Council Decision (CFSP) 2023/2422 of 26 October 2023 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma
Date: 2023-10-26
Institutions: Council of the European Union
Subjects: EU restrictive measure, Myanmar/Burma, economic sanctions, international sanctions, legal person, natural person




L_202302422EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2422


27.10.2023







            COUNCIL DECISION (CFSP) 2023/2422
of 26 October 2023
         
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)


With regard to entry 84 in Section A and entry 17 in Section B 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, the measures in Articles 5(1) and 6(1) of that Decision apply until 29 October 2023.












(3)


On the basis of an interim review of Decision 2013/184/CFSP, the restrictive measures concerning those two entries should be prolonged until 30 April 2024.












(4)


Based on the updated information received, those two entries and the entry for one other person included in the Annex to Decision 2013/184/CFSP should be amended.












(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)


Article 12 is replaced by the following:

‘Article 12
This Decision shall apply until 30 April 2024. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’
;









(2)


the Annex is amended in accordance with the Annex to this Decision.






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




Done at Brussels, 26 October 2023.


For the Council


The President

P. NAVARRO RÍOS
            





(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 (‘List of natural and legal persons, entities and bodies referred to in Articles 5(1) and 6(1)’) is amended as follows:






(1)


in Section ‘A. Natural persons referred to in Articles 5(1) and 6(1)’, entries 84 and 93 are replaced by the following:









 


Name


Identifying information


Reasons


Date of listing




‘84.


Naing Htut Aung


Nationality: Myanmar/Burma;
Date of birth: 27.1.1968;
Gender: male
Passport number: 12/MAKAYA 118765


Naing Htut Aung is a Director and sole shareholder of International Gateways Group of Company Limited (IGGC) operating in the trading sector. He has strong ties with the military leadership in Myanmar.
Through IGGC, Naing Htut Aung provided financial support to the Myanmar Armed Forces (Tatmadaw) in 2017 at a fundraising event in connection with the Rakhine ‘clearance operations’, and donated to the Tatmadaw in 2023 on the occasion of the Armed Forces Day. Additionally, Naing Htut Aung was identified as an importer and broker of arms, military equipment and dual-use goods for the Tatmadaw, which were used against the civilian population and protesters all across the country.
By contributing to the military’s capabilities to commit serious human rights violations and the repression of the civilian population, as well as to carry out activities undermining democracy and the rule of law in Myanmar/Burma, Naing Htut Aung provided support to the Tatmadaw and engaged in actions that threaten the peace, security or stability of Myanmar/Burma.


8.11.2022’;




‘93.


Myo Myint Oo


Nationality: Myanmar/Burma;
Place of birth: Myanmar/Burma;
Gender: male


Myo Myint Oo has been the Union Minister for Energy since 5 August 2022. As Government Minister, he forms part of the military regime.
Under his authority, EU-listed entity Myanmar Oil and Gas Enterprise (MOGE) generates revenue for the EU-listed State Administration Council (SAC) and Myanmar Petroleum Enterprise, which is engaged in the import and distribution of aviation fuel including for fighter jets and other military aircraft.
As Minister for Energy, he is in charge of enabling the investment and cooperation with foreign partners in the oil and gas sectors, which creates revenue for the SAC, thereby contributing to securing the financial needs of the military regime and to importing aviation fuel for the military which enables the military airstrikes against civilians.
He is therefore a natural person whose actions, policies or activities undermine democracy or the rule of law in Myanmar/Burma, or who engages in, or provides support for, actions that threaten the peace, security or stability of Myanmar/Burma.


20.2.2023’;














(2)


in section ‘B. Legal persons, entities and bodies referred to in Article 6(1)’, entry 17 is replaced by the following:









 


Name


Identifying information


Reasons


Date of listing




‘17.


International Gateways Group of Company Limited (a.k.a. IGGC, a.k.a. IGG)


Address: Kyaik Wine Pagoda Road, No 19, Myaing Hay Wun Housing, 8-Mile, Mayangone, Yangon, Myanmar;
or
Thamadi Street No 4-1/3, 8th Quarter, Mayangone Township, Yangon region, Myanmar;
Email: internationalgatewaysho@gmail.com;
Place of registration: Myanmar;
Associated individual: Naing Htut Aung (Director and sole shareholder)
Associated entity: MEHL


International Gateways Group of Company Limited (IGGC) is a company co-directed by Naing Htut Aung and which operates in the trading sector. It contributed funds as the single largest donor to the Myanmar Armed Forces (Tatmadaw) in 2017, at fundraising events for the Rakhine ‘clearance operations’ held by Commander in Chief Min Aung Hlaing. In addition, IGGC donated to the Tatmadaw in 2023 on the occasion of the Armed Forces Day.
Furthermore, IGGC has been involved in arms procurement for the Tatmadaw, including military equipment and dual-use goods, which were used against the civilian population and protesters all across the country. IGGC has therefore provided support to the Tatmadaw and engaged in actions that threaten the peace, security or stability of Myanmar/Burma.


20.2.2023’.











ELI: http://data.europa.eu/eli/dec/2023/2422/oj
ISSN 1977-0677 (electronic edition)