Council Decision (CFSP) 2022/243 of 21 February 2022 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma
Date: 2022-02-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, Myanmar/Burma, derogation from EU law, economic sanctions, international sanctions, legal person, natural person, trade restriction




L_2022040EN.01002801.xml










21.2.2022   


EN


Official Journal of the European Union


L 40/28








            COUNCIL DECISION (CFSP) 2022/243
of 21 February 2022
         
amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 22 April 2013 the Council adopted Decision 2013/184/CFSP (1).












(2)


On 1 February 2022, one year after the military coup in Myanmar/Burma, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union condemning the coup and the grave human rights violations by the Myanmar Armed Forces (Tatmadaw), and called for full accountability of the leaders responsible for the coup, as well as of the perpetrators of violence and human rights violations. In the absence of any swift progress in the situation in Myanmar/Burma, the Union expressed readiness to adopt further restrictive measures against those responsible for undermining democracy and for the serious human rights violations in Myanmar/Burma.












(3)


In view of the continuing grave situation in Myanmar/Burma, 22 persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2013/184/CFSP.












(4)


In order to avoid unintended consequences of the designation of one of those entities, a derogation should be introduced in respect of the freezing of funds and the prohibition to make funds or economic resources available to that entity, in order to allow for Union operators to carry out the decommissioning of oil and gas wells in accordance with international standards and to terminate contracts with that entity.












(5)


Decision 2013/184/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2013/184/CFSP is amended as follows:






(1)


the following article is inserted:

‘Article 6b
By way of derogation from Article 6 (1) and (2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed in entry 10 in the Annex, or the making available of certain funds or economic resources to that entity, under such conditions as the competent authorities deem appropriate, after having determined that such funds or economic resources are necessary for:






(a)


tasks related to the decommissioning of oil and gas wells in accordance with international standards, such as waste disposal, site remediation activities required for safety and environmental restoration, the provision of related technical assistance, and the payment of related taxes and duties, as well as salaries and social benefits to employees; or










(b)


the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts concluded with the entity listed in entry 10 in the Annex before 21 February 2022.’;















(2)


the Annex is amended as set out in the Annex to this Decision.






Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 21 February 2022.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma (OJ L 111, 23.4.2013, p. 75).




ANNEX
The Annex to Decision 2013/184/CFSP is amended as follows:






(1)


The following entries are added to the list headed ‘A. Natural persons referred to in Articles 5 (1) and 6 (1)’:









 


Name


Identifying information


Reasons


Date of listing




‘44.


Aung Naing Oo


Nationality: Myanmar/Burma;
Date of birth: 13 October 1962;
Place of birth: Kyaukse, Mandalay, Myanmar/Burma;
Gender: male;
Address: L 103, Kenyeikthar Lane 6, FMI city, Yangon, Myanmar/Burma;
Passport number: DM002656
National ID: 7/PaKhaNa (Naing) 13345


Aung Naing Oo has been the Minister for Investment and Foreign Economic Relations since 2 February 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.
As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister for Investment and Foreign Economic Relations, he is in charge of facilitating business and investments in Myanmar/Burma and therefore contributes to securing the financial needs of the military regime. In his statements and acts, he has publicly supported the coup and the military regime, including by stating that the international media exaggerated the crisis and also insisting that the civil disobedience movement is coming to an end. Additionally, he barred executives of foreign telecommunications firms from leaving the country without permission and dismissed protesting civil servants from the Ministry in February 2021. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.


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45.


Charlie Than


Nationality: Myanmar/Burma;
Date of birth: 1950;
Gender: male;
Address: Room No (23), Building No (25), Palm Village Villa, Yankin Yanshin Street, Yangon, Myanmar/Burma


Charlie Than has been the Minister of Industry since 22 May 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.
In his statements and acts, he has publicly supported the coup and the military regime. As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Industry, he has control over State-owned factories and thus contributes to securing the financial needs of the military regime. Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.


21.2.2022




46.


Thet Thet Khine


Nationality: Myanmar/Burma;
Date of birth: 19 August 1967;
Place of birth: Mogok, Myanmar/Burma;
Gender: female
Address:127A Dhamazadei Road, Kamayut, Yangon, Myanmar/Burma;
Passport number: MB132403 (Myanmar/Burma) issued 7 May 2015 expires 6 May 2020;
National ID: 9MAKANAN034200


Thet Thet Khine has been the Minister of Social Welfare, Relief and Resettlement since 4 February 2021. She was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021.
As Government Minister, she forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. In her statements and acts, she has publicly supported the coup and the military regime, including her statement that the military staged the coup in response to an electoral fraud. Additionally, she dismissed that the military committed genocide against the Rohingya population. Therefore, she is engaged in and provides support to actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.


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47.


Maung Maung Ohn (a.k.a. U Maung Maung Ohn)


Nationality: Myanmar/Burma;
Gender: male


Maung Maung Ohn has been the Minister of Information since 1 August 2021. He was appointed by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing, which took over the legislative, executive and judicial powers of the State as of 2 February 2021. He was previously Minister of Hotels and Tourism, having been appointed on 7 February 2021.
As Government Minister, he forms part of the military regime which seized power during a military coup and overthrew legitimately elected leaders in Myanmar/Burma. As Minister of Information, he has control over the State-owned media (MWD, MRTV, Myanmar Alin, Kyemon and Global New Light of Myanmar newspapers and the Myanmar News Agency (MNA) and Myanmar Digital News), and thus controls the broadcast and publication of official news. He has continued and further strengthened the repressive policies following the military coup, notably by amending the Television and Radio Broadcasting Law, imposing additional restrictions on the freedom of expression and press freedom, including by restricting internet access, criminalising journalism and imprisoning journalists. Additionally, he instructed the members of the Myanmar Media Council, an independent body, to implement the government’s objectives.
Therefore, his actions, policies and activities undermine democracy and the rule of law in Myanmar/Burma, and he is engaged in actions that threaten the peace, security and stability of Myanmar/Burma.


21.2.2022




48.


Shwe Kyein (a.k.a. U Shwe Kyein)


Nationality: Myanmar/Burma;
Gender: male


Shwe Kyein has been a member of the State Administrative Council (SAC) since 30 March 2021.
On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar/Burma by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services, Senior General Min Aung Hlaing. On 2 February 2021 the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.
As a member of the SAC, U Shwe Kyein has been directly involved in and responsible for decision-making concerning State functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly.
The military forces and authorities operating under the control of the SAC have continuously committed serious human rights violations since 1 February 2021, by killing civilian and unarmed protestors, displacing hundreds of thousands of people, burning, torturing and killing civilians and denying equal access to humanitarian aid. The military forces and authorities operating under the control of the SAC have restricted freedom of assembly and of expression by blocking internet access, and through arbitrary arrests, detentions and convictions of opposition leaders and opponents of the coup. Furthermore, the SAC has imposed martial law in parts of the country allowing the military to exercise full authority over the specified area, including administrative, judicial and law-enforcement functions. In the areas under martial law, civilians, including journalists and peaceful protesters, are prosecuted by military courts, deprived of the right to due process, including the right of appeal. Violent actions by military and police forces threatening peace, security and stability have increased significantly in areas where martial law has been declared.
As a member of the SAC, U Shwe Kyein is directly responsible for those repressive decisions and for serious human rights violations.


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49.


Aung Moe Myint (a.k.a. U Aung Moe Myint)


Nationality: Myanmar/Burma;
Gender: male


Aung Moe Myint was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, Aung Moe Myint has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




50.


Than Tun (a.k.a. U Than Tun)


Nationality: Myanmar/Burma;
Gender: male


Than Tun was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Tun has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




51.


Aung Lwin Oo (a.k.a. U Aung Lwin OO)


Nationality: Myanmar/Burma;
Gender: male


Aung Lwin Oo was nominated as a member the Union Election Commission (UEC) on 23 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Lwin Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




52.


Aung Saw Win (a.k.a U Aung Saw Win)


Nationality: Myanmar/Burma;
Gender: male


Aung Saw Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1st February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Aung Saw Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




53.


Than Win


Nationality: Myanmar/Burma;
Gender: male


Than Win was nominated as a member the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Than Win has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




54.


Saw Ba Hline (a.k.a U Saw Ba Hline)


Nationality: Myanmar/Burma;
Gender: male


Saw Ba Hline was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Saw Ba Hline has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


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55.


Soe Oo (a.k.a. U Soe OO)


Nationality: Myanmar/Burma;
Gender: male


Soe Oo was nominated as a member the Union Election Commission (UEC) on 9 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges against 16 people for electoral fraud for the same elections, and the repression against former members of the UEC, Soe Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




56.


Than Soe (a.k.a U Than Soe)


Nationality: Myanmar/Burma;
Gender: male


Than Soe was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Than Soe has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




57.


Bran Shaung (a.k.a U Bran Shaung)


Nationality: Myanmar/Burma
Gender: male


Bran Shaung was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Bran Shaung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




58.


Myint Oo (a.k.a. U Myint Oo)


Nationality: Myanmar/Burma;
Gender: male


Myint Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




59.


Khin Maung Oo (a.k.a U Khin Maung Oo)


Nationality: Myanmar/Burma;
Gender: male


Khin Maung Oo was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Khin Maung Oo has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




60.


Nu Mya Zan (a.k.a Daw Nu Mya Zan)


Nationality: Myanmar/Burma;
Gender: female


Nu Mya Zan was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through her actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Nu Mya Zan has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




61.


Myint Thein (a.k.a U Myint Thein)


Nationality: Myanmar/Burma;
Gender: male


Myint Thein was nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Myint Thein has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022




62.


Ba Maung (a.k.a. Dr Ba Maung)


Nationality: Myanmar/Burma;
Gender: male


Ba Maung has been nominated as a member the Union Election Commission (UEC) on 26 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as a member of the UEC, notably the annulment of the results of the November 2020 elections without any proven evidence of fraud, as well as the filing of charges for electoral fraud for the same elections, and the repression against former members of the UEC, Ba Maung has been directly involved in actions undermining democracy and the rule of law in Myanmar/Burma.


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63.


Tayza Kyaw (a.k.a. U Tayza Kyaw)


Nationality: Myanmar/Burma;
Gender: male


U Tayza Kyaw is a member of the Myanmar Armed Forces (Tatmadaw) and occupies various high-ranking positions, including Commander of the Northern Command and Commander of the Bureau of Special Operations No. 1 (BSO 1).
Prior to the coup of 1 February 2021, U Tayza Kyaw oversaw military operations in Kachin State, characterised by excessive use of force against ethnic minority groups and indiscriminate violence leading to the violation of civilians’ rights and their forced displacement.
Since February 2021, U Tayza Kyaw has overseen the BSO 1, which has led several large-scale military operations in close cooperation with U Than Hlaing, whose responsibility for perpetrating excessive violence and human rights violations has been established. The preparation and subsequent launch of the ‘clearance operations’ in the Sagaing and Magwe regions, within the purview of the BSO 1, displayed particularly excessive use of force as well as gender-based violence. He is therefore responsible for serious human rights violations in Myanmar/Burma as well as for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.


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64.


Ni Lin Aung


Nationality: Myanmar/Burma;
Gender: male


Brigadier General Ni Lin Aung is the Commander of the Eastern Command of the Myanmar Armed Forces (Tatmadaw). Part of the jurisdiction of the Eastern Command is the State of Kayah. In an attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as Commander of the Eastern Command, Brig. General Ni Lin Aung directly commands the units in the State of Kayah, including those responsible for that massacre. Brig. General Ni Lin Aung is therefore responsible for serious human rights violations and engaging in actions that threaten the peace, security and stability of Myanmar/Burma.


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65.


Aung Zaw Aye


Nationality: Myanmar/Burma;
Gender: male


Lieutenant General Aung Zaw Aye is Commander of the Bureau of Special Operations No. 2 of the Myanmar Armed Forces (Tatmadaw).
In a military attack on 24 December 2021 near Moso village in Phruso township, Karenni (Kayah) State, at least 35 persons were killed, among them civilians, children and two humanitarian aid workers of the NGO Save the Children. The Tatmadaw is held responsible for the attack. In his position as commander of the Bureau of Special Operations 2, Lt. Gen. Aung Zaw Aye is in command of the Eastern Command, which directly commands the military units active in the State of Kayah, including those responsible for that massacre. Lt. Gen. Aung Zaw Aye is therefore responsible for serious human rights violations and for engaging in actions that threaten the peace, security and stability of Myanmar/Burma.


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(2)


The following entries are added to the list headed ‘B. Legal persons, entities and bodies referred to in Article 6(1)’:









 


Name


Identifying information


Reasons


Date of listing




‘7.


Htoo Group of Companies


Address: 5 Pyay Roas, Hlaing Township, Yangon, Myanmar/Burma;
Type of entity: holding company;
Place of registration: Myanmar/Burma;
Phone number: +95 1 500344 / +95 1 500355;
Website: https://htoo.com/


Htoo Group of Companies is a private conglomerate founded and chaired by U Tay Za, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). Its activities include trading, banking, mining, tourism and aviation.
Htoo Group of Companies provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. Additionally, Htoo Group of Companies has acted as an intermediary for the provision of military equipment which was used against civilian populations protesting against the 1 February coup, all across the country and in particular in areas with ethnic minorities. By contributing to the military’s capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma, Htoo Group of Companies provided support to the Tatmadaw, and engaged in actions that threaten the peace, security or stability of Myanmar/Burma.


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8.


International Group of Entrepreneurs (IGE) Company Limited


Address: No. 36-G, 37-F, level-20, Office Tower (2), Time City, Corner of Kyun taw Street and Hantharwaddy Road, (7), Quarter, Kamayut Township, Yangon, Myanmar/Burma 110401;
Type of entity: private enterprise;
Place of registration: Myanmar/Burma;
Phone number: +95775111112;
Website: www.ige.com.mm


International Group of Entrepreneurs (IGE) Company Limited is a private conglomerate founded and chaired by U Nay Aung, who is closely connected to the top leadership of the Myanmar Armed Forces (Tatmadaw). IGE is active in key infrastructure industries such as telecommunication and energy, as well as in the agriculture and hospitality fields.
IGE provided the Tatmadaw with financial support in 2017 in connection to the Rakhine ‘clearance operations’ and thus contributed to serious human rights violations in 2017 against the Rohingya population. IGE has also provided the Tatmadaw with indirect financial support by taking financial participations in several projects and companies linked to the Tatmadaw and its conglomerates. Therefore, it provides support to and benefits from the Tatmadaw.


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9.


No. 1 Mining Enterprise (ME1)


Address: Bu Tar Street, Forest Street, Corner of Yone Gyi Quarter, Monywa, Sagaing Region, Myanmar/Burma;
Type of entity: State-owned enterprise;
Place of registration: Myanmar/Burma;
Phone number: 09-071-21168


No. 1 Mining Enterprise (ME 1) is a State-owned enterprise (SOE) operating under the Ministry of Natural Resources and Environmental Conservation (MONREC) that also acts as the regulator for the sector of non-ferrous metal production and marketing. As such, the SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with ME 1.
On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from SOEs, including No. 1 Mining Enterprise. No. 1 Mining Enterprise is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law.
Moreover, No. 1 Mining Enterprise has taken part and/or overseen various projects linked to violence by the Tatmadaw against civilian populations and violation of their most basic rights, including through land confiscation and forced relocation. No. 1 Mining Enterprise is therefore responsible for supporting actions that threaten the peace, security and stability of Myanmar/Burma.


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10.


Myanma Oil and Gas Enterprise


Address: Ministry of Electricity and Energy, Building No.(6), Nay Pyi Taw, Myanmar/Burma;
Type of entity: State-owned enterprise;
Place of registration: Myanmar/Burma;
Phone number: +95-67-3 411 055;
Website: http://www.moee.gov.mm/en/ignite/page/40


The Myanma Oil and Gas Enterprise (MOGE), a State-owned enterprise (SOE), is the oil operator, service provider and regulator of the oil and gas sector. It oversees oil and gas exploration and production, domestic gas transmission and the distribution of petroleum products. The SOE is endowed with the responsibility to grant permits and collect part of the tax on profits made by private companies that are either in ‘production-sharing contracts’ or in joint venture with MOGE.
On 1 February 2021 the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the legitimate civilian Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021 the SAC appointed new ministers, including a minister of Electricity and Energy. The Ministry of Electricity and Energy (MEE) has oversight of MOGE. Through the SAC and the new cabinet, the military regime acquired control over and benefits from State-owned enterprises, including MOGE.
MOGE is thus controlled by and generates revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma.


21.2.2022’