(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).

(6)

(7)

(8)

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.

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

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 noti-
fication and agreement of the Council.

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 reconcilia-
tion, respect for human rights and democracy in Burma/
Myanmar.

(9)

Action by the Community is needed in order to imple-
ment certain measures.

(10)

In the light of the above developments, Common Posi-
tion 96/635/CFSP should be repealed and replaced,

HAS ADOPTED THIS COMMON POSITION:

Article 1

All military personnel attached to the diplomatic representa-
tions of Burma/Myanmar in Member States shall be expelled
and all military personnel attached to diplomatic representa-
tions of the Member States in Burma/Myanmar shall be with-
drawn.

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Article 2

An embargo on arms, munitions and military equipment

1.
shall be enforced against Myanmar (1).

The provision to Burma/Myanmar of technical training or
2.
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
associated
personnel for their personal use only.

development workers

and

Article 3

Non humanitarian aid or development programmes shall be
and
suspended. Exceptions may be made
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:

for projects

— in support of human rights and democracy,

(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.

Paragraph 4 shall be considered as applying also in cases

5.
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 inter-
governmental 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
the
writing within 48 hours of
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 exemp-
tion.

receiving notification of

— 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,

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.

— in support of health and basic education through non-

governmental organisations.

Article 4

take the necessary measures to
1. Member States shall
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.

The persons to which paragraph 1 applies are those listed

2.
in the Annex.

Paragraph 1 will not oblige a Member State to refuse its

3.
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;

(1) 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.

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 govern-
mental (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.

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Unless the Council decides otherwise:

Article 9

(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 resump-
tion 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 adop-
tion. 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

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ANNEX

List of persons referred to in Article 4

1. State Peace and Development Council (SPDC):

Senior Gen Than Shwe

Vice Senior Gen Maung Aye

Gen Khin Nyunt

Lt-Gen Thura Shwe Mann

Lt-Gen Ye Myint

Lt-Gen Aung Htwe

Lt-Gen Khin Maung Than

Lt-Gen Maung Bo

Lt-Gen Soe Win

Lt-Gen Kyaw Win

Lt-Gen Thein Sein

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

Vice-Chairman (25.12.1937, Kon Balu)

Secretary One and Political Advisor (11.10.1939, Kyauktan)

Chief of Staff and Co-ordinator of Special Operations

Special Operations 1

Special Operations 2

Special Operations 3

Special Operations 4

Chief of Air Defence

Chief of Armed Forces Training

Adjutant General

Lt-Gen (Thiha Thura) Tin Aung Myint Oo

Quartermaster General

Lt-Gen Tin Aye

Chief of Military Procurement and Head of UMEH

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. Former members of SPDC:

Commodore Nyunt Thein

Maj-Gen Kyaw Than

4. Regional commanders:

Maj-Gen Myint Swe

Brig-Gen Ye Myint

Brig-Gen Maung Oo

Brig-Gen Maung Maung Swe

Brig-Gen Khin Maung Myint

Brig-Gen Khin Zaw

Brig-Gen Thar Aye

Brig-Gen Htay Oo

Brig-Gen Thura Myint Aung

Former C-in-C Navy

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

Yangon Command

Central Command

Western Command

Northern Command

Eastern Command

Triangle Command

Coastal Command

South Western Command

South Eastern Command

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Brig-Gen Myint Hlaing

Brig-Gen Soe Naing

Brig-Gen Aung Min

5. Deputy regional commanders:

Brig-Gen Nay Win

Brig-Gen Tin Latt

Col Myint Aung

Brig-Gen San Thein

Brig-Gen San Tun

Brig-Gen Soe Myint

Brig-Gen Myo Hla

Brig-Gen Tint Swe

Brig-Gen Aung Thein

Brig-Gen Thura Maung Ni

Brig-Gen Hsan Hsint

Col Myint Aung

6. Other State/divisional commanders:

Col Thein Kyaing

Col Aung Thwin

Col Saw Khin Soe

Col Kyaw Win

7. Ministers:

Maj-Gen Nyunt Tin

U Aung Thaung

Maj-Gen Saw Lwin

North Eastern Command

North Western Command

Southern Command

Central Command

Coastal Command

Eastern Command

North Eastern Command

Northern Command

North Western Command,
Commander of Northern Command

formerly Deputy Regional

South Eastern Command

South Western Command

Western Command

Southern Command

Rangoon Command

Triangle Command

Magwe Division

Chin State

Karen State

Kayah State

Minister for Agriculture and Irrigation

Minister for Industry I

Minister for Industry II (1939)

Maj-Gen Hla Myint Swe

Minister for Transport

U Win Aung

U Soe Tha

Lt-Gen Tin Ngwe

U Than Shwe

U Tin Win

U Pan Aung

Brig-Gen Lun Thi

U Than Aung

Maj-Gen Ket Sein

Brig-Gen Pyi Sone

Maj-Gen Thein Zaw

U Khin Maung Thein

U Aung Khin

Maj-Gen Saw Tun

U Thaung

Minister for Foreign Affairs (28.2.1944, Dawei)

Minister of National Planning and Economic Development

Minister for Cooperatives

Minister in the Prime Minister's Office

Minister of Labour and former Ambassador to the United
States of America

Minister of Rail Transportation

Minister of Energy

Minister for Education

Minister of Health

Minister of Commerce

Minister of Hotels and Tourism and also Minister of Telecom-
munications, Posts and Telegraphs

Minister of Finance and Revenue (11.11.1934, Mandalay)

Minister of Religious Affairs

Minister of Construction

Minister of Science and Technology

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Maj-Gen Kyi Aung

Maj-Gen Sein Htwa

Brig-Gen Kyaw Hsan

Col Thein Nyunt

Maj-Gen Tin Htut

Brig-Gen Thura Aye Myint

U Aung Phone

Col Tin Hlaing

Brig-Gen Ohn Myint

Minister of Culture

Minister of Immigration and Manpower and also Minister of
Social Welfare, Relief and Resettlement

Minister of
Commerce

Information,

formerly Deputy Minister of

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

Brig-Gen Maung Maung Thein

Ministry of Livestock and Fisheries

Lt-Gen Min Thein

Brig-Gen David Abel

Minister at the Office of the Chairman of the SPDC

Minister at the Office of Chairman of SPDC — 28.2.1935,
Maymyo

8. Other tourism-related appointments:

Brig-Gen Aye Myint Kyu

U Aung Myint

Lt-Col Khin Maung Latt

U Myo Lwin

9. Other senior Ministry of Defence officers:

Vice Adminal Kyi Min

Brig-Gen Myat Hein

Col Khin Aung Myint

Brig-Gen Win Hlaing

Col Thein Tun

Col Hla Tun

Col Than Htay

Brig-Gen Maung Nyo

Brig-Gen Kyaw Win

Maj-Gen Tin Ngwe

Col Khin Maung Sann

Maj-Gen Thein Soe

Brig-Gen Saw Hla

Rear Admiral Soe Thane

Col Myint Swe

Lt-Col Zin Aye

Capt Kyaw Naing Myint

Brig-Gen Khi Yi

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

C-in-C Navy. Wife Daw Aye Aye

C-in-C Air Force

Director of Public Relations and Psychological Warfare

Managing Director, Directorate of Defence Procurement

Director of Signals

Director of Ordnance Services

Director of Supply and Transport

Vice Adjutant General

Vice Quartermaster General

Military Appointment General

Military Appointment Colonel

Judge Advocate General

Provost Marshal

Chief of Staff (Navy)

Chief of Staff (Air)

Colonel, General Air Staff

Directorate of Defence Procurement, Ministry of Defence

Director-General of Myanmar (Burma) Police force (formerly
commander of MOMC 21 based at Mong Mit)

10. Members of the office of the chief of military intelligence (OCMI):

Maj-Gen Kyaw Win

Brig-Gen Myint Zaw

Brig-Gen Hla Aung

Brig-Gen Kyaw Han

Division Head

Division Head

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Col San Pwint

Major Shwe Moe

Lt- Col Khin Maung Thein

11.11.1934, Mandalay

Brig-Gen Thein Swe

Brig-Gen Kyaw Thein

Brig-Gen Si Thu

Lt-Col Than Aye

Col Than Tun

Lt-Col Maung Htay

Lt-Col Hla Min

Commander Ngwe Tun

Maj Myo Khine

Capt Ko Ko Oo

Lieut Htin Aung Kyaw

Capt Soe Than

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

Col Thein Lwin

Col Aye Myint Kyu

Brig-Gen Pyay Sone

Division Head

Division Head

Chief Foreign Liaison, OCMI

Deputy Chief Foreign Liaison, OCMI

Foreign Liaison Officer, OCMI

Foreign Liaison Officer, OCMI

Foreign Liaison Officer, OCMI

Former Minister of Transportation (1937)

Former Minister in the Prime Minister's Office

Former Minister
(9.4.1931)

in the Deputy Prime Minister's Office

Former Minister for Foreign Affairs (3.3.1932)

Former Minister of Commerce

Former Minister of Sports

Former Area Regional Commander

Former Deputy Regional Commander

Former Regional Commander

12. Former members of government added from 2000:

Vice Admiral Maung Maung Khin

Deputy Prime Minister (23.11.1929)

Lt-Gen Tin Tun

Lt. Gen. Win Myint

Lt-Gen Tin Hla

U Aung San

Vice Admiral Tin Aye

Maj-Gen Saw Lwin

Brig-Gen Win Tin

U Win Sein

Maj-Gen Lun Maung

Brig-Gen Kyaw Saw

Brig-Gen Maung Maung

Then Saw

Brig Gen Chit Than

Brig Gen Aye Kyway

Deputy Prime Minister (28.3.1930)

Formerly Secretary Three of SPDC

Fomer Deputy Prime Minister and Minister for Military Affairs
and Quarter Master General

Former Minister for Cooperatives

Former Minister of Labour

Former Minister of Hotels and Tourism (1939)

Former Minister of Telecommunications, Posts and Telegraphs

Former Minister of Culture (10.10.1940, Kyaukkyi)

Former Minister in the Prime Minister's Office

Former Minister of Information

Former Deputy Regional Commander Southern Command,
and former Minister at the Office of the Chairman of the
SPDC

Minister of Hotels and Tourism (1939)

Former Regional Commander, Triangle Command

Former Regional Commander, Coastal Command