Council Regulation (EC) No 1853/2004 of 25 October 2004 concerning additional restrictive measures in respect of Burma/Myanmar and amending Regulation (EC) No 798/2004
Date: 2004-10-25
Institutions: Council of the European Union
Subjects: EU relations, Myanmar/Burma, corporate finance, economic sanctions, financial legislation, international sanctions, public sector

26.10.2004

EN

Official Journal of the European Union

L 323/11

COUNCIL REGULATION (EC) No 1853/2004

of 25 October 2004

concerning additional restrictive measures in respect of Burma/Myanmar and amending Regulation
(EC) No 798/2004

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to Council Common Position 2004/730/CFSP of
25 October 2004 on additional restrictive measures against
Position
Burma/Myanmar
2004/423/CFSP (1),

amending

Common

and

Having regard to the proposal from the Commission,

Whereas:

(1)

On 28 October 1996, the Council, concerned at the
absence of progress towards democratisation and at the
continuing violation of human rights in Burma/Myanmar,
imposed certain restrictive measures against Burma/
Myanmar by Common Position 1996/635/CFSP (2).
In
view of the continuing severe and systematic violations
of human rights by the Burmese authorities, and in
particular the continuing and intensified repression of
civil and political rights, and the failure of those autho-
rities to take steps towards democracy and reconciliation,
the restrictive measures against Burma/Myanmar have
subsequently been extended several times, most recently
by Common Position 2004/423/CFSP (3). Some of the
restrictive measures imposed against Burma/Myanmar
have been implemented at Community level by Council
Regulation (EC) No 798/2004 of 26 April 2004
of
renewing
restrictive measures
Burma/Myanmar
(EC)
No 1081/2000 (4).

Regulation

repealing

respect

and

the

in

(2)

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

(1) See page 17 of this edition of the Official Journal.
(2) OJ L 287, 8.11.1996, p. 1. Common Position repealed and replaced
by Common Position 2003/297/CFSP (OJ L 106, 29.4.2003, p. 36).
(3) OJ L 125, 28.4.2004, p. 61. Common Position as amended by

Common Position 2004/730/CFSP.

(4) OJ L 125, 28.4.2004, p. 4. Regulation as amended by Regulation

(EC) No 1517/2004 (OJ L 278, 27.8.2004, p. 18).

in

of

respect

imposed

genuine and open National Convention, and in view of
the NLD and other
the the continued harassment of
Position
political movements, Common
organised
2004/730/CFSP maintains and strengthens the restrictive
measures
Burma/
Myanmar by Common Position 2004/423/CFSP to
include,
inter alia, a prohibition on making financial
loans or credits available to, and on acquiring or
extending a participation in, Burmese state-owned enter-
prises; while such prohibition should not affect
the
execution of related obligations resulting from existing
conclusion of new
contracts or
contracts or agreements on the subject-matter of this
Regulation or
the renewal of existing contracts or
agreements after their expiration should be prohibited
after the entry into force of this Regulation.

agreements,

the

(3)

(4)

These measures fall within the scope of the Treaty and,
therefore,
in order to avoid any distortion of compe-
tition, Community legislation is necessary to implement
them as far as the Community is concerned.

In order to ensure that the measures provided for in this
Regulation are effective, this Regulation should enter into
force on the day of its publication.

(5)

Regulation (EC) No 798/2004 should be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 798/2004 is hereby amended as follows:

1. the following Article shall be inserted:

‘Article 8a

1.

The following shall be prohibited:

(a)

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

L 323/12

EN

Official Journal of the European Union

26.10.2004

(b) the acquisition or

extension of a participation in
Burmese state-owned enterprises as listed in Annex IV,
including the acquisition in full of such enterprises and
the acquisition of shares and securities of a participating
nature.

The participation, knowingly and intentionally,

in
the object or effect of which is, directly or
the provisions of paragraph 1
to circumvent

2.
activities,
indirectly,
shall be prohibited.

in Annex II, and the Commission shall be informed prior to
any such transaction. The Commission shall
inform the
competent authorities of the other Member States.’;

2. Article 12 shall be replaced by the following:

‘Article 12

The Commission shall be empowered to:

3.
Paragraph 1 shall be without prejudice to the execution
of trade contracts for the supply of goods or services on
usual commercial payment conditions and the usual supple-
mentary agreements in connection with the execution of
these contracts such as export credit insurances.

The provisions of paragraph 1(a) shall be without
4.
prejudice to the execution of an obligation arising from
contracts or agreements concluded before the entry into
force of this Regulation.

5.
The prohibition in paragraph 1(b) shall not prevent the
extension of a participation in Burmese State-owned enter-
prises as listed in Annex IV, if such extension is compulsory
under an agreement concluded with the Burmese State-
owned enterprise concerned before the entry into force of
this Regulation. The relevant competent authority, as listed

(a) amend Annex II on the basis of information supplied by

Member States,

(b) amend Annexes III and IV on the basis of decisions
to Common
amended by Common

taken in respect of Annexes I and II
Position 2004/423/CFSP as
Position 2004/730/CFSP. (*)
___________
(*) OJ L 323, 26.10.2004, p. 17.’

3. The Annex set out in the Annex hereto shall be added.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Luxembourg, 25 October 2004.

For the Council
The President

R. VERDONK

26.10.2004

EN

Official Journal of the European Union

L 323/13

ANNEX

‘ANNEX IV

List of Burmese State-owned enterprises referred to in article 8 (a)

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 323/14

EN

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

26.10.2004

EN

Official Journal of the European Union

L 323/15

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

L 323/16

EN

Official Journal of the European Union

26.10.2004

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’