Council Common Position 2004/730/CFSP of 25 October 2004 on additional restrictive measures against Burma/Myanmar and amending Common Position 2004/423/CFSP
Date: 2004-10-25
Institutions: Council of the European Union
Subjects: EU relations, Myanmar/Burma, aid programme, common foreign and security policy, international sanctions, suspension of aid, terms for aid

26.10.2004

EN

Official Journal of the European Union

L 323/17

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

COUNCIL COMMON POSITION 2004/730/CFSP

of 25 October 2004

on additional restrictive measures against Burma/Myanmar and amending Common Position
2004/423/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Action by the Community is needed in order
implement certain of these measures,

to

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

HAS ADOPTED THIS COMMON POSITION:

Whereas:

Article 1

Common Position 2004/423/CFSP is hereby amended as
follows:

On 26 April 2004, the Council adopted Common Position
2004/423/CFSP (1) renewing restrictive measures against
Burma/Myanmar.

1. Article 5 shall be replaced by the following:

(1)

(2)

(3)

(4)

continued harassment of

the current political situation in Burma/-
In view of
Myanmar, as witnessed by the failure of
the military
authorities to release Daw Aung San Suu Kyi and other
members of the National League for Democracy (NLD) as
well as other political detainees, and the failure to allow a
genuine and open National Convention, and in view of
the NLD and other
the
organised political movements, the Council, as noted in
its
it
conclusions of 13 September 2004, deems
necessary to introduce additional measures
to those
contained in Common Position 2004/423/CFSP against
those who
the military regime in Burma/Myanmar,
benefit most from its misrule, and those who actively
frustrate the process of national reconciliation, respect
for human rights and democracy.

the scope of

Accordingly,
these measures should be
extended to include serving members of the military of
the rank of Brigadier-General and above and members of
their families and a prohibition should be introduced on
making financial
loans or credits available to, and on
acquiring or extending a participation in, Burmese
state-owned enterprises.

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

(1) OJ L 125, 28.4.2004, p. 61.

‘Article 5

Non-humanitarian aid or development programmes shall be
suspended. Exceptions
shall be made for projects and
programmes in support of:

(a) human rights, democracy, good governance, conflict
prevention and building the capacity of civil society,

(b) health and education, poverty

alleviation and in
particular the provision of basic needs and livelihoods
for the poorest and most vulnerable populations,

(c) environmental protection, and in particular programmes
addressing the problem of non-sustainable, excessive
logging resulting in deforestation.

The programmes and projects
should be implemented
through UN agencies, non-governmental organisations, and
through decentralised cooperation with local civilian admin-
istrations. In this context, the European Union will continue
to engage with the government of Burma over its responsi-
bility to make greater efforts to attain the UN Millennium
Development Goals.

Programmes and projects should, as far as possible, be
defined, monitored, run and evaluated in consultation with
civil
including the
National League for Democracy.’;

society and all democratic groups,

L 323/18

EN

Official Journal of the European Union

26.10.2004

2. Article 6(1) shall be replaced by the following:

‘1. Member States shall take the necessary measures to
prevent the entry into, or transit through, their territories of:

(SPDC), Burmese authorities

(a) senior members of the State Peace and Development
Council
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 tran-
sition to democracy, and members of
their families,
being the natural persons listed in the Annex I;

(b) serving members of the Burmese military of the rank of
Brigadier-General and above and members of
their
families. They shall be added to the list in Annex I in
accordance with the procedure set out in Article 9.’;

the

extension of

(b) The prohibition in paragraph 5(b)

shall not
a participation in
prevent
Burmese State-owned enterprises as
listed in
Annex II, if such extension is compulsory under
an agreement concluded with the Burmese State-
owned enterprise concerned before the entry into
force of this Common Position.’;

4. Article 9 shall be replaced by the following:

‘Article 9

The Council, acting upon a proposal by a Member State or
the Commission, shall adopt modifications to the list set out
in Annex I as required.’;

5. Article 10 shall be replaced by the following:

3. Article 7 shall be amended as follows:

‘Article 10

(a) paragraph 1 shall be replaced by the following:

‘1.
All funds and economic resources belonging to the
individual members of
the Government of Burma/-
Myanmar and to the natural or legal persons, entities
or bodies associated with them listed in the Annex I
shall be frozen.’;

This Common Position shall apply for a 12-month period. It
shall be kept under constant review. It shall be renewed, or
amended as appropriate, in particular as regards the Burmese
state-owned enterprises, as listed in Annex II, if the Council
deems that its objectives have not been met.’;

6. the Annex shall be renamed ‘Annex I’.

(b) the following paragraphs shall be added:

7. A new Annex shall be added as set out in the Annex hereto.

‘5.

(a)

The following shall be prohibited:

Article 2

the granting of any financial
to
Burmese state-owned enterprises as listed in Annex
II, or the acquisition of bonds, certificates of deposit,
warrants or debentures, issued by these enterprises,

loan or credit

(b) the acquisition or extension of a participation in
Burmese state-owned enterprises as listed in Annex
II, including the acquisition in full of such enterprises
and the acquisition of shares and securities of a parti-
cipating nature.;

6. (a) The provisions of paragraph 5(a) shall be without
prejudice to the execution of an obligation arising
from contracts or agreements concluded before
the entry into force of this Common Position.

This Common Position shall
adoption.

take effect on the date of

its

Article 3

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

Done at Luxembourg, 25 October 2004.

For the Council
The President

R. VERDONK

26.10.2004

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Official Journal of the European Union

L 323/19

ANNEX

‘ANNEX II

List of Burmese State-owned enterprises referred to in article 7(5)

Name

Address

Name of Director

I. UNION OF MYANMAR ECONOMIC HOLDING LTD

UNION OF MYANMAR ECONOMIC
HOLDING LTD

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

MAJ-GEN WIN HLAING, MANAGING
DIRECTOR

A. MANUFACTURING

1. MYANMAR RUBY ENTERPRISE

24/26, 2ND FL., SULE PAGODA ROAD,
YANGON
(MIDWAY BANK BUILDING)

2. MYANMAR IMPERIAL JADE CO.

LTD

24/26, 2ND FL., SULE PAGODA ROAD,
YANGON
(MIDWAY BANK BUILDING)

3. MYANMAR RUBBER WOOD CO.

LTD

4. MYANMAR

PINEAPPLE

JUICE

PRODUCTION

5. MYAWADDY CLEAN DRINKING

WATER SERVICE

4/A, NO 3 MAIN ROAD,
MINGALARDON TSP,
YANGON

6. SIN MIN (KING ELEPHANTS)

CEMENT FACTORY (KYAUKSE)

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

COL MAUNG MAUNG AYE, MANAGING
DIRECTOR

7. TAILORING SHOP SERVICE

8. NGWE

PIN LE

(SILVER

LIVESTOCK
FISHERY CO.

BREEDING

SEA)
AND

9. GRANITE TILE FACTORY

(KYAIKTO)

10. SOAP FACTORY (PAUNG)

B. TRADING

1. MYAWADDY TRADING LTD

C. SERVICES

1. MYAWADDY BANK LTD

2. BANDOOLA TRANSPORTATION

CO. LTD

1093, SHWE TAUNG GYAR ST. INDUSTRIAL
ZONE II,
WARD 63,
SOUTH DAGON TSP,
YANGON

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

COL MYINT AUNG, MANAGING DIRECTOR

24-26 SULE PAGODA ROAD,
YANGON

BRIG-GEN WIN HLAING AND U TUN KYI,
MANAGING DIRECTORS

399, THIRI MINGALAR ROAD, INSEIN TSP,
YANGON
AND/OR
PARAMI ROAD,
SOUTH OKKALAPA,
YANGON

COL MYO MYINT, MANAGING DIRECTOR

L 323/20

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Official Journal of the European Union

26.10.2004

Name

Address

Name of Director

3. MYAWADDY TRAVEL SERVICES

24-26, SULE PAGODA ROAD,
YANGON

4. NAWADAY HOTEL AND TRAVEL

SERVICES

335/357, BOGYOKE AUNG SAN ROAD,
PADEBAN TSP,
YANGON

5. MYAWADDY AGRICULTURE

SERVICES

6. MYANMAR AR (POWER)

CONSTRUCTION SERVICES

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

JOINT VENTURES AND SUBSIDIARIES

A. MANUFACTURING

1. MYANMAR

SEGAL

INTERNA-

TIONAL LTD

2. MYANMAR DAEWOO INTERNA-

TIONAL

3. ROTHMAN

OF

PALL MALL

MYANMAR PRIVATE LTD

4. MYANMAR BREWERY LTD

PYAY ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

PYAY ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

NO 38, VIRGINIA PARK,
NO 3, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
YANGON

NO 45, NO 3, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

5. MYANMAR POSCO STEEL CO. LTD PLOT 22, NO 3, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

6. MYANMAR NOUVEAU STEEL CO.

LTD

7. BERGER PAINT MANUFACTURING

CO. LTD

NO 3, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

PLOT NO 34/A,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

8. THE FIRST AUTOMOTIVE CO. LTD PLOT NO 47,

PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

U BE AUNG, MANAGER

RETD LT-COL MAUNG MAUNG AYE,
CHAIRMAN

U AYE CHO AND/OR LT-COL TUN MYINT,
MANAGING DIRECTOR

9. MERCURY RAY MANUFACTURING

LTD

PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

U NYO MIN OO

10. MYANMAR HWA FU INTERNA-

TIONAL LTD

NO 3, MAIN ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

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Official Journal of the European Union

L 323/21

Name

Address

Name of Director

11. MYANMAR MA MEE DOUBLE

DECKER CO. LTD

12. MYANMAR SAM GAUNG

INDUSTRY LTD

13. MYANMAR TOKIWA CORP.

PLOT 41, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

NO 6/A, PYAY ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

44B/NO 3, TRUNK ROAD,
PYINMABIN INDUSTRIAL ZONE,
MINGALARDON TSP,
YANGON

14. MYANMAR KUROSAWA TRUST

CO. LTD

22, PYAY ROAD,
7 MILE,
MAYANGONE TSP,
YANGON

B. TRADING

1. DIAMOND DRAGON (SEIN NAGA)

CO. LTD

C. SERVICES

1. NATIONAL DEVELOPMENT CORP.

2. HANTHA WADDY GOLF RESORT
AND MYODAW (CITY) CLUB LTD

3. MYANMAR CEMENT LTD

4. MYANMAR HOTEL AND CRUISES

LTD

189/191 MAHABANDOOLA ROAD,
CORNER OF 50TH STREET,
YANGON

3/A, THAMTHUMAR STREET,
7 MILE,
MAYANGONE TSP,
YANGON

NO 1, KONEMYINTTHA STREET,
7 MILE,
MAYANGONE TSP,
YANGON
AND
THIRI MINGALAR ROAD,
INSEIN TSP,
YANGON

RM. 814/815,
TRADER’S HOTEL,
223, SULE PAGODA ROAD,
YANGON

II. MYANMA ECONOMIC CORPORATION (MEC)

DR. KHIN SHWE, CHAIRMAN

MYANMA ECONOMIC CORPORATION
(MEC)

SHWEDAGON PAGODA ROAD,
DAGON TSP,
YANGON

COL YE HTUT OR BRIG-GEN KYAW WIN,
MANAGING DIRECTOR

1. INNWA BANK

2. MYAING GALAY (RHINO BRAND)

CEMENT FACTORY

554-556, MERCHANT STREET,
CORNER OF 35TH STREET,
KYAUKTADA TSP,
YANGON

FACTORIES DEPT,
MEC HEAD OFFICE,
SHWEDAGON PAGODA ROAD,
DAGON TSP,
YANGON

U YIN SEIN, GENERAL MANAGER

COL KHIN MAUNG SOE

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Official Journal of the European Union

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Name

Address

Name of Director

COL KHIN MAUNG SOE

3. DAGON BREWERY

4. MEC STEEL MILLS (HMAW BI/PYI/

YWAMA)

555/B, NO 4,
HIGHWAY ROAD,
HLAW GAR WARD,
SHWE PYI THAR TSP,
YANGON

FACTORIES DEPT,
MEC HEAD OFFICE,
SHWEDAGON PAGODA ROAD,
DAGON TSP,
YANGON

5. MEC SUGAR MILL

KANT BALU

6. MEC OXYGEN AND
GASES FACTORY

MINDAMA ROAD,
MINGALARDON TSP,
YANGON

7. MEC MARBLE MINE

PYINMANAR

8. MEC MARBLE TILES FACTORY

LOIKAW

9. MEC MYANMAR CABLE WIRE

FACTORY

NO 48, BAMAW A TWIN WUN ROAD,
ZONE (4),
HLAING THAR YAR INDUSTRIAL ZONE,
YANGON

10. MEC SHIP BREAKING SERVICE

THILAWAR,
THAN NYIN TSP

11. MEC DISPOSABLE SYRINGE

FACTORY

FACTORIES DEPT,
MEC HEAD OFFICE,
SHWEDAGON PAGODA ROAD,
DAGON TSP,
YANGON

12. GYPSUM MINE

THIBAW’