CELEX: 32019R0672
Language: en
Date: 2019-04-29 00:00:00
Title: Council Implementing Regulation (EU) 2019/672 of 29 April 2019 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

30.4.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 114/1
               
            
         COUNCIL IMPLEMENTING REGULATION (EU) 2019/672
         of 29 April 2019
         implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to the Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (1), and in particular Article 4i(1) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:
         
                     (1)
                  
                  
                     On 2 May 2013, the Council adopted Regulation (EU) No 401/2013.
                  
               
                     (2)
                  
                  
                     In accordance with Article 4i(1) of Regulation (EU) No 401/2013, the Council has reviewed the list of designated persons and entities set out in Annex IV to that Regulation.
                  
               
                     (3)
                  
                  
                     For two listings updated information has been received, and for all listed persons their gender should be included.
                  
               
                     (4)
                  
                  
                     Annex IV to Regulation (EU) No 401/2013 should be amended accordingly,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation.
         
         
            Article 2
            This Regulation shall enter into force on the day following that of its publication 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 Brussels, 29 April 2019.
            
               
                  For the Council
               
               
                  The President
               
               G. CIAMBA
            
         
         
            (1)  OJ L 121, 3.5.2013, p. 1.
      
      
         
            ANNEX
            Entries 1 to 14 in the list of persons and entities set out in Annex IV to Regulation (EU) No 401/2013 are replaced by the following entries:
            
               
                            
                        
                        
                           Name
                        
                        
                           Identifying information
                        
                        
                           Reasons
                        
                        
                           Date of listing
                        
                     
                           ‘1.
                        
                        
                           Aung Kyaw Zaw
                        
                        
                           Date of birth: 20 August 1961
                           Gender: male
                           Passport No: DM000826
                           Date of issue: 22 November 2011
                           Date of expiry: 21 November 2021
                           Military identification number: BC 17444
                        
                        
                           Lieutenant General Aung Kyaw Zaw was the Commander of the Bureau of Special Operations No 3 of the Myanmar Armed Forces (Tatmadaw) from August 2015 to the end of 2017. The Bureau of Special Operations No 3 oversaw the Western Command and, in that context, Lieutenant General Aung Kyaw Zaw is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State by the Western Command during that period. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           2.
                        
                        
                           Maung Maung Soe
                        
                        
                           Date of birth: March 1964
                           Gender: male
                           National Identification Number: Tatmadaw Kyee 19571
                        
                        
                           Major General Maung Maung Soe was the Commander of the Western Command of the Myanmar Armed Forces (Tatmadaw) from October 2016 to 10 November 2017 and oversaw the military operations in Rakhine State. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State by the Western Command during that period. These include unlawful killings, sexual violence and systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           3.
                        
                        
                           Than Oo
                        
                        
                           Date of birth: 12 October 1973
                           Gender: male
                           Military identification number: BC 25723
                        
                        
                           Brigadier General Than Oo is the Commander of the 99th Light Infantry Division of the Myanmar Armed Forces (Tatmadaw). In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 99th Light Infantry Division. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           4.
                        
                        
                           Aung Aung
                        
                        
                           Gender: male
                           Military identification number: BC 23750
                        
                        
                           Brigadier General Aung Aung is the Commander of the 33rd Light Infantry Division of the Myanmar Armed Forces (Tatmadaw). In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 33rd Light Infantry Division. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           5.
                        
                        
                           Khin Maung Soe
                        
                        
                           Date of birth: 1972
                           Gender: male
                        
                        
                           Brigadier General Khin Maung Soe is the Commander of the Military Operation Command 15, also sometimes known as the 15th Light Infantry Division, of the Myanmar Armed Forces (Tatmadaw), under which Infantry Battalion No 564 falls. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the Military Operation Command 15, in particular by Infantry Battalion No 564. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           6.
                        
                        
                           Thura San Lwin
                        
                        
                           Date of birth: 17 March 1959
                           Gender: male
                        
                        
                           Brigadier General Thura San Lwin was the Commander of the Border Guard Police from October 2016 until early October 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State by the Border Guard Police during that period. These include unlawful killings and systematic burning of Rohingya houses and buildings.
                        
                        
                           25.6.2018
                        
                     
                           7.
                        
                        
                           Thant Zin Oo
                        
                        
                           Gender: male
                        
                        
                           Thant Zin Oo is the Commander of the 8th Security Police Battalion. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State in the second half of 2017 by the 8th Security Police Battalion. The serious human rights violations include unlawful killings and systematic burning of Rohingya houses and buildings. Those violations were conducted in conjunction with and in direct support of the 33rd Light Infantry Division of the Myanmar Armed Forces (Tatmadaw) led by Brigadier General Aung Aung. Thant Zin Oo is therefore associated with listed person, Brigadier General Aung Aung.
                        
                        
                           25.6.2018
                        
                     
                           8.
                        
                        
                           Ba Kyaw
                        
                        
                           Gender: male
                        
                        
                           Ba Kyaw is a Staff Sergeant in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). He committed atrocities and serious human rights violations, including murder, deportation and torture, against the Rohingya population in Rakhine State in the second half of 2017. In particular, he has been identified as one of the key perpetrators of the Maung Nu massacre on 27 August 2017.
                        
                        
                           21.12.2018
                        
                     
                           9.
                        
                        
                           Tun Naing
                        
                        
                           Gender: male
                        
                        
                           Tun Naing is the Commanding Officer of the Border Guard Police (BGP) base in Taung Bazar. In that capacity, he is responsible for the atrocities and serious human rights violations against the Rohingya population in Rakhine State committed by the BGP in Taung Bazar before, around and after 25 August 2017, including forced detention, ill-treatment and torture.
                        
                        
                           21.12.2018
                        
                     
                           10.
                        
                        
                           Khin Hlaing
                        
                        
                           Date of birth: 2 May 1968
                           Gender: male
                        
                        
                           Brigadier General Khin HLaing is the former Commander of the 99th Light Infantry Division (LID) and the current Commander of the North-eastern Command of the Myanmar Armed Forces (Tatmadaw). As the Commander of the 99th LID he oversaw military operations carried out in Shan State in 2016 and early 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against ethnic minority villagers in Shan State in the second half of 2016 by the 99th LID. These include unlawful killings, forced detention and destruction of villages.
                        
                        
                           21.12.2018
                        
                     
                           11.
                        
                        
                           Aung Myo Thu
                        
                        
                           Gender: male
                        
                        
                           Major Aung Myo Thu is the Field Unit Commander of 33rd Light Infantry Division (LID) of the Myanmar Armed Forces (Tatmadaw). As the Field Unit Commander of the 33rd LID he oversaw military operations carried out in Rakhine State in 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 33rd LID. These include unlawful killings, sexual violence and forced detention.
                        
                        
                           21.12.2018
                        
                     
                           12.
                        
                        
                           Thant Zaw Win
                        
                        
                           Gender: male
                        
                        
                           Thant Zaw Win is a Major in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). In that capacity, he oversaw military operations carried out in Rakhine State and is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State by the 564th LIB, notably in and around Maung Nu village on 27 August 2017. These include unlawful killings, sexual violence and systematic burning of Rohingya houses and buildings.
                        
                        
                           21.12.2018
                        
                     
                           13.
                        
                        
                           Kyaw Chay
                        
                        
                           Gender: male
                        
                        
                           Kyaw Chay is a Corporal in the Border Guard Police (BGP). He was formerly based in Zay Di Pyin and was the Commanding Officer of the BGP base in Zay Di Pyin in the period around 25 August 2017 when a series of human rights violations were committed by the BGP under his command. In that context, he is responsible for the atrocities and serious human rights violations by the BGP against the Rohingya population in Rakhine State in that period. He also participated in serious human rights violations. These violations include the ill-treatment of detainees and torture.
                        
                        
                           21.12.2018
                        
                     
                           14.
                        
                        
                           Nyi Nyi Swe
                        
                        
                           Gender: male
                        
                        
                           Major General Nyi Nyi Swe is the former Commander of the Northern Command of the Myanmar Armed Forces (Tatmadaw). In that capacity, he is responsible for the atrocities and serious human rights violations committed in Kachin State from May 2016 to April 2018 (until his appointment as Commander of the South-western Command) by the Northern Command, including ill-treatment of civilians. He is also responsible for obstructing the provision of humanitarian assistance to civilians in need in Kachin State in that period, in particular the blocking of food transports.
                        
                        
                           21.12.2018’